Code of Alabama - Title 25: Industrial Relations and Labor - Chapter 9 - Coal Mine Safety
- Article 1 General Provisions.
- Section 25-9-1 Short title; purpose of chapter
This chapter shall be known as the "Alabama Coal Mine Safety Law of 1975." The purpose of this chapter is to provide reasonable laws to...
- Section 25-9-2 Definitions
Unless the context clearly requires otherwise, as used in this chapter, the following terms have the following meanings: (1) SECRETARY. The Secretary of the Department...
- Section 25-9-3 Appointment of mine inspectors and other employees
There shall be appointed by the Secretary of Labor a sufficient number of mine inspectors and other employees, including at least one qualified mining engineer.
- Section 25-9-4 Certain persons not to have interest in Alabama coal mines
No person shall be appointed mine inspector, head mine inspector, or Chief of the Division of Safety and Inspection who, or the spouse of whom,...
- Section 25-9-5 Qualifications and residence of chief of division
(a) The Chief of the Division of Safety and Inspection shall: (1) Be a qualified elector; (2) Have had 12 or more years' experience in...
- Section 25-9-6 Qualifications and residence of mine inspectors and head mine inspector
(a) Each mine inspector and head mine inspector shall: (1) Be a qualified elector; (2) Possess a mine foreman certificate of competency of the State...
- Section 25-9-7 Duties of mine inspectors generally; accompanying of inspectors on inspections by representatives of miners; mine examination reports
The duties of mine inspectors are to make examinations of mines to see that all the requirements of this chapter are strictly observed and carried...
- Section 25-9-8 Certificate of competency for fire bosses and mine foremen - Required
(a) Except as otherwise provided in this chapter, no person shall act as fire boss in any coal mine in this state unless he is...
- Section 25-9-9 Certificate of competency for fire bosses and mine foremen - Board of examiners
(a) There shall be appointed by the Governor a board of examiners, all of whom shall be citizens of this state and hold Alabama mine...
- Section 25-9-10 Certificate of competency for fire bosses and mine foremen - Examinations; fees
The board of examiners created by Section 25-9-9 shall examine qualified applicants and give certificates of competency to persons who pass the required examinations to...
- Section 25-9-11 Certificate of competency for fire bosses and mine foremen - Qualifications of mine foreman
(a) Each applicant for a mine foreman's certificate of competency shall be at least 23 years old and be a citizen of the United States...
- Section 25-9-12 Certificate of competency for fire bosses and mine foremen - Qualifications of fire boss
(a) Each applicant for a fire boss's certificate of competency shall be at least 22 years old and be a citizen of the United States...
- Section 25-9-13 Certificate of competency for fire bosses and mine foremen - Replacement of lost certificates
In case of the loss or destruction of a certificate of competency, the department may supply a copy thereof to the person losing same upon...
- Section 25-9-14 Certificate of competency for fire bosses and mine foremen - Forged or counterfeit certificates; uttering false certificates; false statements or misrepresentations in applications
Any person who shall forge or counterfeit a certificate or knowingly make or cause to be made any false statement in any certificate of competency...
- Section 25-9-15 Certificate of competency for fire bosses and mine foremen - Suspension, cancellation, or revocation; voluntary surrender of certificate
(a) The board may issue an official written reprimand of any person certified under this chapter as a disciplinary measure for a first violation of...
- Section 25-9-16 Failure of fire boss to perform required duties
Any fire boss in a mine who fails to perform any duty imposed on him by the laws of this state as fire boss shall...
- Section 25-9-17 Persons authorized to act as fire boss; temporary fire boss or mine foreman
(a) Except as otherwise provided in this chapter, no person shall act as fire boss in any coal mine in this state unless he or...
- Section 25-9-18 Qualifications of mine foremen in underground mines
No person shall be employed as mine foreman in any underground coal mine in this state unless he is in possession of a certificate of...
