US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 45.

MINES AND MINING

_________

§45-1.  Oklahoma Mining Commission - Status - Appointment - Term - Membership - Meetings - Removal - Vacancies - Officers.

A.  1.  There is hereby created the Oklahoma Mining Commission.  The Commission shall be composed of nine (9) members to be appointed by the Governor with the advice and consent of the Senate.

2.  The Commission shall constitute a body corporate of the State of Oklahoma, and exercise by the Commission of the powers conferred by this act shall be deemed and shall be held to be an essential governmental function of the State of Oklahoma.

3.  Beginning January 1, 1986, one member shall be appointed for a term of one (1) year (Position One); one member shall be appointed for a term of two (2) years (Position Two); one member shall be appointed for a term of three (3) years (Position Three); one member shall be appointed for a term of four (4) years (Position Four); one member shall be appointed for a term of five (5) years (Position Five); two members shall be appointed for a term of six (6) years (Positions Six and Seven); and two members shall be appointed for a term of seven (7) years (Positions Eight and Nine).

4.  After the initial terms, appointments shall be made for seven (7) years.  All appointments made for seven-year terms commencing prior to June 1, 1995, are hereby ratified.  Each member shall be a qualified elector of this state.

5.  The membership shall consist of at least one person with a background in engineering or geology; one person with a background in labor or workers' safety; one person with a background in agriculture or soil conservation; one person with a background in transportation; one person with a background in economic development or banking; one person with a background in public utilities; one person with a background in natural resources; and two persons selected at large.  All persons appointed to the Commission must be able to meet, at the time they take the constitutional and statutory oath of office, the provisions in Section 767 of this title, 30 U.S.C. Section 1267(g) and 30 C.F.R. Section 705.

B.  The Commission shall meet at least six times annually.  A majority of the Commission shall constitute a quorum.  Commission members may be removed only for cause.

Whenever a vacancy shall occur, the Governor shall appoint a person to fill the unexpired term of the vacant office.  Each member of the Commission shall take and subscribe to the constitutional and statutory oath of office prior to the performance of any duties as a Commission member.

C.  The Commission shall reorganize annually by electing a chair, vice-chair and secretary from the membership of the Commission who shall perform, for one (1) year from the date of their election, such duties as shall be prescribed by the Commission.

D.  The chair of the Commission or the Director may call a meeting of the Commission at any time and at any place within the state.  Only in case of a tie vote shall the Director have the right to vote.  Prior to all meetings of the Commission, notice of such meetings shall be in accordance with the applicable state meeting laws.

E.  The term "State Mining Board" appearing in the Oklahoma Statutes shall mean the "Oklahoma Mining Commission".  The term "Chief Mine Inspector" appearing in the Oklahoma Statutes shall mean "Director of the Department of Mines" in the absence of an appointed Chief Mine Inspector.

Added by Laws 1929, c. 251, p. 322, art. 1, § 1.  Amended by Laws 1949, p. 291, § 1, emerg. eff. June 9, 1949; Laws 1965, c. 262, § 1, emerg. eff. June 23, 1965; Laws 1978, c. 123, § 1; Laws 1981, c. 121, § 1, emerg. eff. April 28, 1981; Laws 1981, c. 272, § 8, eff. July 1, 1981; Laws 1982, c. 296, § 1, eff. Sept. 1, 1982; Laws 1983, c. 333, § 15, emerg. eff. June 29, 1983; Laws 1985, c. 239, § 1, eff. Jan. 1, 1986; Laws 1995, c. 326, § 1, emerg. eff. June 8, 1995; Laws 1996, c. 85, § 1, emerg. eff. April 15, 1996.

§451.2.  Violation of Board order  Notice  Hearing  Misdemeanor  Injunction  Action.

A.  Whenever the Board determines there are reasonable grounds to believe there has been a violation of any order of the Board adopted pursuant to Title 45 of the Oklahoma Statutes, it shall give written notice to the alleged violator specifying the cause of the complaint.  Such notice shall require that the matters complained of be corrected within a specified time or that the alleged violator appear before the Board at a time and place specified in the notice to answer the charges.  The notice shall be delivered to the alleged violator in accordance with the provisions of subsection C of this section not less than twenty (20) days before the time set for the hearing.

B.  The Board shall afford the alleged violator an opportunity for a hearing in conformity with the Administrative Procedures Act. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon.  The Board shall give written notice of such order to the alleged violator.  The order of the Board shall become final and binding on all parties unless appealed to the district court within thirty (30) days after notice of such order has been sent to the parties.

C.  Any notice, order or other instrument issued by the Board pursuant to this section may be served either personally, by publication, or by mailing a copy by registered mail directed to the alleged violator at his lastknown address as shown by the files or records of the Board.  Proof of such service shall be filed in the office of the Board.

D.  Unless otherwise specified by law, any person who violates any of the provisions of Title 45 of the Oklahoma Statutes or who violates any order or determination of the Board promulgated pursuant to this section shall be guilty of a misdemeanor and in addition thereto may be enjoined from continuing such violation. Each day upon which such violation occurs shall constitute a separate violation.

The Attorney General, on the request of the Board, shall bring an action against any person violating any order or determination of the Board adopted pursuant to Title 45 of the Oklahoma Statutes.

Added by Laws 1982, c. 296, § 3.  

§451.3.  Hearings  Hearing officer  Judicial review.

A.  All hearings required by the Board may be conducted by the Board itself at aregular or special meeting of the Board or the Board may designate hearing officers who shall have the power and authority to conduct such hearings in the name of the Board at any time and place.

B.  Any person aggrieved by a final order or other final determination of the Board may, or the Attorney General on behalf of the state may, petition for a judicial review for rehearing, reopening or reconsideration of the matter, as provided for in Section 317 of Title 75 of the Oklahoma Statutes.

Added by Laws 1982, c. 296, § 4.  

§451.4.  Inspection of mines  Mining records.

