27-128. Inspection of mines; violation;
classification
A. The state mine inspector or a deputy inspector shall inspect each mine in the
state as frequently as necessary to determine whether any hazardous dust condition exists
therein. There shall be a prompt inspection of any mine in which he or a deputy
inspector has reason to believe a hazardous dust condition exists or with respect to
which complaint of a hazardous dust condition has been made as provided in section
27-308. The mine inspector or a deputy inspector shall make recommendations to mine
operators as to methods of reducing dust and whenever he finds a hazardous dust condition
he shall notify the mine operator thereof. The notice shall be in writing and shall
specify a reasonable time within which the dust condition must be remedied. The mine
operator shall install within the time specified, and thereafter maintain and operate,
dust prevention practices which remedy the hazardous dust condition.
B. If the dust prevention practices are not installed within the time specified in
the notice or are not thereafter maintained, the state mine inspector or a deputy
inspector shall forthwith order cessation of operations, except for necessary maintenance
and repair work, in all parts of the mine in which hazardous dust conditions exist or are
produced by operations until the condition is remedied. Written notice of the order
shall be given the mine operator and any mine operator who thereafter knowingly fails to
obey the order is guilty of a class 2 misdemeanor.
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