CHAPTER 3. ADMINISTRATION; CERTIFICATION OF CERTAIN MINE WORKERS
IC 22-10-3
Chapter 3. Administration; Certification of Certain Mine Workers
IC 22-10-3-1
Definitions
Sec. 1. As used in this article:
"Active workings" means all places in a mine that are ventilatedand inspected regularly.
"Belt examiner" means an individual designated by the mineforeman to perform the functions as required by 30 CFR Part 75 inconnection with examinations to ensure that the belt, belt drives,dump points, air movement, roof, and ribs of a mine are in safecondition.
"Board" refers to the mining board established underIC 22-10-1.5-2.
"Commercial mine" means any underground mine from whichcoal is produced for sale, exchange, or commercial use.
"Director" means the director of the bureau of mines and minesafety established under IC 22-1-1-4.
"Hoisting engineer" means an individual who is capable oftransporting people and material in and out of a mine by means of ahoist.
"Interested persons" means the director, safety personneldesignated by the operator, state and federal coal mine inspectors,and, to the extent required by law, any other person.
"Mine" means an underground commercial coal mine.
"Mine examiner" means a properly certified person designated bythe mine foreman to examine the mine for gas and other dangers. Amine examiner may temporarily act as a section foreman ifdesignated to act as such by the mine foreman.
"Mine foreman" means the person charged with the responsibilityof the general supervision of the underground working of a mine andthe persons employed in the mine and for the health and safety ofthose employees.
"Mine inspector" means the person appointed to assist inadministering this article.
"Mine Safety Administration" refers to the Mine Safety andHealth Administration, United States Department of Labor.
"Mining laws" means:
(1) this article;
(2) IC 22-1-1-5(a); and
(3) 30 CFR part 75.
"Operator" means an individual, firm, association, partnership,limited liability company, or corporation operating an undergroundcoal mine or any part of a mine.
"Shot-firer" means a properly certified person designated by themine foreman to perform the functions as required in this article inconnection with breaking down coal or rock.
(Formerly: Acts 1955, c.168, s.15; Acts 1975, P.L.257, SEC.1.) Asamended by Acts 1979, P.L.231, SEC.1; P.L.37-1985, SEC.47;
P.L.243-1987, SEC.1; P.L.112-1992, SEC.5; P.L.8-1993, SEC.295;P.L.35-2007, SEC.12.
IC 22-10-3-2
Repealed
(Repealed by P.L.35-2007, SEC.26.)
IC 22-10-3-3
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-10-3-4
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-10-3-5
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-10-3-6
Director; powers and duties; records; inspection report
Sec. 6. (a) The director shall devote the director's attention to theduties of the office during working hours and is subject to call at alltimes. The director and any mine inspector funded by the generalassembly are authorized to enter, examine, and inspect allcommercial coal mines and facilities.
(b) The director shall have full direction of the official activitiesof any mine inspector and shall be responsible therefor.
(c) The director and each mine inspector shall have power, and itis their duty, to stop immediately the operation of any coal mine orpart thereof when any dangerous or unlawful condition exists.However, where conditions exist justifying the director or the mineinspector to do so, the director or mine inspector shall grant areasonable period of time for making necessary repairs. Where a stopin operation is enforced, such director and mine inspector shall beempowered to subsequently allow such mine or part of a mine to bereopened when the dangerous or unlawful conditions have beenremedied or removed. If the operator or a workman believes that aninspector has acted illegally in citing violations of mining law, theymay appeal to the director for relief from such citation. The directormay grant or deny such relief after a hearing, at which all interestedparties have been notified of such hearing and given an opportunityto present evidence in support of their contentions.
(d) The director shall keep a properly indexed permanent recordof all inspections made by the director and the mine inspector, andcopies of all reports relating to coal mines shall be kept on file, andall such records shall be open to inspection by the public, and shallbe laid before the governor at any time upon the request of thegovernor. The director shall cause:
(1) within sixty (60) days of the date of the inspection,
inspection reports; and
(2) for two (2) years, all reports relating to coal mines;
to be posted on the web site maintained by the bureau of mines andmine safety created under IC 22-1-1-4(1).