The Chief Mine Inspector or his duly authorized representative shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the health and safety of anyone employed in a mine in this state or to carry out its duties as required by this title.

The Board may require the maintenance of records relating to mining.  Copies of such records shall be submitted to the Board on request.

Added by Laws 1982, c. 296, § 5.  

§451.5.  Rules and regulations.

The Board shall adopt within one hundred and eighty (180) days of the effective date of this act, rules and regulations governing ventilation, underground haulage, hoisting operations, explosives, and such other regulations it may deem necessary to protect the health and safety of persons employed in the mines of this state.

Added by Laws 1982, c. 296, § 6.  

§451a.  Powers and duties of Commission.

A.  The Oklahoma Mining Commission shall be the policydetermining agency for the Department of Mines and shall determine the broad plans and programs for the accomplishment of duties and responsibilities vested by law in said Commission, the Chief Mine Inspector and the Department of Mines, and may in the absence of an appointed Chief Mine Inspector, fix the duties and responsibilities of personnel employed by the Department including, in the absence of an appointed Chief Mine Inspector, the Director of the Department of Mines.  It shall have the authority to delegate to its chairman, to one or more agents or employees, such powers and duties as it may deem proper.  Each member of the Commission shall be reimbursed for actual and necessary travel expenses necessarily incurred in the discharge of official duties as provided in the State Travel Reimbursement Act.

B.  In addition to other powers and duties specified by law, the Oklahoma Mining Commission shall have the power and duty to:

1.  acquire by gift, devise, purchase or otherwise, absolutely or in trust, and to hold and, unless otherwise restricted by the terms of the gift or devise, any real property or real estate or other interest therein as may be necessary in carrying into effect the purpose of this act.

2.  enter into contracts and to execute all instruments necessary to fulfill its duties, respecting the protection, preservation, maintenance and operation of such buildings and sites as it may select.

Added by Laws 1985, c. 239, § 2, eff. Jan. 1, 1986.  Amended by Laws 1990, c. 266, § 74, operative July 1, 1990.

§451b.  Chief Mine Inspector  Director.

The chief executive officer of the Department of Mines shall be the Chief Mine Inspector.  In the absence of an appointed Chief Mine Inspector the chief executive officer shall be the Director who shall be appointed by the Oklahoma Mining Commission and who shall serve at the pleasure of said Commission and fix his or her duties and compensation.  The Director shall be chosen with regard to his or her knowledge, training, experience and ability in administering the functions of the Department.  No person shall be appointed Director who has not been a resident and a qualified elector of this state for a period of at least three (3) years preceding appointment.

Added by Laws 1985, c. 239, § 3, eff. Jan. 1, 1986.

§451c.  Powers and duties of Director.

Subject to the policies, rules and regulations of the Oklahoma Mining Commission, the Director shall:

1.  Be responsible for organizing the Department of Mines in a manner efficiently to achieve the objectives of the Commission;

2.  Prepare and submit plans for administering the programs of the Commission;

3.  Prepare a personnel schedule, employ personnel, define duties, appoint technicians and consultants, and fix salaries or compensation, upon approval by the Commission; and

4.  Administer all policies formulated and adopted by the Commission.

Added by Laws 1985, c. 239, § 4, eff. Jan. 1, 1986.  

§45-1d.  Additional powers and duties of Director.

A.  The Director of the Department of Mines with the approval of the Commission shall have and is authorized to exercise the following duties:

1.  To appoint a miner certification advisory council or other such advisory council as may be required to accomplish government functions; and

2.  To provide assistance, advice and counsel to the Commission when requested.

B.  Any advisory councils shall meet at such times and places as the members may deem most convenient for the transaction of business.  A majority of such councils shall constitute a quorum.  Each member of such councils shall be reimbursed for actual and necessary expenses incurred in the discharge of official duties with approval of the Director and the Commission as provided in the State Travel Reimbursement Act.

Added by Laws 1985, c. 239, § 5, eff. Jan. 1, 1986.  Amended by Laws 1986, c. 308, § 5, operative July 1, 1986; Laws 1998, c. 364, § 12, emerg. eff. June 8, 1998.

§451e.  Oklahoma Miner Training Institute  Establishment  Faculty and services  Director  Advisor.

A.  There is hereby established the Oklahoma Miner Training Institute.  The Oklahoma Miner Training Institute shall administer miner safety training programs and economic development programs to assist the mining industry in this state.

B.  The Oklahoma Mining Commission shall contract with the Board of Regents of Eastern Oklahoma State College in Wilburton for facilities, faculty and services necessary for the operation of the Institute including, but not limited to, the services of a Director of the Institute and for the development of appropriate curriculum and other services to be offered by the Institute.  The Regents of Eastern Oklahoma State College shall appoint a Director for the Oklahoma Miner Training Institute.

C.  The Director of the Oklahoma Miner Training Institute shall have knowledge, training, experience and ability consistent with the functions of the Oklahoma Miner Training Institute.  Further, the Director shall have been a resident and a qualified elector of this state for a period of at least three (3) years prior to his selection as Director.

D.  The Oklahoma Mining Commission shall act in an advisory capacity concerning the operations of the Oklahoma Miner Training Institute.

Added by Laws 1986, c. 308, § 9, operative July 1, 1986. Amended by Laws 1988, c. 235, § 3, operative Oct. 1, 1988.  

§451f.  Oklahoma Miner Training Institute  Duties.

The Oklahoma Miner Training Institute shall:

1.  Conduct miner safety training programs consistent with the needs of the mining industry within this state and the training requirements of the Oklahoma Mining Commission;

2.  Assist and cooperate with the Oklahoma Mining Commission by conducting examinations of students of the Oklahoma Miner Training Institute applying for certificates of competency issued by the Oklahoma Mining Commission; and

3.  Assist the Oklahoma Mining Commission in developing ways to expand existing markets and create new markets for coal and noncoal mining operations and to further the economic development of the mining industry.