- Section 25-9-19 Inspection of working places and abandoned areas of mines by foreman
The mine foreman or subordinate supervisor shall visit each working place on operating days to assure that proper conditions are maintained in the mine as...
- Section 25-9-20 Schedule of mine inspections
Mines shall be given one complete inspection every 45 days, and more often if necessary. Special or partial or complete inspections shall be made when...
- Section 25-9-21 Instruments for measurement of air and gases in mines
The department shall be furnished by the state all necessary instruments for measurement of the air and gases in coal mines, mine rescue equipment, and...
- Section 25-9-22 Witnesses at proceedings under chapter generally
(a) The chief has the authority to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify under oath in any proceeding...
- Section 25-9-23 Expenses of executing subpoenas, attendance of witnesses, and contempt proceedings
The expenses of executing subpoenas and the attendance of witnesses as well as contempt proceedings under Section 25-9-22 shall be paid out of any funds...
- Section 25-9-24 Reporting and correction of unsafe conditions
Unsafe conditions, known to any persons underground, that cannot be corrected by them in the course of their normal duties, shall be promptly reported to...
- Section 25-9-26 Persons not employees not to enter mines without consent of operator, etc
Persons not employees of a coal mine or duly authorized employees of the Department of Labor shall not enter such mine unless the consent of...
- Section 25-9-27 Entry into mine while intoxicated; transporting intoxicating liquor into mine
Whoever shall, while under the influence of intoxicating liquor, enter any coal mine or any of the buildings connected with the operation of same within...
- Section 25-9-29 Giving of orders requiring violation of chapter
Any person acting as coal mine superintendent, mining engineer, other official or supervisor who gives orders that will require violation of this chapter, shall be...
- Section 25-9-28 Solicitation of funds from employees for purposes of retaining or procuring employment, etc
Any coal mine superintendent, mine foreman or assistant mine foreman, or any other person or persons operating or controlling a coal mine, who shall receive...
- Section 25-9-30 Persons under 18 not to work in or about mines
No person under the age of 18 shall be employed to work or labor in or about any coal mine in this state.
- Article 2 Miscellaneous Safety Requirements.
- Article 3 Accidents and Disasters.
- Article 4 Mine Gases and Ventilation.
- Section 25-9-80 Main fans
(a) All main fans shall be installed on the surface, in fireproof housings, the fan situated not less than 30 feet from its air shaft...
- Section 25-9-81 Use of methane detectors
(a) Methane detectors used for examining in coal mines shall be permissible. When not in use, they shall be in the care of certified officials...
- Section 25-9-82 Standards and procedures as to gases and air quality
(a) Air in which men work or travel must promptly be improved if it contains less than 19.5 percent oxygen, more than one percent carbon...
- Section 25-9-83 Standards as to volume of air
Sufficient air must be circulated and conducted through all entries, slopes, travelways, working places, air courses, and open abandoned areas to dilute, render harmless, and...
- Section 25-9-84 Coursing of air
(a) Two available openings to the surface are required from each seam or stratum of coal worked. In drift or slope mines, such openings provided...
- Section 25-9-85 Sealing, testing, etc., of abandoned workings
(a) Abandoned workings that cannot be ventilated adequately with safety to employees must be sealed. The chief of the division will prescribe rules for sealing...
- Section 25-9-86 Examinations for gases and other dangerous conditions
(a) Operators of mines are required to employ one or more certified fire bosses and to have a preshift examination made. The duties of the...
- Section 25-9-87 Use of flame safety lamps
(a) All flame safety lamps used for examining coal mines or for working therein shall be permissible. When not in use, they shall be in...
- Section 25-9-88 Reports as to ventilation, gas content, reopening of mines, etc
(a) The operator of each coal mine shall send to the division a report monthly, or more often if necessary, showing the amount of ventilation...
- Section 25-9-89 Procedure when workings approaching inaccessible accumulations of gases or water
When workings are being driven toward any worked out and inaccessible or abandoned area or a shaft, that may contain accumulations of gases or water...
