Is an independent contractor’s employee working on a mine site a “miner”? Or Know before you go.

Depends, but the answer can be yes.  The Mine Safety Health Administration (MSHA) deems independent contractors to be “miners” when working on a mine site;  Even if the electrical contractor is not actually mining. (See MSHA Part 46, Reference Guide, February 2017).

So what’s the big deal, if the electric contractor employees are deemed “miners”?  The big deal is the electrical contractor’s employees working on the mine site must receive New Miner Training under Part 46 of the MSH Act before starting work at the mine.  If MSHA discovers the electrical contractor employees have not been New Miner trained MSHA will immediately order their removal from the mine site and not allowed to return until they have been New Miner Trained. But wait, it gets better.  The electrical contractor will not be the only entity cited by MSHA.

MSHA will issue citations to the electrical contractor AND mine owner.  The citations will be designated “Significant and Substantial or S & S” (this is not good).  Regular MSHA citation fines can reach up to $72,620.  Per noncomplying condition. Yikes!!!  Oh, and, the electrical contractor’s client will be ever so thrilled at the S & S citation it receives because you, the contractor, failed to New Miner Train your employees.  (Talk about a major public relations error.)

Moral of the story, know before you go.