Added by Laws 1986, c. 308, § 10, operative July 1, 1986. Amended by Laws 1988, c. 235, § 4, operative Oct. 1, 1988.  

§45-1g.  Department of Environmental Quality - Regulation of certain mining activities.

Any point source discharge, the disposal of any hazardous waste, as regulated by the Oklahoma Hazardous Waste Management Act, or solid waste, sewage or other wastewater, and any air emission subject to the Oklahoma Clean Air Act, from any mine or mining activity shall be regulated by the Department of Environmental Quality.

Added by Laws 1993, c. 145, § 271, eff. July 1, 1993.

§452.  Certificates of competency  Violations  Examinations  Qualification.

A.  No person shall act as a mine superintendent, mine foreman, fire boss, shotfirer, certified surface blaster, hoisting engineer or miner without first having obtained a certificate of competency from the Oklahoma Mining Commission.  No person shall employ such mine superintendent, mine foreman, fire boss, shotfirer, certified surface blaster, hoisting engineer or miner who does not hold such certificate.  Any person who violates the provisions of this subsection, upon conviction, shall be fined not more than One Thousand FiveHundred Dollars ($1,500.00) or be imprisoned in the county jail for a term not more than six (6) months, or both.

B.  The examination for a certificate of competency as mine superintendent, mine foreman, fire boss, shotfirer, certified surface blaster or hoisting engineer shall be administered by only employees or advisors of the Department of Mines who also hold equal or higher certificates of competency.  The examination shall be sufficient to determine that such applicant fully understands the requirements of the coal mining laws of this state.

Each applicant for mine superintendent, mine foreman, fire boss, certified surface blaster, hoisting engineer or shotfirer shall hold a firstaid certificate issued within one (1) year prior to the date of the examination of the Department by an organization recognized by the Oklahoma Mining Commission.

C.  The Department shall hold monthly examinations for certificates of competency as underground miners.  Applicants for such certificate may be granted a temporary permit by the Commission until an examination is held by theDepartment in the region in which the applicant resides.  Applicants must successfully answer a written or oral examination pertaining to such requirements and qualifications of underground miners as are determined necessary by the Commission.

D.  Certificates of competency shall be granted by the Oklahoma Mining Commission to persons who have given the Department satisfactory evidence of their ability to perform the duties and skills as are required for the Council. Previous experience and record of service of the applicant shall have equal weight with the examination.

E.  The minimum experience necessary for certificates of competency are as follows:

1.  Shotfirer  1 year's practical underground

experience.

2.  Certified surface blaster  1 year's practical

experience.

3.  Hoisting engineer  1 year's practical

hoisting experience.

4.  Fire boss  2 years' practical underground

experience.

5.  Mine foreman  3 years' practical underground

experience.

6.  Superintendent  5 years' practical underground

experience.

7.  Practical miner  1 year's practical experience

as a miner or the equivalent

experience as defined by the

Commission.

Provided that the underground experience requirement for mine foreman and the superintendent shall not apply to those positions in surface mining.

F.  A student who has completed an accredited twoyear or fouryear mining program shall be credited one (1) year of experience toward a fire boss, mine foreman or superintendent certification.

Amended by Laws 1982, c. 296, § 7; Laws 1985, c. 239, § 6, eff. Jan. 1, 1986; Laws 1986, c. 308, § 6, operative July 1, 1986.

§453.  Chief Mine Inspector  Assistant Mine Inpectors.

The Chief Mine Inspector shall be a citizen of the United States and shall have been a resident of the State of Oklahoma for the three (3) years prior to his appointment to office.  In addition, the Chief Mine Inspector shall have had eight (8) years' actual experience as a practical miner.  For the purposes of this section employment as an inspector for the Department of Mines shall be considered practical mining experience.  The Chief Mine Inspector shall be appointed by the Governor by and with the consent of the Senate for a term of four (4) years to run concurrently with the term of the Governor.  At any time that such office becomes vacant, the Governor shall appoint with the consent of the Senate a successor to complete the unfinished term of office.

The Deputy Chief Mine Inspector shall possess the same residency requirements necessary for the Chief Mine Inspector.  The Deputy Chief Mine Inspector shall be appointed by and shall serve at the pleasure of the Governor and shall be under the direction of the Chief Mine Inspector. The Deputy Chief Mine Inspector shall assume all of the duties and responsibilities of the Chief Mine Inspector in the absence of the Chief Mine Inspector.

The assistant mine inspectors shall be appointed by and at all times be under the direction of the Chief Mine Inspector.  The assistant mine inspectors appointed to inspect underground mining operations shall have a minimum of three (3) years' practical mining experience, and shall have obtained as a minimum a certificate of competency as a mine foreman.

Amended by Laws 1982, c. 296, § 8.  

§453.1.  Director of Department of Mines.

In the absence of an appointed Chief Mine Inspector, the Governor shall appoint a Director of the Department of Mines with the advice and consent of the Senate.

The Director of the Department of Mines shall assume the duties and responsibilities of the Chief Mine Inspector until said Chief Mine Inspector is so appointed.

Added by Laws 1985, c. 324, § 8, emerg. eff. July 29, 1985.  

§455.  Certificates  Contents  Fees.

Certifications required by this title shall be issued under the signature and seal of the Oklahoma Mining Commission. Such certificates shall bear the date of issuance, full name and age of the recipient and shall designate the position for which the recipient is certified by the Commission.  Applications for certificates of competency shall be accompanied with the following fees:

1.  Superintendent $20.00

2.  Mine foreman 15.00

3.  Fire boss 10.00

4.  Shotfirer 10.00

5.  Certified surface blaster 10.00

6.  Hoisting engineer 10.00

7.  Practical miner   5.00

Amended by Laws 1982, c. 296, § 9; Laws 1985, c. 239, § 7, eff. Jan. 1, 1986.  

§456.  Secretary  Record of issue of certificates  Effect of certificates  Notice and list of names.

