State Inspector of Mines

Contractor Certified Person Rule

CHAPTER 7

Section 1.        Authority.

            (a)       The State Mine Inspector, pursuant to W.S. 30-2-205 (a), is authorized to promulgate rules and regulations governing the certification of those persons performing a work place examination at a surface coal mine in the State of Wyoming.

Section 2.        Definitions.

            (a)       “Contractor certified person” means a person who is a contractor employee that is certified by the State Mining Council or the Certified Person Certificate issued by the Mine Safety and Health Administration.

            (b)       “Contractor employee” means any miner working at a surface coal mine who is not an employee of the mine operator.

            (c)       “Hands-on experience” means work experience involving the type of work activities that the contractor employee performs at a surface coal mine.

            (d)       “Surface coal mine” means any surface work areas of a surface coal mine.

Section 3.        Certification Required.

            (a)       No contractor employee shall perform workplace examinations at a surface coal mine and record results unless certified by the State Mining Council, or the Certified Person Certificate issued by the Mine Safety and Health Administration.

Section 4.        Training Requirements.

            (a)       Contractors shall perform training necessary for applicant certification. An applicant must show proof of having successfully completed training in the following subject areas:

                        (i)        general safety rules for surface coal mines;

                        (ii)       fire protection;

                        (iii)      duties of certified person;

                        (iv)      personal protective equipment;

                        (v)       methane and oxygen detection;

                        (vi)      basic first aid.

            (b)       The training performed by contractors shall be approved by the State Mine Inspector and evaluated periodically by the State Mine Inspector or his deputies.

Section 5.        Contractor Certified Person Requirements.

            (a)       To take the contractor certified person examination, an applicant is required to be employed as a contractor employee. The applicant must have a minimum of two (2) years hands-on experience.

            (b)       An applicant for a contractor certified person certificate must successfully complete a written and practical demonstration of ability examination administered by the State Mine Inspector or Deputy Inspector.

            (c)       An applicant for a contractor certified person certificate must file an application with the State Mine Inspector. The applicant shall furnish all information called for by the application form and any other supplemental information as required by the State Mine Inspector.

            (d)       An applicant may submit an application for certification at anytime that he or she meets the training and experience requirements.

Section 6.        Certification Examination.

            (a)       An applicant must meet all of the requirements set forth in Section 5 of this rule before applying to take the contractor certified person examination.

            (b)       The certification examination shall be administered by the State Mine Inspector or his deputies.

            (c)       The certification examination shall be administered at the convenience of the State Mine Inspector.

            (d)       The certification examination shall consist of a practical demonstration of ability and a written examination. The certification examination will cover the subject areas listed in Section 4 of this rule.

            (e)       The practical examination shall be graded using a checklist of pertinent points that must be successfully demonstrated.

            (f)        To pass the certification examination the applicant must achieve a minimum score of seventy five (75%) on both the practical demonstration and the written examination.

            Section 7.        Notification of Results.

(a)       An applicant shall be notified through the U.S. Mail, of his or her certification examination results within thirty (30) days of the applicant’s examination date.

            Section 8.        Re-examination.

            (a)       An applicant who has failed the contractor certified person examination shall be required to re-apply before being permitted to retake the examination.

            Section 9.        Certification Examination Review Procedure.

            (a)       An applicant may review his or her certification examination results at the State Mine Inspector’s office or at any of the field offices of the State Mine Inspector during regular business hours.