(e) The director is empowered to revoke, in writing, any orderissued by a mine inspector for the purpose of stopping the operationof a mine or part thereof. However, such revocation of an order shallnot be made unless and until the director has made a personalexamination of the mine or part thereof affected and determined it tobe in a safe condition to operate.
(f) The director or mine inspector shall make a personalinspection of each mine in this state:
(1) at least once every three (3) months, or more often ifpracticable, while the mine is in operation;
(2) whenever any danger to the workmen may exist; or
(3) whenever called upon to do so by the workmen.
During a regular inspection, the director or inspector shall have theauthority to inspect the surface plant; every working place in themine; all active haulageways, travelways, and airways in theirentirety; entrances to abandoned workings; accessible old workings;escapeways and all other places where individuals work or travel;electric equipment and installations; first aid equipment; ventilationfacilities; communications installations; roof and rib conditions; andblasting practices, etc. The director or inspector shall have theauthority to measure the volume of air at the intake and return of themain ventilating current and of each split, and the amount passingthrough the last breakthrough in each pair or set of entries, anddesignate to the mine foreman where the director or inspector shallmeasure the currents of air as required by the mining laws of thisstate. In mines operating more than one (1) shift in a twenty-four (24)hour period, the director or inspector shall devote sufficient time tothe second and third shift to determine conditions and practicesrelated to the health and safety of the employees. The director orinspector shall make tests for gas and oxygen deficiency in eachplace that the director or inspector is required to inspect in the mine.Time shall be made available during an inspection for interactionwith the employees of the mine by the director or the inspector toascertain the familiarity of the employees with self-rescuers andaccessible escapeways.
(g) The director or mine inspector making an inspection of a mineshall make an accurate report covering such inspection, showing:
(1) the date of inspection and actual time required to make theinspection;
(2) the condition in which the mine is found;
(3) the extent to which the mining laws are violated;
(4) the progress made in the improvement of the mine, wheresuch progress relates to the health and safety of the employees;
(5) the number of fatal injuries and the number of nonfatallost-time injuries resulting from accidents in and around themine, and their cause; and (6) in case any violation of the mining laws is found, thespecific section or sections violated, with recommendations forcorrecting them, and the action taken to eliminate them.
(h) The director or mine inspector making an inspection of a mineshall within three (3) days after the completion of the inspection,deliver:
(1) one (1) copy of the inspection report on the mine to theoperator, superintendent, or mine foreman of the mineinspected; and
(2) one (1) copy to be posted within the three (3) day limit ona bulletin board at a prominent place on the premises where itcan be conveniently read by the employees. If corrective actionis implemented, the report shall remain on the bulletin board forthirty (30) days. If corrective action is not implemented, thereport shall not be removed from the bulletin board until thereport of the succeeding examination is posted.
The director or mine inspector shall keep the mine foreman orsuperintendent informed as much as is practicable of any violationor other unsafe condition as the regular inspection progresses. Ininstances where, in the opinion of the mine inspector, an imminentor serious disaster hazard exists, such inspector shall report the sameto the director by the quickest available means.
(i) It shall be the duty of the director and mine inspectors toenforce the mining laws of this state and the mine inspectors shallperform such other official duties required by the director as may benecessary to secure full compliance with the mining laws of thisstate.
(Formerly: Acts 1955, c.168, s.20.) As amended by Acts 1979,P.L.17, SEC.36; P.L.231-1983, SEC.6; P.L.112-1992, SEC.6;P.L.35-2007, SEC.13.