- Section 25-9-90 Duty of employees to report damage or unsafe conditions; correction of damage or unsafe conditions
Each employee shall promptly inform his supervisor or the mine foreman of damage to or unsafe condition of any ventilation appliance when known by the...
- Section 25-9-91 Prohibited acts
It shall be a misdemeanor for any person to enter, without an order from an authoritative official, or go dangerously near any mine or part...
- Article 5 Coal and Rock Dust.
- Article 6 Explosives and Blasting.
- Article 7 Underground Fire Prevention and Control.
- Section 25-9-150 Building of fires in mines; use of torches; welding and burning
(a) No person shall build a fire or cause a fire to be built in any coal mine, except as provided hereinafter. (b) Torches may...
- Section 25-9-151 Examinations for fire
In any mine or part of a mine which will be neither fire-bossed nor worked on the following shift, a supervisor or other responsible person...
- Section 25-9-152 Use, storage, etc., of oil, grease, and lubricants; fire extinguishing equipment
(a) Oiling or greasing of mine cars inside coal mines is permitted only when the work and storage areas are kept reasonably clean at all...
- Section 25-9-153 Underground stables
No underground stables shall be constructed or used in coal mines after August 12, 1949, and straw for bedding or hay for feeding animals shall...
- Section 25-9-154 Procedure upon discovery of fire
(a) The first person to discover a fire and any person in the vicinity shall take prompt steps to extinguish the fire. (b) If the...
- Section 25-9-155 Operators to report fires; assistance, etc., of chief in extinguishing fires, etc
Immediately upon knowledge of serious fire in or about a mine, the operator shall report by the quickest available means to the chief of the...
- Article 8 Electrical Equipment.
- Section 25-9-170 Transformers, conversion equipment, etc
(a) All surface transformers, unless of "dead front" construction or if installed at least eight feet above ground, shall be enclosed in a house or...
- Section 25-9-171 Power wires and circuits; signal and telephone wires; trolley and feeder wires
(a) All power circuits entering a mine shall be protected against lightning by lightning arrestors at or near the points of entrance to the mine....
- Section 25-9-172 Grounding of frames, casings, and other electrical equipment
Where grounding wires are used to ground metallic sheaths, armors, conduits, frames, casings and other metallic enclosures, such grounding wires must comply with the following...
- Section 25-9-173 Circuit breakers, etc.; insulating platforms
(a) Circuit breakers or other overload devices shall be provided to protect power circuits. (b) Insulating platforms of dry wood, rubber, or other suitable nonconductive...
- Section 25-9-174 Telephones
Telephone service or approved equivalent means of communication shall be provided at the bottom of each main shaft or slope and in all mines from...
- Section 25-9-175 Electric drills, etc.; trailing cables; cables for portable equipment
(a) Electric drills or other electrically operated rotating tools intended to be held in hands shall have the electric switch constructed so as to break...
- Section 25-9-176 Electric lights
Electric lights shall be installed so that they cannot come in contact with combustible materials. The wires shall be supported by suitable insulators and fastened...
- Article 9 Roof Support.
- Article 10 Hoisting and Haulage.
- Section 25-9-210 Hoist engineers; signal codes, etc.; safety features of cages, hoist engines, hoist ropes, and hoist shafts; hoisting of tools, timber, animals, etc
(a) Only competent engineers shall be placed in charge of or permitted to operate any engine used for conveying into and hoisting out of any...
- Section 25-9-211 Maintenance, etc., of mine locomotives and other haulage equipment
(a) Mine locomotives must be maintained so that brakes are adequate and in good order, sand riggings are operative, and locomotives are in safe operating...
- Section 25-9-212 Construction, installation, and maintenance of elements of track of haulage roads
(a) The roadbed, rails, joints, switches, frogs, and other elements of the track of all haulage roads shall be constructed, installed, and maintained in a...
