MSHA Part 46 Training: Requirements, Topics, and Compliance Guide
Complete guide to MSHA Part 46 training for surface metal/nonmetal and sand/gravel mining operations. Learn who needs it, what topics it covers, and how to stay compliant.
MSHA Part 46 training is the federal mine safety training regulation that applies to surface metal and nonmetal mining operations, including sand and gravel, crushed stone, and industrial minerals operations. If you work at one of these mines—or you're responsible for compliance—understanding Part 46 is non-negotiable. Violations can result in citations, fines, and in serious cases, shutdowns.
This guide covers who Part 46 applies to, what training types it requires, how records must be kept, and what MSHA inspectors look for when they audit your training program.
What Is MSHA Part 46?
30 CFR Part 46 (Title 30, Code of Federal Regulations, Part 46) is the MSHA regulation that sets minimum mandatory safety training requirements for miners at surface metal and nonmetal mines. It was promulgated in 1999 and significantly simplified the training requirements compared to the older Part 48 framework that it replaced for these operations.
Part 46's defining feature is flexibility. Rather than specifying exact training topics or hours for every category, it allows operators to develop site-specific training plans that reflect the actual hazards at their operation. The tradeoff: operators must document their plans, keep training records, and be able to demonstrate to MSHA inspectors that their program meets the performance standards the regulation sets.
Who Is Covered by Part 46?
Part 46 covers surface metal and nonmetal mining operations, which includes:
- Sand and gravel operations
- Crushed stone quarries
- Dimension stone operations
- Industrial minerals mines (limestone, salt, phosphate, etc.)
- Metal mines operated on the surface (gold placer, iron ore surface mines, etc.)
Part 46 does NOT cover: underground mines, surface coal mines, or underground coal mines—all of which fall under Part 48. Dredging operations may fall under either part depending on the minerals being extracted and the method used. When in doubt, contact MSHA's Metal and Nonmetal mine safety district office for a determination.
The Five Required Training Categories Under Part 46
Part 46 requires training in five distinct categories, each with specific rules about who must receive it and when.
1. New Miner Training (§46.5)
All new miners must receive a minimum of 24 hours of training before beginning work at a mine site. This training must cover: the miner's rights under MSHA, hazard recognition and avoidance, emergency medical procedures, introduction to the work environment, transportation controls, communication systems, and escape and emergency evacuation procedures.
Crucially, 4 of those 24 hours must be site-specific training that familiarizes the new miner with the specific hazards, emergency procedures, and work practices at that particular mine. Generic online training doesn't satisfy the site-specific requirement.
A miner may begin work before completing all 24 hours if they work under the close supervision of an experienced miner—but you must document this arrangement and complete the training within 60 days.
2. Newly Employed Experienced Miner Training (§46.6)
Miners with more than 12 months of surface metal/nonmetal mining experience who transfer to your mine are considered experienced miners. They must receive site-specific hazard training before starting work—the full 24-hour new miner training isn't required, but they must be trained on the hazards, emergency procedures, and site-specific conditions at your operation. The regulation doesn't specify a minimum number of hours for this category; your training plan defines the scope.
3. Annual Refresher Training (§46.8)
All miners must receive a minimum of 8 hours of annual refresher training each calendar year. This training must address mine hazards, safety policies and rules, and other topics relevant to the operation. Unlike new miner training, there's no specific topic list mandated—your training plan defines the content.
Annual refresher is where many operators fall out of compliance. A miner who misses their 8 hours by December 31 is out of compliance for that calendar year, even if they complete the training in January. Keep your training calendar tight and don't let this slip to the last week of December.
4. Task Training (§46.7)
Any miner who is assigned to a new task that presents a safety hazard must receive task-specific training before performing that task. This applies to equipment assignments, process changes, and changes in job duties. Task training must be documented, but there's no minimum hour requirement—the training must be appropriate to the hazard involved.
MSHA inspectors pay close attention to task training records. A miner operating a loader who has no documented task training for that equipment is a citation waiting to happen.