IC 22-10-3-7
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-10-3-8
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-10-3-9
Mining board; examination; records; application for certaincertifications
Sec. 9. (a) The director shall keep a record of the board's officialactions concerning certificates issued under this chapter and file therecord together with questions and answers pertaining toexaminations established by the board, including the grade given forthe answer to each question. The record shall be open for inspectionby interested persons. If applications for certification are received,the board shall meet at least quarterly at such time and place as itshall consider advisable for the purpose of examining applicants for
certificates. These quarterly meetings shall be held in January, April,July, and October. The date, time, and place of examination shall bepublished at all coal mines in this state and posted on the web sitemaintained by the bureau of mines and mine safety at least thirty (30)days before the examination. By a majority vote, the board shallestablish its rules of procedure and provide suitable certificates. Theboard shall adopt rules establishing standards for the competentpractice of mine foreman, belt examiner, mine examiner, shot-firer,and hoisting engineer.
(b) A person desiring certification for mine foreman, beltexaminer, mine examiner, shot-firer, or hoisting engineer must makewritten application to the board on forms supplied by the board notlater than ten (10) days prior to the examination date.
(Formerly: Acts 1955, c.168, s.23; Acts 1971, P.L.358, SEC.4.) Asamended by Acts 1979, P.L.231, SEC.3; Acts 1981, P.L.222, SEC.18;P.L.37-1985, SEC.48; P.L.35-2007, SEC.14.
IC 22-10-3-10
Mining board; examination; issuing certificates; qualifications forcertification; examination fee; replacement certificate
Sec. 10. (a) It is the duty of the board to examine any personapplying for a certificate for mine foreman, shot-firer, mineexaminer, hoisting engineer, or belt examiner and to issue certificatesof competency to the applicants who, upon examination, provethemselves competent and qualified. A certificate is valid only whenthe examination for certification has been held in the presence of amember of the board and signed by the chairman of the board. Acertificate of competency may not be issued to any person whosegrade is less than seventy-five percent (75%). The board shallobserve the requirements set forth in this section in conducting theexaminations.
(b) An applicant for a mine foreman certificate must have at leastfour (4) years of experience underground in coal mines. However, aperson who has graduated and holds a degree in engineering or anapproved four (4) year program in coal mining technology from anaccredited school, college, or university is required to have only two(2) years of practical underground mining experience to qualify forthe examination. A person who has graduated and holds a two (2)year associate in applied science degree in coal mining technologyfrom an accredited school, college, or university is required to haveonly three (3) years of practical underground mining experience toqualify for the examination. An applicant must prove to the board bywritten and oral examination and by demonstration, whereapplicable, that the applicant has a thorough knowledge of:
(1) the theory and practice of coal mining;
(2) the nature and properties of poisonous, noxious, andexplosive gases and methods for their detection and control;
(3) the requirements of the coal mining laws of this state; and
(4) the responsibilities and duties of a mine foreman under suchlaws;and that the applicant is otherwise qualified by law.
(c) An applicant for a mine examiner certificate must have at leastthree (3) years of experience underground in coal mines. However,a person who has graduated and holds a degree in engineering or anassociate in applied science degree in coal mining technology froman accredited school, college, or university is required to have onlytwo (2) years of practical underground mining experience to qualifyfor the examination. An applicant must prove to the board by writtenand oral examination and by demonstration, where applicable, thatthe applicant has a thorough knowledge of:
(1) the nature and properties of poisonous, noxious, andexplosive gases and methods for their detection and control;
(2) the practical aspects of coal mining pertaining especially toventilation and roof control; and
(3) the responsibilities of a mine examiner under coal mininglaws of this state;
and that the applicant is otherwise qualified by law.
(d) An applicant for a shot-firer certificate must have at least one(1) year of underground experience and must have been properlytrained in a course approved by the director in the safe use andhandling of explosives. An applicant must prove to the board bywritten and oral examination and by demonstration, whereapplicable, that the applicant has a working knowledge of:
(1) the proper handling and use of explosives and blastingdevices and the danger connected therewith;
(2) the nature and properties of poisonous, noxious, andexplosive gases and methods for their detection;
(3) the coal mining laws of the state pertaining to ventilation,roof control, and blasting; and
(4) the responsibilities of a shot-firer under applicable mininglaws;
and that the applicant is otherwise qualified by law.