- Section 25-9-213 Clearances, crossovers, and shelter holes on haulage roads
(a) Haulage roads on entries developed after August 12, 1949, shall have a continuous unobstructed clearance of at least 24 inches from the farthest projection...
- Section 25-9-214 Certain machinery prohibited underground
Nonpermissible internal combustion engines or other machinery which gives off noxious fumes shall not be permitted underground in any coal mine.
- Section 25-9-215 Safety devices and practices
(a) Locomotives shall be equipped with proper devices for the rerailing of locomotives and cars. (b) An audible warning device and headlights shall be provided...
- Section 25-9-216 Transportation of men
(a) Man-trips shall be operated at safe speeds consistent with the condition of roads and type of equipment used, but not to exceed 12 miles...
- Article 11 Operation and Maintenance of Machinery.
- Section 25-9-230 Face equipment
(a) The cutter chains of mining machines shall be locked securely at all times except when the machine is cutting, the chain is being oiled...
- Section 25-9-231 Shop equipment, etc
(a) Gears, sprockets, friction devices, and couplings with protruding bolts or nuts, shafting and projecting shaft ends that are within seven feet of floor or...
- Section 25-9-232 Operation of machinery by repairmen
Repairmen shall not operate machinery unless they are thoroughly familiar with requirements for safe operation. No person will order or require repairmen to operate machinery...
- Article 12 Surface Structures and Practices.
- Section 25-9-250 Use of electrical equipment; maintenance, etc., in tipples and cleaning plants
(a) In dangerously dusty locations, electric motors, switches, and controls shall be of dust-tight construction or enclosed with reasonably dust-tight housing or enclosures. Open-type motors,...
- Section 25-9-251 Storage of flammable liquids in lamp houses
Naphtha or other flammable liquids in lamp houses shall be kept in approved containers or other safe dispensers.
- Section 25-9-252 Maintenance, etc., of stairways, elevated platforms, and runways
(a) Stairways, elevated platforms, and runways shall be equipped with handrails. (b) Elevated platforms and stairways shall be provided with toeboards where necessary, and they...
- Section 25-9-253 Housekeeping practices
Good housekeeping shall be practiced in and around mine buildings and yards. Such practices include cleanliness, orderly storage of materials, and the removal of possible...
- Section 25-9-254 Fire prevention in surface structures
(a) Oil, grease, and similar flammable materials shall be stored in closed containers, separate from other materials so as not to create a fire hazard...
- Article 13 Surface Mining Operations.
- Section 25-9-270 Applicability of provisions
All other provisions of this chapter, except those obviously peculiar to underground operations and also those specifically provided for in this article, are applicable to...
- Section 25-9-271 Maintenance, etc., of banks; overburden, etc., of open pits
(a) Guards. Excavations shall be provided with substantial barriers at points where passageways, tracks, roadways, or buildings adjoin such excavation. (b) Loose material. All pit...
- Section 25-9-272 Maintenance, etc., of means of access to pits
(a) Access. Safe means of access shall be provided to all working places in any pit. (b) Fastening ladders. All fixed ladders shall be properly...
- Section 25-9-273 Operation, inspection, and maintenance of shovels and draglines
(a) Inspection. Shovels and draglines shall be inspected at the beginning of each shift, and such inspection shall include all mechanical equipment. Electrical equipment shall...
- Section 25-9-274 Electrical equipment installations and inspections; grounding and insulation of electrical equipment; trailing cables
(a) Installations and inspections. All electrical equipment installations shall be approved and all electrical inspections made by a qualified person. (b) Grounding. (1) Where grounding...
- Section 25-9-275 Guarding of exposed engines, wheels, etc.; safety of tools
(a) All exposed engines, wheels, screens, shafting, gears, belting, or other moving equipment shall be covered or adequately guarded in such a way as to...
