2 Colo. Code Regs. § 407-5-3

Current through Register Vol. 47, No. 23, December 10, 2024

Rule 2 CCR 407-5-3 - APPLICATION AND QUALIFICATIONS FOR CERTIFICATION EXAMINATIONS

3.1General Criteria and Qualifications

The following general criteria apply to all applicants.

(1) The applicant must submit a complete and accurate application to be qualified by the Board to take an examination.

(2) Any application fee required must be received prior to the application deadline set by the Office.

(3) An applicant must be able to demonstrate to the examiners, that at the time of the examination, the applicant has adequate hearing and/or eyesight for and safe competent performance of the position for which he or she is being examined; or the applicant must be able to subsequently verify the same by demonstration or medical examination.

(4) An applicant should be knowledgeable of the job requirements for which he or she is testing, including knowledge of state and federal laws applicable to general mine health and safety and that certified position.

(5) An applicant must have completed mine safety training, including first aid.

(6) As requested, the applicant must be able to produce verification for all qualifications and references presented as part of the application including verification of work experience, training and retraining, and education as applicable.

3.2Specific Criteria and Qualifications

An applicant must have as a minimum, the following qualifications in order to take the examination for certification for that position. On a case by case basis, the Board may allow substitution of college education for experience according to Rule 3.2 . The applicant must then pass said examination, including any on-site demonstration required, to the satisfaction of the Board to receive a certificate of competency for that position.

(1) All applicants for certification must have been previously qualified by MSHA as a methane and oxygen deficiency tester.

(2) For underground mine certification, the following criteria apply:

(a) Underground Mine Foreman:

(i) The applicant must have performed in the capacity of underground mine examiner (fire boss), and

(ii) must have a minimum of three years working experience in coal mines, or in mining determined to be equivalent by the Board, at least one of which years shall have been in a underground coal mine. (34-22-112(2) and 34-22-112(3))

(b) Underground Assistant Mine Foreman:

(i) The applicant must have performed in the capacity of underground mine examiner (fire boss), and

(ii) must have a minimum of three years working experience in coal mines, or in mining determined to be equivalent by the Board, at least one of which years shall have been in a underground coal mine.

(c) Underground Mine Examiner:

The applicant must have proof of training and at least three years of practical experience in gassy underground mining, at least one of which years shall have been in an underground coal mine. (34-22-112(4))

(d) Underground Electrician:

(i) The applicant must provide proof of training and experience to perform electrical work, and

(ii) must provide proof of at least one year of experience performing electrical work in an underground coal mine, or in underground mining determined to be equivalent by the Board. (34-22-112(5))

(e) Underground Hoistman:

(i) The applicant must provide proof of at least 30 days experience as a hoisting engineer.

(ii) The applicant shall also demonstrate to an examiner or advisor, at the mine site, that he or she has the competency and skills to safely operate hoisting equipment. (34-22-112(6), 34-22-112(7), and 34-21-109)

(f) Underground Shot Firer:

(i) The applicant must provide proof of previous training, as a shot firer, and

(ii) must have at least 1 year of practical field experience in underground mining, and

(iii) may be required to perform a practical demonstration for the examiner. (34-22-112(6))

(g) Underground Methane and Oxygen Deficiency Tester:

(i) a person who has been qualified by MSHA as an underground methane and oxygen deficiency tester shall be recognized by the state as a qualified person to perform those tests.

(ii) This qualification may also be obtained as part of the Colorado certification process.

(3) For surface mine certification, the following criteria apply:

(a) Surface mine foreman:

The applicant must have a minimum of three years working experience in coal mines, or in mining determined to be equivalent by the Board, at least one of which years shall have been in a surface coal mine.

(b) Surface Assistant Mine Foreman:

The applicant must have a minimum of three years working experience in coal mines, or in mining determined to be equivalent by the Board, at least one of which years shall have been in a surface coal mine.

(c) Surface Mine Examiner:

The applicant must have a minimum of three years working experience in coal mines, or in mining determined to be equivalent by the Board, at least one of which years shall have been in a surface coal mine.

(d) Surface Electrician:

(i) The applicant must provide proof of training and experience to perform electrical work, and

(ii) must provide proof of at least one year of experience performing electrical work in a surface coal mine, or in surface mining determined to be equivalent by the Board. (34-22-112(5))

(e) Surface Blaster:

(i) The applicant must have Colorado certification as a surface shot firer, and

(ii) must provide proof of at least one year of practical experience in the use and handling of explosives.