The Secretary of the Oklahoma Mining Commission shall make a record of the names and addresses of all persons to whom certificates are issued.  Certificates of competency when issued as provided for herein, shall entitle the holders thereof to accept and discharge the duties for which said certificates declare them qualified.

The Director shall advise the Oklahoma Mining Commission as far in advance as possible the date and place of an examination to be held by the Department, and shall, as soon as examination is completed, furnish the Commission a list of the names of all persons who took the examination and persons successfully completing said examination shall be duly notified.

Amended by Laws 1985, c. 239, § 8, eff. Jan. 1, 1986.  

§458.  Temporary permits.

The Secretary of the Board may, upon the recommendation of at least two other members of the Board, issue a temporary permit to an applicant for a certificate for mine foreman, fire boss, shot firer or hoisting engineer.  Said temporary permit shall be valid only until next meeting of the Board or not to exceed thirtyone (31) days.

Laws 1929, c. 251, p. 324, art. 1, § 8; Laws 1949, p. 294, § 7.  

§45-9.1.  Quarrying or mining with use of explosives near schools or churches prohibited - Exceptions.

It shall be unlawful for any person, firm or corporation, individually or in association with others, to establish, open up, commence or carry on any quarrying operation for stone or stone products wherein blasting is required, or to conduct any other quarrying operations for commercial or industrial purposes requiring the use of powder, dynamite, nitroglycerin or other explosives within a minimum distance established by rule or regulation adopted by the Chief Mine Inspector from any established school, church or other house of worship.  This section shall not apply to underground mines or to any quarrying or mining plants already constructed or in actual operation before June 19, 1961.

Added by Laws 1961, p. 292, § 1.  Amended by Laws 1982, c. 181, § 1, emerg. eff. April 20, 1982.  Renumbered from § 1370 of Title 21 by Laws 1995, c. 344, § 35, eff. Nov. 1, 1995.

NOTE:  Laws 1982, c. 127, § 1 repealed by Laws 1983, c. 31, § 1, emerg. eff. April 20, 1983.

§4521.1.  Mining districts.

It shall be the duty of the Chief Mine Inspector to create mining districts for the assistant mine inspectors to carry out their duties under the law.  The boundaries of such districts shall be drawn so that the inspection of the mines insures the full compliance with laws related to the health and safety of miners and the reclamation of lands affected by surface mining.

Laws 1981, c. 121, § 2, emerg. eff. April 28, 1981.  

§4531.  Chief Mine Inspector  Annual report to Governor.

On or before the first day of August of each year, the Chief Mine Inspector shall submit to the Governor a report on the various systems of mining practiced in the state, methods of mine ventilation, type of machinery employed, and such other matters as may pertain to the general welfare of the public, miners and others connected with mining.

Amended by Laws 1982, c. 296, § 10.  

§4532.  Examinations of mines.

The Chief Mine Inspector shall, from time to time, make such examinations of any mine or mines in the state necessary for the proper enforcement of the mining laws.

Laws 1929, c. 251, p. 325, art. 3, § 2.  

§4533.  Journal of inspections  Official communications  Equipment and material.

The Chief Mine Inspector shall keep in his office a journal or record of all inspections, examinations and work done under his administration, and a copy of all official communications and he is hereby authorized to procure, at the expense of the state, such apparatus, instruments and chemicals as may be found necessary for the proper discharge of his duties under this Act.  The Legislature shall, from time to time, when necessary, appropriate such funds as may be necessary for the purchase of such equipment and material. All books, records, apparatus, instruments and chemicals pertaining to his office shall be the property of the state and shall be delivered by him to his successor in office and the same shall be exhibited to any and all interested persons at all reasonable times.

Laws 1929, c. 251, p. 325, art. 3, § 3.  

§4534.  Office  Property of state.

The Chief Mine Inspector shall have an office at the seat of government in which he shall keep the maps and plans of all mines in the state and all records, correspondence, papers, apparatus and other property belonging to the state pertaining to his office.  All such property shall be kept in accessible and convenient form, in a fire proof vault convenient to his office and furnished by the state, for reference by persons entitled to examine them.  The Chief Mine Inspector shall not permit such maps, plans, records and papers to be removed from his office.

Laws 1929, c. 251, p. 326, art. 3, § 4.  

§4537.  Withdrawal of person's from dangerous mine  Violations  Penalties.

The Chief Mine Inspector or assistant mine inspector is authorized to temporarily withdraw all persons from a dangerous mine or portion thereof.  Any owner, operator, lessee or agent who impedes, hinders, or obstructs, either directly or indirectly, the Chief Mine Inspector or assistant mine inspector from carrying out duties required by this section, upon conviction, shall be guilty of a misdemeanor and shall be fined not more than Two Thousand Five Hundred Dollars ($2,500.00) or imprisoned in the county jail for not more than thirty (30) days, or both.

Any mine employee who neglects to comply with an order of the Chief Mine Inspector or assistant mine inspector temporarily withdrawing persons from the mine, upon conviction, shall be guilty of a misdemeanor and shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than thirty (30) days, or both.

Amended by Laws 1982, c. 296, § 11.  

§4540.  Obstruction of inspectors  Penalty.

Every person who willfully obstructs the Chief Mine Inspector or district mine inspector, in the execution of his duties under this Act shall be guilty of a misdemeanor and upon conviction he shall be punished as hereinafter provided.

Laws 1929, c. 251, p. 328, art. 3, § 10.  

§4541.  Disputes between operators and miners.

In case of dispute between operators and miners on the proper interpretation of rules, regulations, and laws in relation to mines and subjects relating thereto and providing for the health and safety of persons employed therein, and the dispute is filed in formal written form with the Department of Mines, the Chief Mine Inspector shall call a meeting of the Mining Board to review the dispute.  An opinion of the proper interpretation of the disputed rule, regulation, or law, concurred in by a majority of the Mining Board, shall be binding upon the mining department to enforce, and the operators and miners must abide by the opinion unless the opinion of the Mining Board is at variance with an opinion of interpretation by the Attorney General of the intent of the rule, regulation, or law. In case the opinion of the Attorney General is at variance with the opinion of the Mining Board, then all parties must abide by the opinion of the Attorney General, except that all parties shall have recourse to courts of this state.

