Wyo. Code R. 053-0004-6
Mining Inspector
Chapter 6: Qualified Person Cert. Rules
Effective Date: 12/11/1998 to 04/08/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0004.6.12111998
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.
(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 (MSHA).
(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).
(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 State Mine Inspector or the Mine Health and Safety Administration (MSHA).
(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.
(a) To take the qualified person certification examination, an applicant is required to be employed at and work underground in the underground gassy mine.
(a) An applicant for a qualified person certification must successfully complete a written examination and the practical demonstration of ability administered by the State Mine Inspector.
(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 and non-refundable application fee made payable to the State Mine Inspector. The amount of the application fee (not to exceed $ 25.00) shall be determined by the State Mine Inspector.
(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 and non-refundable fee.
(a) An applicant must meet all of the requirements set forth in these rules before taking the qualified person certification examination.
(b) The 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 two parts: The written part and the practical demonstration of ability part. Both the written and the practical demonstration parts shall cover the subjects listed in Section 4 of these rules.
(d) The written examination shall be developed by the State Mine Inspector. The examination may be administered either by the State Mine Inspector, or by mining company personnel designated by the State Mine Inspector.
(e) The practical demonstration of ability shall be administered by the State Mine Inspector or his deputies.
(f) Training and examination procedures, performed by a mining company, shall be evaluated periodically by the State Mine Inspector or his deputies.
(g) The written part of the examination shall be graded by the State Mine Inspector using an answer key designed for that purpose. The practical demonstration part of the examination shall be graded using a check list of pertinent points that must be successfully demonstrated.
(h) To pass the examination the applicant must correctly answer a minimum of 75% (seventy-five percent) of the questions on the written part of the examination and successfully demonstrate a minimum of 75% (seventy-five percent) of the pertinent points on the practical demonstration check list.
(i) The examination answer keys are the property of and shall remain in the possession of the State Mine Inspector.
(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.
(a) An applicant who has failed the qualified person certification examination shall be required to reapply and pay a non-refundable examination fee before being permitted to retake the examination.
(b) An applicant, who has failed and applies to retake the examination, shall be required to retake both the written and practical demonstration portions of the examination.
(a) An applicant may review either part of his/her examination at the State Mine Inspector’s office during regular business hours.
(a) An applicant is not allowed to appeal the examination or any part of the examination which the applicant has failed.