Examination and inspection; frequency; reports and records
Sec. 10. (a) Examinations for gas and other dangerous conditions
shall be made by means of a methane detector approved by the
United States Mine Safety and Health Administration or by air
analysis.
(b) Not less than two (2) methane detectors approved by the
United States Mine Safety and Health Administration in proper
working condition shall be kept available at each mine for the use of
authorized persons.
(c) Persons whose regular duties require them to inspect working
places in mines for dangers shall have in their possession, and shall
use, when underground, a suitable permissible device capable of
detecting methane and oxygen deficiency.
(d) In all mines, within three (3) hours immediately preceding the
beginning of a coal-producing shift, and before any workmen in such
shift other than those who may be designated to make the
examinations prescribed in this subsection enter the mine, properly
certified foremen or fire-bosses designated by the operator shall
make an examination, as prescribed in this subsection, of such mine.
Such person so designated shall examine a definite underground area
of such mine, and, in making his examination, such examiner shall:
(1) inspect every active working place in such area and make
tests therein with a permissible device for oxygen deficiency in
the air and with a methane detector approved by the United
States Mine Safety and Health Administration for accumulation
of methane;
(2) examine seals and doors in active work places to determine
whether they are functioning properly;
(3) inspect and test the roof, face, and rib conditions in the
working places and on active roadways and travelways;
(4) inspect active roadways, travelways, approaches to
abandoned workings, and accessible falls in active sections for
explosive gas and other hazards; and
(5) inspect to determine whether the air in each split is traveling
in its proper course and in normal volume.
Such examiner shall place his initials, date, and time at or near the
face of each working place he examines. If such examiner, in making
his examination, finds a condition which he considers to be
dangerous to persons who may enter or be in such area, he shall
indicate such dangerous place by posting a "danger" sign
conspicuously at a point which persons entering such dangerous
place would be required to pass. No person, other than federal or
state mine inspectors or persons authorized by the mine operator to
enter such place for the purpose of eliminating the dangerous
condition therein, shall enter such place while such sign is so posted.
Upon completing his examination, such examiner shall report the
result of his examination to a person designated by the mine operator
to receive such reports at a designated station on the surface before
other persons enter the mine to work in such coal-producing shift.
Each such examiner shall also record the results of his examination
with ink or indelible pencil in a book kept for such purpose at a place
on the surface of the mine designated by the mine operator. No
person other than a certified person shall enter any underground area
of a mine on an idle day unless an examination of such area has been
made by a certified person within three (3) hours preceding the
beginning of the work shift.
(e) In all mines, an examination as prescribed in subsection (d)
shall be made within three (3) hours immediately before the entrance
of workers on any shift.
(f) The underground working places in all mines shall be
examined for hazards by properly certified persons designated by the
mine operator to do so, at least once during each coal-producing
shift, or more often if necessary for safety. In all mines, such
examinations shall include tests with a permissible device for
methane and oxygen deficiency. In addition, the following provisions
apply:
(1) No electric face equipment shall be brought within the last
breakthrough next to the working face until the equipment
operator has made an inspection for explosive gas using a
permissible device unless the examination is then made by some
other competent person authorized and appointed for the
purpose by the mine foreman. If any explosive gas is found in
the working place, the electric equipment shall not be taken in
until the gas is removed.
(2) While the electric equipment is operating at the face, an
examination for gas shall be made at not more than twenty (20)
minute intervals by a qualified person. If gas is found in excess
of one percent (1%), the power shall be disconnected until the
gas is removed and the place reported safe by a person qualified
in methane detection.
(g) In all mines, immediately before a roof fall is made in pillar
workings, such workings shall be examined to ascertain whether
methane is present. If in such examination methane is found in
amounts in excess of five-tenths of one percent (0.5%), a roof fall
shall not be made until such gas is removed.
(h) Idle or abandoned sections shall be inspected for gas and other
dangerous conditions by a properly certified foreman or fire-boss
immediately before other employees are permitted to enter or work
in such places. A properly certified foreman or fire-boss shall
personally supervise the correction of exceptionally dangerous
conditions. Idle or abandoned sections shall be examined at least
every seven (7) days by a properly certified person.
(i) Examinations for dangerous conditions, including tests for
methane with a permissible methane detector approved by the United
States Mine Safety and Health Administration, or by chemical
analysis shall be made at least once each week by the mine foreman
or other properly certified person designated by the mine foreman.
However, the weekly examination need not be made during any week
in which the mine is idle for the entire week. Such examinations and
tests shall be made in the return of each split where it enters the main
return, on pillar falls, at seals, in the main return, at least one (1)
entry of each intake and return airway in its entirety, idle workings,
and, insofar as conditions permit, abandoned workings. If the state
mine inspector or director determines that a hazardous condition
exists and more examinations for dangerous conditions are
necessary, the examinations must be made more often than once a
week. The person making such examinations and tests shall mark his
initials and the date at the places examined, and if dangerous
conditions are found, they shall be reported promptly. A record of
these examinations and tests shall be kept at the mine.
(j) Where there are falls of the roof near the places of abandoned
workings where what is known as a "squeeze" exists in any section
of the mine, certified officials shall make necessary inspections to
obtain advance knowledge of the presence, existence, or approach of
dangerous gases or other dangerous conditions in ample time to
furnish warning to all persons endangered by such condition. When
any such conditions are found to exist, all persons in such dangerous
section or sections shall be withdrawn from the mine until such
dangerous conditions no longer exist.
(k) The mine foreman shall read and countersign promptly the
daily reports of the fire-bosses and assistant mine foremen, and he
shall read and countersign promptly the weekly report covering the
examinations for dangerous conditions. Where such reports disclose
dangerous conditions, the mine foreman shall take prompt action to
have such conditions corrected. The mine superintendent or assistant
mine superintendent where such official is in charge at the mine,
shall also read and countersign the daily and weekly reports of the
mine officials.
(l) Each day, the mine foreman and section foreman shall enter
plainly and sign with ink or indelible pencil in a book provided for
that purpose a report of the conditions of the mine or portion thereof
under his supervision, which report shall state clearly the location
and nature of any danger observed by them or reported to them
during the day, and the report shall state what action, if any, was
taken to remedy such danger.
(m) All records of daily and weekly reports, as prescribed herein,
shall be open for inspection by interested persons.
(Formerly: Acts 1955, c.168, s.58.) As amended by Acts 1979,
P.L.231, SEC.14; P.L.231-1983, SEC.17; P.L.243-1987, SEC.8;
P.L.112-1992, SEC.10; P.L.165-1997, SEC.7.
Last modified: May 27, 2006