In case operators or miners shall file formal written charges with the Department of Mines that any law or laws in relation to mining and subjects relating thereto and providing for the health and safety of persons employed therein have been violated, the Chief Mine Inspector shall call the parties involved before the Mining Board to hear the evidence for and the defense against said charges. By majority vote the charges are valid and true.

Laws 1965, c. 262, § 4, emerg. eff. June 23, 1965.  

§4543.  Legal assistance.

The Chief Mine Inspector is hereby authorized to employ two (2) attorneys as needed, within the total employee limit authorized, on a full or parttime basis, to advise the Chief Mine Inspector and other agency personnel on legal matters and to appear for and represent the Chief Mine Inspector in administrative hearings and other legal actions and procedures.  Provided it shall continue to be the duty of the Attorney General to give his official opinion to the Chief Mine Inspector and to prosecute and defend actions therefore, if so requested.

Added by Laws 1982, c. 266, § 4, emerg. eff. May 14, 1982; Amended by Laws 1985, c. 324, § 5, emerg. eff. July 29, 1985.

§4544.  Special counsel in certain proceedings involving Attorney General.

If the Attorney General shall seek redress on behalf of the state as provided for in the Administrative Procedures Act, the Oklahoma Mining Commission is empowered to appoint a special counsel for such proceedings.

Added by Laws 1985, c. 239, § 10, eff. Jan. 1, 1986.  

§4545.  Study of mining laws  Recommendations and proposed legislation.

In addition to its other powers, the Oklahoma Mining Commission is authorized and directed, within the limits of funds available to it, to engage in a continuing study of the mining laws of this state, and of changes therein required in order to carry out to the greatest practicable extent the policies, goals, objectives and recommendations of the Commission, and to make recommendations and prepare proposed legislation for such purposes.  Such recommendations and proposed legislation shall, as they are completed, be filed with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

Added by Laws 1985, c. 239, § 11, eff. Jan. 1, 1986.  

§4546.  Market study and sulfur emissions standards study  Recommendations.

The Oklahoma Mining Commission is authorized and directed, within the limits of funds available to it, to study ways to expand existing markets and create new markets for Oklahoma coal and other minerals, to study the impact of sulfur emission standards on burning of Oklahoma mined coal, and to make recommendations to the Governor and Legislature for such purposes in a current and updated report by February 1, 1988.

Added by Laws 1985, c. 239, § 12, eff. Jan. 1, 1986. Amended by Laws 1986, c. 119, § 1; Laws 1987, c. 208, § 88, operative July 1, 1987; Laws 1987, c. 236, § 93, emerg. eff. July 20, 1987.  

§45-46.1.  Acid mine drainage.

The Department of Environmental Quality, in cooperation with the Department of Mines is authorized and directed, within the limits of federal funds available to the Department of Environmental Quality or any funds available to the Department of Mines, to study ways to remediate acid mine drainage produced from abandoned coal mines within this state, which the Legislature hereby finds to be a significant water pollution and water quality problem.  The Department of Environmental Quality and the Department of Mines shall evaluate existing projects among local, state and federal government agencies, and educational institutions, which address acid mine drainage.

Any local, state, and educational institution within this state implementing water quality projects which pertain to acid mine drainage shall coordinate and cooperate with the Department of Environmental Quality and the Department of Mines to implement the provisions of this section.  The Department of Environmental Quality and the Department of Mines shall make every effort to obtain full cooperation and coordination from any federal agency which implements any project pertaining to acid mine drainage.

Added by Laws 1998, c. 351, § 1, emerg. eff. June 5, 1998.

§4547.  Funding of activities.

Funding for the Oklahoma Mining Commission's activities shall be derived from funds appropriated to the Department of Mines for operating expenses.  Funds required for any third party studies called for by a majority vote of the Commission members shall come from contributions by the mining and related industries, public and foundations, as well as those funds made available by the Department of Mines.

Added by Laws 1985, c. 239, § 13, eff. Jan. 1, 1986.  

§45-48.  Borrow pits - Jurisdiction.

The Oklahoma Department of Mines shall have jurisdiction over only those borrow pits which are located on property permitted as commercial mining operations pursuant to Title 45 of the Oklahoma Statutes.

Added by Laws 1993, c. 232, § 2, eff. July 1, 1993.

§45221.  Not to be employed in mines.

In no event shall convicts ever be employed in any mines in this state.

Laws 1929, c. 251, p. 340, art. 16, § 1.  

§45361.  Terms defined.

When used in this title the following terms, unless otherwise defined, shall be construed to have the following meaning:

1.  "Coal" means lignite, subbituminous, cannel, bituminous, semibituminous, semianthracite, anthracite and asphaltic minerals or other hydrocarbons recovered by mining.

2.  "Mine" means a quarry, an underground or surface excavation and development with or without shafts, slopes, drifts or tunnels, for the extraction of coal or minerals, with hoisting or haulage equipment and appliances for the extraction of coal or minerals, and shall embrace any and all of the land or property of the mining plant, and the surface and underground, that contribute directly or indirectly to the mining properties, concentration or handling of coal or minerals.

3.  "Minerals" means asphalt, clay, copper, granite, gravel, gypsum, lead, marble, salt, sand, shale, stone, tripoli, volcanic ash and zinc, or any other substance commonly recognized as a mineral and includes ores or rock containing any such substances but excludes oil, gas and any other mineral found naturally in a liquid or gaseous state.

Amended by Laws 1982, c. 296, § 12.  

§45-395.  Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8, 1998.

§45406.  Establishment  Research  Supervision  Cooperation with federal agencies.

