CHAPTER VI

QUALIFIED PERSON CERTIFICATION RULES

  Section 1. Authority:

  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 testing for flammable gas in underground gassy mines in Wyoming.

  Section 2. Definitions

  (a) Hands-on Experience: Shall mean practical work experience involving the mining of the mineral in an underground gassy mine.

  (b) Metal/Non Metal Mine: Shall mean any mine other than a coal mine and shall exclude the surface area of a metal/non metal mine.

  (c) Underground Coal Mine: Shall mean an actual underground coal mine and shall exclude the surface area of an underground coal mine.

  (d) Gassy Underground Mine: Shall mean any underground mine that has been designated as a gassy mine by the State Mine Inspector or the Mine Health and Safety Administration.

  (e) Qualified Person: Shall mean a person qualified by means of the proper certification issued by the council or by means of training and practical demonstration of ability to the inspector or the Mine Health and Safety Administration (MSHA).

  Section 3. Certification Required

  (a) No individual shall perform the act of testing for flammable gas, as required by W.S. § 30-3-304 (c), at or beyond the last open crosscut, in any gassy underground mine, unless certified as a qualified person by the Mining Council, the State Mine Inspector or the Mine Health and Safety Administration (MSHA).

  Section 4. Training Requirement

  (a) An applicant for qualified person certification, as required by W.S. § 30-3-304

  (c) , must show proof of having successfully completed training in the following subject areas. For proof of training the applicant must have MSHA Form 5000-23 which documents the training and is signed by the trainer who gave the training.

    (1)  The properties of methane including, the explosive limits, specific gravity and physical properties.

    (2)  The procedures for properly testing for methane.

    (3)  Working limits in a methane atmosphere, action requirements and statutory requirements for elevated levels of methane.

    (4)  The proper use and care of the methane detector.

    (5)  The minimum ventilation requirements at and beyond the last open crosscut and at the face areas of a gassy mine as defined by Wyoming Mining Laws, W.S. § 30-3-501 through W.S. § 30-3-503, and the General Mine Safety Rules, Chapter Three, Subpart T.

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

  Section 5. Experience Requirement

  (a) To take the qualified person certification examination, an applicant is required to be employed at and work underground in the underground gassy mine.

  Section 6. Examination Requirements

  (a) An applicant for a qualified person certification must successfully complete a practical demonstration of ability examination administered by the State Mine Inspector.

  Section 7. Application Requirement

  (a) An applicant for a qualified 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 shall be requested by the State Mine Inspector.

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

  (c) Each application, when filed, shall be accompanied by a MSHA Form 5000-23 which documents the training and is signed by the instructor who gave the training.

  (d) An applicant may withdraw his/her application for certification by written request to the State Mine Inspector. In such cases the applicant may reapply anytime in the future by submitting the proper application.

  Section 8. Certification Examination

  (a) An applicant must meet all of the requirements set forth in these rules before applying to take the qualified person certification examination.

  (b) The certification examination shall be administered at the convenience of the State Mine Inspector. Each applicant shall provide their own approved gas detection instrument, to be used by the applicant, during the practical demonstration.

  (c) The certification examination shall consist of a practical demonstration of ability. The practicaldemonstration may cover the subjects listed in Section 4 of these rules.

  (d) The practical demonstration of ability shall be administered by the State Mine Inspector or his deputies.

  (e) The practical demonstration shall be graded using a check list of pertinent points that must be successfully demonstrated.

  (f) To pass the practical demonstration the applicant must successfully demonstrate minimum of 75% (seventy-five percent) of the pertinent points on the practical demonstration check list.

  Section 9. Notification of Results

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

  Section 10. Reexamination

  (a) An applicant who has failed the qualified person certification examination shall be required to reapply before being permitted to retake the examination.

  (b) An applicant, who has failed and applies to retake the examination, shall be required to retake the practical demonstration of ability examination.

  Section 11. Examination Review Procedure

  (a) An applicant may review his/her examination at the State Mine Inspector's office during regular business hours.