(iii) must provide proof of U.S. Office of Surface Mining training as a surface blaster.

(f) Surface Shot Firer:

(i) The applicant must provide proof of at least one year of practical experience in surface mining, and

(ii) may be required to perform a practical demonstration for the examiner.

(g) Surface Methane and Oxygen Deficiency Tester:

A person, who has been qualified by MSHA as a methane and oxygen deficiency tester, shall be recognized by the state as a qualified person to perform those tests. This qualification may also be obtained as part of the Colorado certification process.

(4) Education as a Substitute for Experience

On a case-by-case basis, the Board may allow substitution of college education in approved mining degree programs as partial satisfaction of mining experience for the positions of surface or underground mine foreman, and assistant mine foreman.

(5) Reciprocity

The Board may recognize certification by another state if such certification requirements are substantially similar to those required in the Colorado program. The Board will consider requests for reciprocity on a case-by-case basis. (34-22-106)

(a) On a case by case basis, the Board may recognize certification obtained directly from MSHA as valid certification in Colorado for the positions of underground electrician, surface electrician, or hoistman.

(b) On a case by case basis, the Board or Office may grant temporary certification to an individual for the following certified positions:

(i) underground or surface mine foreman

(ii) underground or surface assistant mine foreman

(iii) underground or surface electrician

(iv) underground hoistman

(c) consideration shall be based upon such factors as employment history and confirmation of qualifications.

(d) any temporary certification granted by the Board shall expire two weeks after the date of the next immediate quarterly examination for that position, and is not renewable.

(6) Recognition of Formerly Colorado Certified Positions as Equivalent to Currently Certified Positions

Fire-boss: a Colorado certified fire-boss shall be considered by the Board to be equivalent to a certified Underground Mine Examiner.

3.3Application and Examination Process

Application forms and test materials shall be prepared and approved by the Board.

(1) Examinations are organized into several parts, each part designed to test different areas of competency for a specific certification. Each part is graded as a unit and carries an individual test score.

(a) An examination may include a practical demonstration of competency at the applicant's mine site.

(2) If an applicant fails a single part or multiple parts of an examination, the part or parts of the examination failed may be retaken one time during the next 12 months at a regular quarterly examination by the applicant. The applicant will not be reexamined on the parts for which the applicant received a passing grade.

(a) The Board or Office may discuss the tests results with an applicant, and advise the applicant of any special areas of training or study that may be needed to gain competency in a particular examination area.

(3) At the discretion of the examiners conducting the examination, applicants may be disqualified from the examination for impropriety.

(a) If such action is taken by the examiners, a written report shall be filed with the Board, for consideration of further Board action.

(4) If an applicant is applying for an upgrade of a current position, he or she may retake portions of an examination already passed, in order to achieve a higher score to meet the requirements for the upgraded position.

3.4Examination Results, Issuance of Certification

(1) The Office shall notify the applicant in writing of the examination results. Applicants who pass the examination will receive certification in the form of a letter and an identification card of certification.

(2) The Office shall maintain permanent records of all persons certified by the state of Colorado through the Board. Permanent records shall be maintained at the office in the Division of Reclamation, Mining and Safety. The Office shall also maintain an active record of all certified individuals.

3.5Upgrading, Eligible Positions and Process

(1) The Board recognizes two situations in which a certified person may be eligible for upgrading of their existing certification:

(a) The certified position of Surface or Underground Assistant Mine Foreman may be upgraded to Surface or Underground Mine Foreman, as applicable.

(b) The certified position of Underground Mine Examiner may be upgraded to Underground Mine Foreman, after the individual has worked in the position of Underground Mine Examiner.

(2) Requests for upgrading as provided for in Rule 3.5, above, are allowed on a case-by-case basis, at the discretion of the Board. Requests for upgrading should be sent to the Board in the form of a written letter from the employer, requesting that the Board review the requestor's qualifications and determine if the requestor meets the Board's requirements for an upgrade.

(a) If the Board determines that the requestor is eligible for an upgrade, the Board may schedule an examination which may include written or oral examination or a hands on demonstration by the applicant.

(b) If the Board determines that the requestor is not eligible for an upgrade, the Board will send the requestor a letter stating the Board's conclusion, and also stating what measures would be necessary for the requestor to obtain the necessary qualifications for the desired position.

(c) The application fee for upgrading shall be the same as for an application for certification.

2 CCR 407-5-3