There is hereby established at McAlester, Oklahoma, a coal experiment station where there shall be carried on research in the mining of coal, more uses of coal and other matters affecting the coal industry.  Such station shall be under the supervision of the Chief Mine Inspector who is hereby authorized to employ and fix the duties and compensation of such personnel, and to incur other expenses as he deems necessary to carry on such research; and he may accept and use grants of Federal funds and other gifts for such purpose. He shall cooperate with the U.S. Bureau of Mines and other federal agencies in carrying on such research.

Laws 1957, p. 423, § 1, eff. May 31, 1957.  

§45411.  Definitions.

The words defined in this section shall have the following meaning when found in this act, towit "mines" mean mines in the State of Oklahoma wherein lead, zinc or other metals are sought or produced.  "Operator" means the person, individual or corporation charged with the responsibility of management and control of mining. "Mine Inspector" means the Chief Mining Inspector of this state and the deputy or assistant mining inspector provided by law for the district in which the mining operation is located, except where the context specifies the deputy or assistant mining inspector.

Laws 1929, c. 42, p. 45, § 1.  

§45412.  Mine inspectors  Duties.

The Mine Inspector of said mines in addition to other duties and powers herein conferred, shall be and he is hereby authorized, empowered and directed to examine carefully all places and conditions where employees work in said mines.  Where said Mine Inspector finds a condition existing in any of said mines either on the surface or underground, which makes the said mine a dangerous, unsafe or unusually unhealthful place for employees to work he shall, subject to the right of review hereinafter provided, serve notice in writing on the operator of said mine so affected, specifying in detail the things to be done to correct such condition making said mine a dangerous, unsafe or unusually unhealthful place for employees to work.  This notice shall specify the time in which such required acts shall be done by the operator of said mine.  A failure or refusal of said operator to correct the condition existing in said mine as set forth in the written notice of said Mine Inspector or as modified on review in accordance with the further provisions of this act shall be a misdemeanor and punished as hereinafter provided.

Laws 1929, c. 42, p. 46, § 2.  

§45413.  Mine inspector to require compliance with act.

It shall be the duty of the Mine Inspector of said mines to see that the provisions of this act are complied with and to require the operators of said mines to meet the requirements of this act. His demands shall at all times be in writing delivered to the operator and specifying therein the things or acts to be done.

Laws 1929, c. 42, p. 46, § 3.  

§45414.  Examination and inspection of mines  Time and manner.

It shall be the duty of the Mine Inspector from time to time to enter and examine any and all said mines in the State of Oklahoma and to inspect any and all machinery and equipment used in connection therewith, either underground or on the surface and including any mill, concentrating plant or tailing mill used in preparation of the product for market.  And the operator shall at all reasonable times, while in operation, upon request furnish necessary facilities for such entry and examination.  Such inspection shall be done at a time and in a manner so as not to obstruct or hinder the operation of said mine or mines except that in case of emergency where the life or safety of employees is in imminent peril, the Inspector shall make immediate examination and it shall in such case of emergency be the duty of the operator upon request of the Inspector to furnish the use of any installed equipment for his assistance in making said examination.  A failure of said operator to perform any duty imposed in this section shall be a misdemeanor and be punished as such as hereinafter provided.

Laws 1929, c. 42, p. 46, § 4.  

§45415.  Dangerous conditions  Additional shafts.

The Mine Inspector is hereby authorized, empowered and directed to thoroughly inspect all underground excavations in all said mines as often as the Inspector may deem proper, to ascertain the condition of said underground excavations with respect to the safety of all employees working in such underground excavation; and, if after such examination the Inspector shall find that the safety of the employees engaged in working in such excavations is imperiled by reason of there being only one shaft or outlet by which a distinct means of ingress and egress is always available to such employees, it shall be the right and duty of such Inspector to immediately notify the operator of such mine, in writing, specifying the particular underground excavations so found to be dangerous, and direct the operator to, within thirty (30) days after receiving such notice, commence to sink another shaft or provide another outlet for such underground excavation and prosecute the sinking of such shaft or the securing of another outlet with all due diligence until the same is completed. And the Mine Inspector aforesaid shall have the power if he deems it for the safety of the employees, to order the operator of said mine to withdraw all employees engaged in working in such underground excavations so found to be unsafe or dangerous, until such other shaft or outlet shall have been completed, or until further notified by such Inspector.

Laws 1929, c. 42, p. 46, § 5.  

§45416.  Health of employees  Underground excavations  Ventilation.

The Mine Inspector is hereby authorized, empowered, and directed to thoroughly inspect all underground excavations in all said mines as often as he may deem proper, from and after the passage and approval of this act, and ascertain the condition of such underground excavations, and, if after such examination, the Inspector shall find in any such mine or mines that the health of the employees is impaired by reason of there not being sufficient circulation of air or ventilation for such employees, it shall be the duty of such Inspector to immediately notify the operator of such mine or mines, in writing, specifying the underground excavations so found to be unhealthful, and direct such operator of such mine to, within fifteen (15) days after receiving such written notice, commence to drill a sufficient number of holes to such underground excavation, or to sink a shaft to connect with such underground excavation, or to make drift connection with a contiguous mine, as may furnish a sufficient ventilation for such mine or mines and to prosecute the work of correcting such defect in ventilation, with all due diligence until completed.  And the Inspector shall have the power where and when the condition as aforesaid is such as to be injurious to the health of said employees, if he deems it for the best interest of the employees engaged in working in such underground excavations, so affected by such notice, to require all work and operations in such mine or mines to cease until such defect in ventilation shall have been corrected, or until further notified by such Inspector.  During the process of shaft sinking fresh air shall be supplied from the surface.  During the process of drifting or development for ventilation, forced ventilation shall be provided and sufficient ventilation shall be supplied in all dead ends.  Where operations are carried on at a shaft not connected with any mine or shaft, ventilation shall be supplied from the surface by means of a fan through a conductor down the shaft or down one or more drill holes connected with the underground workings.

