23-282

23-282. Underground mine employees and hoisting
engineers; eight hour day; exceptions; violation;
classification

A. Employment in mining activities in underground mines and underground workings is
declared injurious to health and dangerous to life and limb of those employed therein.

B. The period of employment for all persons employed or engaged in mining
activities in underground mines or underground workings or as hoisting engineers at
underground mines shall not exceed eight hours within any twenty-four hour period and the
eight hours shall include the time used in descending to and ascending from the point or
place of work in an underground mine or underground workings place of work.

C. The period of employment prescribed in subsection B may be deviated from in the
following instances:

1. In an emergency, where life or property is in imminent danger, the period of
labor prescribed in subsection B may be prolonged during the continuance of the
emergency.

2. The hours of employment may be changed from one part of the day to another at
stated periods, the change not to occur more than once in any two weeks, and the
employment may be for more than eight hours during the day in which the change is made.

3. If the employer has adopted a policy of longer periods of employment based on a
collective bargaining agreement between the employer and one or more labor organizations
representing one or more affected employees that expressly authorizes longer periods of
employment, but in no event longer than twelve hours in any twenty-four hour period,
subject to compliance with the terms and conditions for implementing periods of
employment in excess of eight hours as set forth in the collective bargaining
agreement. For purposes of this paragraph, "affected employees" means all or any group
of employees of the employer, regardless of whether or not the employees are members of a
labor organization, whose periods of employment are limited pursuant to subsection B of
this section.

D. Any person violating any provision of this section, and any person who, as
foreman, manager, superintendent, director, or officer of a corporation, or as employer
or superior officer of any person, knowingly commands, persuades, or allows any person to
violate any provision of this section is guilty of a class 2 misdemeanor.

E. Each day this section is violated constitutes a separate offense.