5. Site-Specific Hazard Awareness Training for Contractors (§46.11)
Contractors and contract workers who are present at your mine must receive site-specific hazard awareness training before entering areas where they may be exposed to hazards. This is a separate requirement from new miner training—it applies even to contractors who have extensive mining experience elsewhere. The operator is responsible for ensuring contractor training is completed and documented, even if the contractor's employer provides the trainer.
The Part 46 Training Plan Requirement
One of Part 46's most important and most overlooked requirements is the written training plan. Every operation covered by Part 46 must have a written training plan that describes:
- The content and duration of training for each required training category
- Who provides the training (name or position) and their qualifications
- How training will be presented (classroom, on-the-job, online, etc.)
- The methods used to evaluate whether miners have learned the material
This plan doesn't need MSHA's advance approval—but it must be available at the mine site for inspection. When an MSHA inspector arrives and asks for your training plan, you need to produce it immediately. If it doesn't exist or doesn't reflect what you're actually doing, you're looking at a citation for failure to maintain a training plan.
Training plans should be reviewed and updated annually or whenever the mine's conditions, operations, or hazards change significantly. A plan written in 2018 that hasn't been updated since doesn't reflect current operations and won't satisfy an inspector who sees equipment or processes not covered in the plan.
Training Records and Documentation
Part 46 requires that training records be maintained for each miner for the duration of their employment, plus one year after the miner leaves. Records must include the miner's name, the type of training received, the date of training, the duration of training, and the signature of the person who provided the training.
Common documentation errors that result in citations:
- No signature from the trainer on training records
- Training records that list training dates but not hours or duration
- Annual refresher records that don't add up to 8 hours
- Missing task training records for equipment assignments
- No documentation of contractor hazard awareness training
- Records stored off-site and not immediately available during inspection
Store training records at the mine site in a location accessible to MSHA inspectors. Cloud-based training management systems are acceptable as long as records can be printed or shown on-screen during an inspection. MSHA inspectors will ask to review records for randomly selected miners—having an organized, complete file for every current employee is essential.
Who Can Provide Part 46 Training?
Part 46 allows considerable flexibility in who can serve as a trainer. Qualified trainers include:
- MSHA-approved instructors (who've completed an MSHA Train-the-Trainer course)
- State-certified trainers in states with MSHA-approved state plans
- Trainers who are experienced miners with demonstrated ability to train
- Contract training companies with qualified instructors
Your training plan must identify who provides training and describe why they're qualified. For new miner training, using someone with no documented training qualification is a red flag. MSHA wants to see that trainers have content knowledge and some instructional capability—not just seniority.
MSHA offers free Train-the-Trainer courses through its National Mine Health and Safety Academy (MHSA) in Beckley, West Virginia, and through regional offices. These courses qualify trainers under Part 46 and are a cost-effective way to build in-house training capacity.
Common Part 46 Violations and How to Avoid Them
MSHA's violation data shows these are the most frequently cited Part 46 issues:
Failure to provide task training: Miners operating equipment for which they have no training records. Fix: institute a process where supervisors document task training before any miner starts a new equipment assignment.
Annual refresher not completed: Miners without 8 hours of annual refresher within the calendar year. Fix: track completion by employee in a spreadsheet or training management system with automated reminders in Q3.
Inadequate training plan: Plan doesn't describe actual training being provided, or hasn't been updated to reflect current operations. Fix: review and update the plan annually as part of your year-end safety program review.
Missing contractor documentation: No records of site hazard training for contractors. Fix: create a contractor sign-in/training checklist that's completed before any contractor accesses the mine site.
For comprehensive mine safety exam preparation covering MSHA regulations and safety protocols, see our MSHA certification guide and take our MSHA practice test to test your knowledge.
About the Author
Attorney & Bar Exam Preparation Specialist
Yale Law SchoolJames R. Hargrove is a practicing attorney and legal educator with a Juris Doctor from Yale Law School and an LLM in Constitutional Law. With over a decade of experience coaching bar exam candidates across multiple jurisdictions, he specializes in MBE strategy, state-specific essay preparation, and multistate performance test techniques.