Laws 1929, c. 42, p. 47, § 6.  

§45417.  Dust  Water lines  Sprinkling attachments.

The Mine Inspector is hereby authorized, empowered and directed to thoroughly inspect all underground excavations in all such mines as often as such Inspector may deem proper, for the purpose of ascertaining or discovering in the air in any such mine or mines the presence of dust in such quantities as shall be injurious to the health of the employees engaged in working in such underground excavations; and upon finding dust in the air of any such mine or mines in quantities exceeding three hundred particles per cubic centimeter, as shall tend to injure the health of the employees of such mine, such Inspector shall immediately notify the operator of such mine or mines, in writing, specifying the underground excavation so found to contain dust particles in excessive amounts, as aforesaid in the air thereof, and such operator of such mine or mines shall within fifteen (15) days after receiving such written notice, provide, install, and equip, and thereafter at all times maintain in such mine, a water line fully equipped, and in good serviceable working order and repair, leading up to the face of any and all drifts where dust is produced, or so close to the face of said drifts so that by the use of a suitable hose extension or sprinkling attachments to be supplied by the owner or owners of said mine, the mineral or earth in and adjoining the face of the drift or drifts of such mine can be sprinkled or wet by water from said pipeline; thereupon and thereafter, every person drilling, squibbing or blasting in said mine shall keep the face, surface, and drill holes in said drifts or drift wet or moist by the use of water from said water line to such an extent in such a way as shall prevent, as far as possible, any dust raising from the working of any such face, or from the drilling, blowing, or shooting of any hole or holes; and the ground foreman in charge of the underground workings in any such mine or mines, so equipped with a water line, shall require all ground or dirt after being shot or blasted to be thoroughly wet or sprinkled to such an extent as shall prevent, as far as is practicable any dust from arising therefrom, while the employees are at work therein.

Laws 1929, c. 42, p. 48, § 7.  

§45418.  Loss of life or injury  Duty of operator and inspector.

Whenever loss of life or serious personal injury shall occur in or about any said mines, it shall be the duty of the operator having charge of such mine to report said loss of life or injury without delay to the deputy mine inspector in whose district such mine is situated; and the said inspector shall if he deem it necessary immediately go to the scene of said accident and render such assistance as he may deem necessary for the safety of the men; and the said inspector shall investigate and ascertain the cause of such loss of life or injury and make a report thereof to the Chief Mine Inspector of the State of Oklahoma, a copy of which he shall preserve with the other records of his office.

Laws 1929, c. 42, p. 48, § 8.  

§45419.  Shaft hoisting engineers  Age and experience  Duties  Loading and unloading.

All shaft hoisting engineers handling men or material must be over twentyone (21) years of age, familiar and experienced with hoisting engines of the design which he is to operate and must have been examined by a reputable physician and be able to show certificate of health from said physician, showing no physical or mental conditions or symptoms that might cause a loss of faculties so as to interfere with the safe and efficient performance of his duty at all times. It shall be the duty of the hoisting engineer to watch over all machinery, including hoisting rope or cable, in his charge and ascertain that all the equipment and conditions are in conformity with the law.  In the event of any defect in such equipment, or violation of the law concerning same, he shall immediately report same to the mine superintendent or other person in charge of the mine operation.  The hoisting engineer shall, at the beginning of his shift and at the middle of his shift, inspect his hoist equipment, particularly as to the brakes and clutch and test same by at least one complete hoisting trip before men are allowed to enter the tub or shaft conveyance.  Where a station man or tub hooker is used in any shaft, it shall be his duty to supervise the loading and unloading of men or material at the bottom of the shaft, and he shall supervise the signaling to the hoisting engineer.  The loading and unloading of men at the top of the shaft at the beginning and end of each shift shall be supervised by an employee of the operator.

Laws 1929, c. 42, p. 48, § 9.  

§45420.  Mine shafts  Signaling methods  Hoisting regulations.

At all mine shafts there shall be two effective methods of signaling between the surface and the bottom of the shaft and one of such methods shall be a telephone or speaking tube.  In hoisting or lowering men to the bottom of the shaft the hoisting engineer shall in all cases give a return signal; and calling, or rapping on metal shall not be accepted as a method of signaling.  The hoisting speed shall not exceed five hundred (500) feet per minute when hoisting or lowering men; and no man shall be hoisted above the ground level of the shaft except in case of inspection or repair.  And in no case shall more than four men be allowed to ride in a hoisting can or tub at one and the same time; and men shall not be lowered with a loose drum.  At the bottom of the shaft, and at each landing in the shaft there shall be installed adequate "skiddoo" or warning signals.  No person shall give wrong signals intentionally, or ride on the shaft conveyance without having first given the hoisting engineer the man hoist signal unless such man signal shall have been given by the station man or tub hooker.

Laws 1929, c. 42, p. 49, § 10.  

§45421.  Shaft collars  Cribbing and timbering  Pipes and air lines.

All shaft collars shall extend at least eight (8) inches above the immediate surrounding surface and be provided with a clear and stable footing and hand rail on two sides of the shaft.  A sufficiently tight fence with a gate to permit access shall inclose the shaft to prevent persons or animals from reaching the shaft collar, and such gate shall be kept closed when access to the shaft is not necessary. The collar of the shaft shall be sufficiently lighted at all times when in use.  All shafts sunk after the adoption of this act shall be cribbed or timbered continuously from the top of the shaft to the bottom of the cribbing or timbers.  All pipes, air line, and conduits running down the shaft shall be securely fastened.  All shaft pumps shall be securely covered.  When the ends of tools or material project above the top of the shaft conveyance, the ends shall be securely fastened to the cable, or placed in a receptacle. When electric or compressed air operated hoisting engines are used in sinking shaft, shooting or blasting shall be done by means of an electric battery or current.  All abandoned shafts, air shafts, drill holes, and shafts not used for an extended period of time, shall be securely plugged, cased, covered or fenced.

