CHAPTER 12. SAFETY EQUIPMENT AND SAFEGUARDS
IC 22-10-12
Chapter 12. Safety Equipment and Safeguards
IC 22-10-12-1
Repealed
(Repealed by P.L.35-2007, SEC.26.)
IC 22-10-12-2
Repealed
(Repealed by P.L.35-2007, SEC.26.)
IC 22-10-12-3
Repealed
(Repealed by P.L.35-2007, SEC.26.)
IC 22-10-12-4
Repealed
(Repealed by P.L.165-1997, SEC.12.)
IC 22-10-12-5
Repealed
(Repealed by P.L.165-1997, SEC.12.)
IC 22-10-12-6
Repealed
(Repealed by P.L.35-2007, SEC.26.)
IC 22-10-12-7
Repealed
(Repealed by P.L.35-2007, SEC.26.)
IC 22-10-12-8
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2251.)
IC 22-10-12-9
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2251.)
IC 22-10-12-10
Mine rescue team equipment
Sec. 10. The bureau of mines and mine safety shall acquire andmaintain at all times the breathing apparatuses, universal testers,booster pumps, and related equipment required to equip two (2)complete rescue teams. This mine rescue equipment shall be housedunder the direction of the bureau.
As added by P.L.232-1983, SEC.1. Amended by P.L.37-1985,SEC.52.
IC 22-10-12-11 Mine rescue team; training; compensation
Sec. 11. (a) The bureau of mines and mine safety shall maintaineither one (1) or two (2) mine rescue teams. Each team must consistof at least five (5) members and two (2) alternate members. At thediscretion of the commissioner of labor, the requirement to maintaineither one (1) or two (2) mine rescue teams may be met by using anoperator to provide the team members, equipment, and suppliesnecessary for not more than one (1) team. The board shall:
(1) require active underground mines to provide personnel forthe mine rescue teams; and
(2) consult with operators to determine the number of personnelthat each operator of an active underground mine is required tofurnish for the mine rescue teams.
The director, in consultation with the board, shall determine thetraining and retraining requirements for the mine rescue teams,consistent with Mine Safety Administration requirements.
(b) When practical, members of a mine rescue team shall be madeup of supervisory and nonsupervisory employees.
(c) A member of a mine rescue team shall be fully compensatedby the owner or operator for wages lost and expenses incurred whilebeing trained under this section if the employee elects to becompensated.
(d) Compensation for damages arising from the injury or death ofa member of a mine rescue team while performing rescue operationsshall be limited to the rights and remedies provided by the injuredperson's employer. However, the employer of the injured or fatallyinjured mine rescue team member is entitled to reimbursement fromthe operator whose mine is the subject of the rescue attempt for theactual cost to the employer that is attributable to the injury or death.
(e) The operator of the mine that is the subject of the rescueattempt shall reimburse the bureau for the actual cost of a minerescue operation, including compensation for all mine rescue teammembers.
As added by P.L.232-1983, SEC.2. Amended by P.L.37-1985,SEC.53; P.L.243-1987, SEC.13; P.L.215-1989, SEC.6; P.L.1-1990,SEC.239; P.L.35-2007, SEC.21.
IC 22-10-12-12
Mine disaster rescue operations
Sec. 12. In the event of an underground mine disaster affectingmine personnel, the director of the bureau of mines and mine safetyshall:
(1) report immediately to the mine;
(2) cooperate with the Mine Safety Administration; and
(3) assist the rescue operations.
As added by P.L.232-1983, SEC.3. Amended by P.L.37-1985,SEC.54; P.L.35-2007, SEC.22.
IC 22-10-12-13
Annual statistical report; list of rescue teams Sec. 13. The director of the bureau of mines and mine safety shallprovide an annual statistical report including a list of all trained minerescue teams. The report shall be sent to all mines that have minerescue teams.
As added by P.L.232-1983, SEC.4. Amended by P.L.37-1985,SEC.55.
IC 22-10-12-14
Application of certain sections to surface coal mines
Sec. 14. Sections 10, 11, 12, and 13 of this chapter apply to anysurface coal mine at the request of the mine owner or operator.
As added by P.L.232-1983, SEC.5.
IC 22-10-12-15
Repealed
(Repealed by P.L.35-2007, SEC.26.)
IC 22-10-12-16
Mine safety fund; establishment; administration
Sec. 16. (a) The mine safety fund is established to provide fundingfor the purchase and maintenance of underground mine rescueequipment.
(b) The department of labor shall administer the fund.
(c) The fund consists of:
(1) assessments collected by the mining board underIC 22-10-1.5-5(a)(4) and deposited into the fund;
(2) fees:
(A) from examinations under IC 22-10-3-10(g);
(B) for duplicate certificates under IC 22-10-3-11(a); and
(C) from applicants for a certificate under IC 22-10-3-13(d);and
(3) interest from investments as accrued and deposited undersubsection (d).
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest thataccumulates from these investments shall be deposited into the fund.
(e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.187-2003, SEC.3. Amended by P.L.35-2007,SEC.23.