(e) An applicant for a hoisting engineer certificate must prove tothe board by written and oral examination and by demonstration,where applicable, that the applicant:
(1) is capable of operating a hoist;
(2) has a thorough knowledge of the coal mining laws of thisstate pertaining to hoisting operations;
(3) has at least one (1) year mining experience;
(4) has at least twenty (20) hours practical experience under thesupervision of a certified hoisting engineer; and
(5) is otherwise qualified by law.
(f) An applicant for a belt examiner certificate must have at leastone (1) year of experience in belt maintenance or installation work.The applicant must prove to the board by written and oralexamination and by demonstration, where applicable, that theapplicant has a thorough knowledge of:
(1) the requirements of the coal mining laws of this state withparticular emphasis upon those laws pertaining to the use ofelectrical or belt equipment and the transmission of electrical
energy into coal mines; and
(2) the responsibilities of a belt examiner under those laws;
and that the applicant is otherwise qualified by law.
(g) An applicant for an examination under this section must paythe bureau of mines and mine safety an examination fee oftwenty-five dollars ($25). All fees collected under this subsectionshall be deposited in the mine safety fund established byIC 22-10-12-16. The board may set a different fee by rule underIC 22-10-1.5-4.
(h) A mine foreman, mine examiner, shot-firer, hoisting engineer,or belt examiner certificate issued before September 1, 1979, is validunder the mining laws of Indiana.
(i) A person who was issued a fire-boss certificate before July 1,2007, shall be issued a replacement mine examiner certificate uponrequest to the director.
(j) A person designated as mine superintendent or assistant minesuperintendent, or acting in either capacity, must hold a mineforeman certificate.
(k) A certificate may be granted to an applicant who presents tothe board satisfactory evidence that the applicant has not beenconvicted of:
(1) an act which would constitute a ground for disciplinarysanction under section 11.1(b) of this chapter; or
(2) a felony that has a direct bearing on the applicant's ability toact competently as a mine foreman, shot-firer, mine examiner,hoisting engineer, or belt examiner.
(l) For the purpose of safety, the board may refuse to examine anapplicant who cannot:
(1) readily understand the written English language; or
(2) express himself or herself in the English language.
(Formerly: Acts 1955, c.168, s.24; Acts 1971, P.L.358, SEC.5; Acts1973, P.L.242, SEC.1.) As amended by Acts 1979, P.L.231, SEC.4;Acts 1981, P.L.210, SEC.1; Acts 1981, P.L.222, SEC.19; Acts 1982,P.L.113, SEC.6; P.L.231-1983, SEC.7; P.L.37-1985, SEC.49;P.L.35-2007, SEC.15.
IC 22-10-3-11
Certificates; loss or destruction; duplicates; filing at mine office;inspection
Sec. 11. (a) In event of loss or destruction of any certificate issuedunder the mining laws of this state, the board, upon satisfactory proofof such loss or destruction, shall issue a duplicate certificate uponreceipt of five dollars ($5). The fee shall be deposited into the minesafety fund established by IC 22-10-12-16. The board may set adifferent fee by rule under IC 22-10-1.5-4.
(b) The holder of a mine foreman, mine examiner, shot-firer,hoisting engineer, or belt examiner certificate must present the sameor a photostatic copy to the official of the mine where the holder isemployed, who shall file it in the office at such mine, and such fileshall be available for inspection by interested persons.(Formerly: Acts 1955, c.168, s.25.) As amended by Acts 1979,P.L.231, SEC.5; Acts 1981, P.L.210, SEC.2; Acts 1981, P.L.222,SEC.20; P.L.231-1983, SEC.8; P.L.35-2007, SEC.16.
IC 22-10-3-11.1
Practitioner; definition; standards of conduct; sanctions; grounds;submission to examination
Sec. 11.1. (a) As used in this section, "practitioner" means anindividual who holds a certificate issued under this chapter.
