Competent Person Part 46

1. Competent Person Part 46 “Your Onsite Training Expert”

2. Expert ?

3. Definition • Ex - former; Has-been; No longer • Pert - high spirited; Saucy

4. Objectives • Define “competent person” • Identify location of definition • Discuss the role of the competent person

5. Competent Person? • What is a CP? • What is their role? • Qualifications? • Training

6. MSHA Definition Competent person means a person designated by the production-operator or independent contractor who has the ability, training, knowledge, or experience to provide training to miners in his or her area of expertise. The competent person must be able both to effectively communicate the training subject to miners and to evaluate whether the training given to miners is effective. 30 CFR § 46.2 (b) Part 46 does not become effective until October 2000. We are providing you copy of the regulations for reference purposes.

7. FAQ* *Frequently Asked Questions

8. What Makes a Person “Competent?” • Knowledge • Skill • Ability • Training • Education • Experience • Authority

9. Who Designates a Competent Person? • The employer determines the ability of a worker to execute the duties of a competent person. 30 CFR § 46.2 (b) defines "competent person" as a person designated by the production-operator

10. Are Persons Who Provide Instruction to Miners in Mining Subjects Required to Be Approved by MSHA? • No. Part 46 does not require that instructors be approved by us. Under § 46.4(a)(2), training must be provided by a "competent person.

11. Can the list of “competent persons” in the training plan include a training institution or state grantee? Can the institution conduct the site-specific portions of the training? • Yes. Under § 46.4(b), you may arrange with an organization to provide all or part of your training, including site-specific hazard awareness training, if the organization has access to the site and is knowledgeable about the site-specific hazards at the mine. Section 46.3(b) specifically provides that you must indicate in your training plan the organization and/or the competent person who will provide the training

12. Will the Operator Have to Document the Background of the “Competent Person” or Explain the Rationale for Designating the Individual As a “Competent Person” • No. Part 46 does not require operators to document the background of the competent person. In cases where we have reasonable concerns that an individual who has been designated as a "competent person" does not have the necessary expertise to instruct or to evaluate the effectiveness of the training, we may question the operator about the basis for this designation.

13. Does the Competent Person Have to Be on Site? • No. The employer must ensure that a competent person performs designated duties defined in 30 CFR § 46.2(b) • The employer must also ensure that all employees are trained to recognize developing hazards

14. If They Don’t Have to Be on Site, How Do They Do Their Jobs? • Competent persons under part 46 are those individuals who have the ability, training, knowledge, or experience to provide training to miners in his or her area of expertise. The competent person must be able both to effectively communicate the training subject to miners and to evaluate whether the training given to miners is effective. ?

15. Summary • Select a competent person(s) • Prepare competent person(s) to execute their tasks • Empower them • Establish their role with all staff • Support their actions