- Section 25-9-276 "Blasting agent" and "explosives" defined; storage and transportation of blasting agents, explosives, and detonators generally
(a)(1) "Blasting agent," as used in this article, means any material consisting of a mixture of fuel and oxidizer which: a. Is used or intended...
- Section 25-9-277 Handling and use of explosives and detonators
(a) Only designated persons shall cut, cap, and issue capped fuses and explosives. (b) When cutting fuse, it shall be cut square across with a...
- Section 25-9-278 Blasting practices and procedures generally
(a) All blasting shall be done in a safe manner after all persons have been removed to a safe place. (b) All blasting should be...
- Section 25-9-279 Electrical blasting practices and procedures
(a) When loading or charging blast holes with electric detonators, all electric power within an unsafe distance of the place to be blasted shall be...
- Section 25-9-280 Handling of explosives during blasting operations; warnings, guards, etc
(a) Explosives, excluding blasting agents, must be unloaded in a safe manner and at a safe distance from the blasting place. (b) If several boxes...
- Section 25-9-281 Safety devices and practices for compressed air receivers, etc
(a) All compressed air receivers, cylinders, or other vessels used in or around surface mining operations shall be protected by safety or relief valves to...
- Section 25-9-282 First aid equipment; training of personnel in first aid methods
(a) At or near every pit there shall be adequate approved first aid materials as follows: One stretcher and one broken-back board, or, if a...
- Section 25-9-283 Provision of sanitary toilets, potable drinking water, and drinking cups or fountains
(a) Approved sanitary toilets shall be provided and kept in a clean and sanitary condition. Such toilets should be in a central location for use...
- Section 25-9-284 Increase in hazards of pit operations to be reported
In case of any occurrence or change of conditions tending materially to increase the hazards of pit operations, whether or not personal injury results, a...
- Article 14 Maps and Surveys.
- Article 15 Boundaries and Adjacent Landowners.
- Article 16 Scales and Weighing.
- Article 17 Enforcement.
- Section 25-9-360 Suspension of compliance with chapter; compliance with and enforcement of chapter generally
(a) Whenever any equipment or supplies required by this chapter, including rock-dusting machines, flame safety lamps, and permissible electric equipment are unobtainable, compliance with the...
- Section 25-9-361 Superintendent, mine foremen, etc., to comply with and ensure compliance with chapter
It shall be the duty of the superintendent, mine foreman, subordinate supervisors, fire bosses, or mine examiners, and other officials to comply with and to...
- Section 25-9-362 Employees, etc., to comply with chapter and rules, etc., of operators
It shall be the duty of all employees and check weighmen to comply with this chapter and to cooperate with management and the division in...
- Section 25-9-363 Quarterly reports of mine operators
The operator of every coal mine shall make to the department a correct report each three months of the calendar year specifying the name of...
- Section 25-9-364 Posting of abstract of chapter at mines; defacing, etc., of abstract
For the purpose of making known the rules and provisions of this chapter to all persons employed in or about coal mines to which this...
- Section 25-9-365 Inspectors may order suspension of mine operations for violations imminently hazardous to workmen
Any mine inspector shall have the authority to order suspension of operations of a coal mine or pit or any part thereof when violations of...
- Section 25-9-366 Review by chief of orders of inspectors
The decisions and orders of an inspector shall take effect as he shall specify in a written notice to the superintendent of said mine and...
- Section 25-9-367 Judicial review of orders suspending mine operations
If the chief shall, upon review, continue or modify such order, the owner or operator may apply to the circuit court of the county wherein...
- Section 25-9-368 Injunctions
In addition to any other remedy, the secretary may, for persistent, continued or imminent violations of this chapter, apply for a permanent injunction.
- Section 25-9-369 Representation of department
The department may be represented by its general counsel or other attorneys, district attorneys, or the Attorney General.
- Section 25-9-370 Unlawful acts for which no other penalty provided
Any unlawful act for which no other penalty is provided in this chapter shall be a misdemeanor punishable by a fine of not less than...
Last modified: May 3, 2021