(b) A practitioner shall conduct his duties as he is so certified inaccordance with the standards established by the board under section9(a) of this chapter and is subject to the exercise of the disciplinarysanctions under subsection (e), if after a hearing, the board finds:
(1) the practitioner has employed or knowingly cooperated infraud or material deception in order to obtain a certificate, orhas engaged in fraud or material deception in the course ofprofessional services or activities, or has advertised services ina false or misleading manner;
(2) the practitioner has been convicted of a crime which has adirect bearing on the practitioner's ability to continue to practicecompetently;
(3) a practitioner has knowingly violated section 12 of thischapter, or any rule adopted by the board under section 9(A)under this chapter;
(4) a practitioner has continued to practice as certified althoughhe has become unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory orpractice;
(C) physical or mental disability; or
(D) addiction or severe dependency upon alcohol or otherdrugs which endangers the public by impairing apractitioner's ability to practice safely;
(5) a practitioner has engaged in a course of lewd or immoralconduct in connection with the delivery of services to clients;or
(6) a practitioner has allowed his name or certificate issued tohim under this chapter to be used in connection with anyindividual who renders mining services beyond the scope of histraining, experience or competence.
(c) The board may order a practitioner to submit to a reasonablephysical or mental examination if his physical or mental capacity topractice safely is at issue in a disciplinary proceeding.
(d) Failure to comply with a board order to submit to a physicalor mental examination shall render a practitioner liable to thesummary revocation procedures under subsection (f).
(e) The board may impose any of the following sanctions, singlyor in combination, when it finds that a practitioner is guilty of anyoffense under subsection (b):
(1) permanently revoke a practitioner's certificate; (2) suspend a practitioner's certificate;
(3) censure a practitioner;
(4) issue a letter of reprimand; or
(5) place a practitioner on probation status and require thepractitioner to:
(A) report regularly to the board upon the matters which arethe basis of probation;
(B) limit practice to those areas prescribed by the board; or
(C) continue or renew professional education under apractitioner approved by the board until satisfactory degreeof skill has been attained in those areas which are the basisof the probation.
The board may withdraw the probation if it finds that the deficiencywhich required disciplinary action has been remedied.
(f) The board may summarily suspend a practitioner's certificatefor a period of ninety (90) days in advance of a final adjudication orduring the appeals process if the board finds that a practitionerrepresents a clear and immediate danger to the public health andsafety if he is allowed to continue to practice. The summarysuspension may be renewed upon a hearing before the board, andeach renewal may be for a period of ninety (90) days or less.
(g) A certificate issued under this chapter is automaticallysuspended upon the conviction of the practitioner of a felony under30 U.S.C. 820. A practitioner whose certificate is suspended underthis subsection may apply for reinstatement under subsection (h) ifat least five (5) years have elapsed from the practitioner's date ofdischarge from probation, imprisonment, or parole from the felony.
(h) The board may reinstate a certificate which has beensuspended under this chapter if, after a hearing, the board is satisfiedthat the applicant is able to practice with reasonable skill and safety.As a condition for reinstatement, the board may impose disciplinaryor corrective measures authorized under this chapter.
(i) The board shall seek to achieve consistency in the applicationof the sanctions authorized in this section, and significant departuresfrom prior decisions involving similar conduct shall be explained inthe board's findings or orders.
As added by Acts 1981, P.L.222, SEC.21. Amended by P.L.165-1997,SEC.1.
IC 22-10-3-12
Certification required for employment; persons certified in otherstates; inexperienced miner identification pending certification
Sec. 12. (a) It is unlawful for any person to serve in the capacityof mine foreman, mine examiner, shot-firer, hoisting engineer, or beltexaminer at any time unless the person is properly certified.However, any person who meets the appropriate experiencerequirements of this chapter and who is properly certified in one (1)of these capacities or its equivalent in another state which recognizesthe certification of Indiana may serve in such a capacity until thenext examination by the board, when the person must apply to the
board for a certificate of competency in the person's particularclassification.
(b) It is unlawful for an operator in this state to employ any personin the capacity of mine superintendent, assistant mine superintendent,mine foreman, mine examiner, shot-firer, hoisting engineer, or beltexaminer at any time unless the person is properly certified.
