Title of Regulation:4VAC25-35. Certification Requirements for Mineral Miners (amending 4VAC25-35-120).

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 30, 2015.

Effective Date: January 15, 2016.

Agency Contact: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TTY (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.

Basis: Section 45.1-161.292:19 of the Code of Virginia allows the Department of Mines, Minerals and Energy (DMME) to require certification of persons who work in mineral mines and to promulgate regulations necessary to the certification process.

Purpose: The purpose of this regulation is to allow coal miners to easily transition to other areas of the mining industry. Promoting economic development is one of the core functions of DMME, and increasing the number of certified mineral miners could help grow the mineral mine industry.

Rationale for Using Fast-Track Process: This rulemaking is noncontroversial because it removes unnecessary and duplicative barriers to certification. The training needed to safely work on a surface coal mine is virtually identical to the training needed to safely work on a mineral mine site. This regulatory action would give coal miners the opportunity to seamlessly obtain general mineral miner certification.

Substance: The only substantive change in this regulation allows for miners with a valid general coal miner surface certification to obtain general mineral miner certification without going through training they have already received.

Issues: The primary advantages to the Commonwealth are removing unnecessary and duplicative barriers to certification and allowing for employees in a depressed industry to more smoothly transition to another industry. There are no known disadvantages.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Department of Mines, Minerals and Energy (DMME) proposes to amend this regulation to allow individuals who already possess a valid General Coal Miner Surface certification to obtain General Mineral Miner certification without having to receive additional training.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The current Certification Requirements for Mineral Miners require that applicants for General Mineral Miner certification "complete certification training in first aid and mineral mining regulations and law, which is conducted by a training instructor approved by the division, a certified MSHA¹ instructor, or a certified mine foreman." According to DMME, the training needed to safely work on a surface coal mine is virtually identical to the training needed to safely work on a mineral mine site. Individuals who already possess a valid General Coal Miner Surface certification would have had such training. Consequently DMME's proposal to specify that individuals who already have valid General Coal Miner Surface certification be deemed to have met the safety training requirements for General Mineral Miner certification will create a net benefit in that it will reduce the cost for surface coal miners to become certified general mineral miners without increasing safety risk. Specifically, the proposed amendment eliminates the need to spend approximately one work day on duplicative training.

Businesses and Entities Affected. The proposed amendment potentially affects the 441 mineral mine operators in the Commonwealth as it reduces the cost for surface coal miners to become certified mineral miners. There are currently 22,537 people with General Coal Miner Surface certification. Approximately 150 of the 441 existing mineral mine permits are held by small businesses.²

Localities Particularly Affected. The proposed amendment will potentially affect all localities in the Commonwealth that have mineral mines. According to DMME, 91% of Virginia's counties have mineral mines governed by state regulation.

Projected Impact on Employment. The proposed amendment will reduce the cost for certified surface coal miners to become certified mineral miners. This may moderately increase the number of experienced coal miners who gain employment at mineral mines.

Effects on the Use and Value of Private Property. The proposed amendment will moderately reduce training costs for mineral mine operators if they hire former surface coal miners. This may increase the likelihood that they hire former surface coal miners; and by having moderately lower costs for working mineral mines, the value of the property may moderately increase.

Real Estate Development Costs. The proposed amendment may moderately reduce mineral mine development costs in that it will reduce training costs for some potential mineral miners.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendment reduces the cost for small mineral mine operators to hire certified surface coal miners.

Alternative Method that Minimizes Adverse Impact. The proposed amendment does not adversely affect small businesses.

Adverse Impacts:

Businesses: The proposed amendment does not adversely affect businesses.

Localities: The proposed amendment does not adversely affect localities.

Other Entities: The proposed amendment does not adversely affect other entities.

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¹MSHA refers to the federal Mine Safety and Health Administration.

²Data Source: Department of Mines, Minerals and Energy

Agency's Response to Economic Impact Analysis: The Department of Mines, Minerals and Energy concurs with the economic impact analysis conducted by the Department of Planning and Budget.

Summary:

The amendment allows an individual who possesses a valid general coal miner surface certification to obtain general mineral miner certification without having to receive additional training.

4VAC25-35-120. General mineral miner.

A. As set forth in § 45.1-161.292:28 of the Code of Virginia, miners commencing work after January 1, 1997, shall have a general mineral miner certification. Persons excluded from the general mineral miner certification are those involved in delivery, office work, maintenance, service and construction work, other than the extraction and processing of minerals, who are contracted by the mine operator. Hazard training as required by 30 CFR Part 46 or 30 CFR Part 48 shall be provided to these persons.

B. Applicants shall complete certification training in first aid and mineral mining regulations and law, which is conducted by a training instructor approved by the division, a certified MSHA instructor, or a certified mine foreman. Training shall include the following topics, subtopics and practical applications:

1. First aid training shall convey knowledge of first aid practices including identification of trauma symptoms, recognition and treatment of external and internal bleeding, shock, fractures, and exposure to extreme heat or cold. Training shall include a demonstration of skills or passing an examination, as evidenced by the instructor certification submitted in a form acceptable to the division.

2. Law and regulation training shall convey highlights of the mineral mine safety laws of Virginia and the safety and health regulations of Virginia. Specifically, information shall be provided on miner responsibilities and accountability, certification requirements, violations, penalties, appeals and reporting violations to the division. Training shall include a demonstration of skills or passing an examination, as evidenced by the instructor certification submitted in a form acceptable to the division.

C. The trainer will certify to the department that the training and demonstrations required by § 45.1-161.292:28 B of the Code of Virginia and this section have occurred.

D. Applicants who hold a valid first aid certificate as noted in 4VAC25-35-10 shall be considered to have met the first aid requirements.

E. Applicants who have completed training may commence work and shall be considered provisionally certified for up to 60 days from the date the instructor completes the training.

F. The instructor shall submit verification of certification in a form acceptable to the division and the $10 fee for each applicant who completes the training, together with a class roster of all persons who complete the training, within 30 days of the training date.

G. The mine operator shall maintain the following records for those miners required to obtain a general mineral miner certification and those who qualify for exemption, starting January 1, 1997:

1. The employee name, address, and phone number.

2. The job title, employment date and general mineral miner number if applicable.

3. The date training was completed and the instructor providing it for nonexempt employees.

4. If the employee is exempt from the requirements, the date they began working in the mineral mining industry in Virginia.

H. Applicants who already possess a valid general coal miner surface certification pursuant to 4VAC25-20 shall be deemed to have met the requirements of this section.