Is the Requirement to “Ensure” Independent Contractors Receive Site-Specific Hazard Awareness Training a Strict Liability Standard?
A. Yes. Section 46.12(a)(1) establishes that the production-operator has primary responsibility for ensuring that Site-Specific Hazard Awareness training is given to employees of independent contractors, while Section 46.12(b)(1) establishes that each independent contractor who employs a miner under this Part has primary responsibility for complying with other required training. MSHA views Section 46.12 as a regulatory indication of whom the agency will cite for training violations under ordinary circumstances. Both the production-operator and the independent contractor share the responsibility that all miners receive all required training, and in extraordinary circumstances, MSHA may determine that both the production-operator and the independent contractor should be held liable for training violations.
Related Questions
- Is the Requirement to "Ensure" Independent Contractors Receive Site-Specific Hazard Awareness Training a Strict Liability Standard?
- Can a production-operator require an independent contractor to conduct site-specific hazard awareness training?
- How often must a person receive site-specific hazard awareness training?