(c) Before any person certified in another state may perform in thecapacity of mine superintendent, assistant mine superintendent, mineforeman, mine examiner, shot-firer, hoisting engineer, or beltexaminer in Indiana, the person must present personally to thedirector evidence of the out-of-state certificate or certificates.
(d) Every inexperienced miner is required to wear an orange hardhat until the miner receives a certificate of competency.
(Formerly: Acts 1955, c.168, s.26; Acts 1971, P.L.358, SEC.6.) Asamended by Acts 1979, P.L.231, SEC.6; P.L.231-1983, SEC.9;P.L.37-1985, SEC.50; P.L.112-1992, SEC.7; P.L.35-2007, SEC.17.
IC 22-10-3-13
Certificate of competency; fee; report
Sec. 13. (a) A person may not be employed underground in anycoal mine in this state unless the person possesses a certificate ofcompetency issued by the director, except that a person who does notpossess a certificate may be employed to work under the supervisionof a person who does possess a certificate for the purpose ofbecoming qualified to obtain a certificate. A person who intends towork underground in a coal mine to obtain a certificate must firstobtain a permit from the director by stating the person's date of birthand residence address. The director shall grant a permit to anapplicant who is of legal age and who has intelligence and charactersuch that the person will not be a danger to life and property.
(b) A certificate of competency shall be granted to an applicantwho has at least six (6) months experience underground in coalmines, subject to subsection (f).
(c) The director's record shall include the names of applicants forcertificates and the names of persons to whom certificates are issued,correlated with the certificate numbers.
(d) An applicant for a certificate must pay the director at the timeof application a fee of five dollars ($5). All money received underthis subsection shall be deposited in the mine safety fund establishedby IC 22-10-12-16. The board may set a different fee by rule underIC 22-10-1.5-4.
(e) The board shall report to the director the names of all personsissued certificates, the amount of money received, the names of allpersons refused certificates, and the reasons for the refusals, andsuch reports shall be open for inspection by interested persons.
(f) If a person has been convicted of a felony under 30 U.S.C. 820and fewer than five (5) years have elapsed from the person's date ofdischarge from probation, imprisonment, or parole, the person maynot:
(1) obtain a certificate of competency; (2) be employed to work with a person who does possess acertificate; or
(3) obtain a permit to work toward a certificate of competency;
under subsection (a).
(Formerly: Acts 1955, c.168, s.27; Acts 1971, P.L.358, SEC.7; Acts1973, P.L.242, SEC.2.) As amended by Acts 1979, P.L.231, SEC.7;Acts 1981, P.L.210, SEC.3; P.L.37-1985, SEC.51; P.L.165-1997,SEC.2; P.L.35-2007, SEC.18.
IC 22-10-3-14
Supervision of mines
Sec. 14. A mine shall be supervised by one (1) or more certifiedmine foremen who shall see that compliance with mining laws thatpertain to the commercial mine's duties and to the health and safetyof the employees is met. When the mine workings are so extensivethat the mine foremen are unable personally to carry out the dutiesrequired of them by law, the operator shall employ a sufficientnumber of properly certified assistants who shall act under thedirection of the mine foremen. The mine foremen or their assistantsshall not permit a person to work in an unsafe place except for thepurpose of making it safe, and such work shall be under the directionand instruction of a certified official.
(Formerly: Acts 1955, c.168, s.28.) As amended by P.L.231-1983,SEC.10; P.L.35-2007, SEC.19.
IC 22-10-3-15
Copies of forms; accidents; reports; operator of mine; duties
Sec. 15. (a) The operator of a mine shall submit to the director acopy of the Mine Safety Administration Form 7000-2 when theoperator files the form with the Mine Safety Administration.
(b) The operator of a mine shall notify the director immediatelywhen an:
(1) accident occurs which prohibits the normal operation of themine for one (1) or more shifts, or for the remainder of the shiftduring which the accident occurred; and
(2) injury has been reported to the Mine Safety Administration.
(c) It shall be the duty of the operator of any mine to operate suchmine in full conformity with the coal mining laws of this state.
(Formerly: Acts 1955, c.168, s.29.) As amended by P.L.35-2007,SEC.20.