Laws 1929, c. 42, p. 49, § 11.  

§45422.  Code of signals.

The following code of signals is hereby prescribed when men are being lowered or hoisted, and all said mines shall use same: Two signals to lower men: Three signals to hoist men: Additional signals to meet local conditions and not in conflict with the above, may be added and used by individual operators.

Laws 1929, c. 42, p. 50, § 12.  

§45423.  Hoisting equipment.

The hoisting equipment shall be of such kind and in such condition as to as nearly assure certainty of operation and ease of control at all times, as is practicable.  If electric power be used for hoisting, the hoist shall be equipped with an auxiliary safety brake.  All hoisting derricks where swinging dump is used, constructed after the date of the passage and approval of this law, shall be so constructed that at no time during the hoisting operations shall the fastening of the cable to the hook approach nearer than thirtysix (36) inches to the sheive.  All hoisting sheives installed after the date of the passage and approval of this law, shall be equipped with a shaft the diameter of which shall be to the conveyance load hoisted not less than one (1) inch to each six hundred (600) pounds per conveyance load.  Nonspin wire rope shall be used for hoisting men and material, with a safety factor of six required on new rope based on manufacturer's tables and maximum dead load.  Said hoisting rope to be discarded for hoisting purposes when there are six broken wires in one rope lay, or when the wires on the crown are worn sixtyfive percent (65%) of the original diameter.  All hoisting hooks shall be of some safety type, and if standard snap hook is used it shall be made of not less than one and onehalf (1 1/2) inch Highgrade iron, and the hook shall be attached to the hoisting cable with thimble and three or more standard clamps, such clamps to be at least eight (8) inches apart.

Laws 1929, c. 42, p. 50, § 13.  

§45424.  Explosives  Storage, transportation, handling and use.

At all said mines in this state, all explosives shall be stored in a magazine placed far enough away from hoisting derricks to insure their remaining intact to case of explosion.  All explosives in excess of the amount required for the work of one shift shall be kept in such magazine.  Powder other than the shifts requirements shall not be stored in underground workings; provided, however, where such mines are located in densely populated areas, and then only with the permission of the deputy mine inspector, explosives may be stored underground in a suitable place selected by the said inspector, but in no event shall more than three (3) days normal requirements at the particular mine be so stored underground.  No explosives shall be transported on or in any electric or gasoline locomotive, or in the car next to these locomotives.  Detonators or caps shall not be stored or transported with other explosives. Mechanical loading devices, first found to be safe for the miners who work in said mine by the assistant mine inspector, and such finding is approved by the Chief Mine Inspector, or woodloading sticks or tamping bars protected with copper ferrules and copper spike must be used when loading holes.  All blasting caps shall be crimped onto fuse by regulation crimper.  Powder delivered to top of shaft shall be lowered into ground immediately.  Explosives must not be taken from any mine without the consent of the foreman in charge. Open lights must not be used in powder magazines or detonator magazines. Explosives stored in ground must be so stored as not to cut off passage of men to shaft in case of explosion occurring.  No employee shall return to a drift, heading, shaft, or tunnel, or other place where a shot has failed to explode until a period of at least thirty (30) minutes has elapsed after firing; all failed shots to be promptly reported to foreman by employees.  No employees other than those employed in shaft sinking shall ride any can, bucket or hoisting apparatus carrying explosives.  No shooting or blasting shall be done from the time the man shift goes on until the man shift goes off, except in extreme case for the protection of life.

Laws 1929, c. 42, p. 50, § 14; Laws 1957, p. 424, § 1.  

§45425.  Sanitary drinking devices.

Every operator of said mines in this state, employing ten or more men, shall provide sanitary drinking devices for the use of their employees.

Laws 1929, c. 42, p. 51, § 15.  

§45426.  Closets or toilets.

It shall be the duty of every operator of said mines in this state, employing ten or more men, to provide dry closets or toilets on all mine working levels for the use of all men employed in the mine.  At least one such closet or toilet shall be provided for every twentyfive (25) men so employed.  Ready means of access to each such toilet shall be provided.  No such closets or toilets shall be constructed without adequate provisions for effectual cleansing of the contents thereof; and they shall be kept in a sanitary condition and the contents shall be removed, to the surface, and disposed of at least once each week. The mine foreman shall cause each of such closets or toilets to be supplied with some disinfectant or deodorizer to be sprinkled on the contents.  It shall be the duty of all men employed within any mine where such closets are provided to use them exclusively when in the mine; provided, however, that this section shall not apply to any mine where the operator requires or permits men to go to the surface for such purpose.

Laws 1929, c. 42, p. 51, § 16; Laws 1933, c. 34, p. 73, § 1.  

§45427.  Dressing room  Washing conveniences.

It shall be the duty of every operator of any said mines in the State of Oklahoma, to provide and maintain a room or building of sufficient size and dimensions, and properly equipped, for the use of employees of said mines, as a dressing room and for the purpose of changing, keeping and storing their clothes and dinner pails. Sufficient washing conveniences shall be provided in said room or building for the use of said employees, and sufficient benches or seats shall be provided for the use of employees in said room or building; and said room or building shall be properly heated and shall be kept in a clean and sanitary condition.

Laws 1929, c. 42, p. 51, § 17.  

§45428.  Livestock  Stables  Refuse and waste.

Where livestock is kept underground the construction of the stable shall, as far as practicable, be free from all combustible material. No hay or straw shall be taken into the mine unless same be compressed into compact bales.  The stable must be so placed that the air ventilating the same is returned immediately to the main outlet air course, and not allowed to go further into the mine where the men are working.  All refuse and waste shall be removed from the stable in the mine and shall not be allowed to accumulate.  Stables constructed underground after the passage of this section shall be located not nearer than fifty (50) feet to any opening to the mine used as a means of ingress or egress by employees.

Laws 1929, c. 42, p. 52, § 18.  

§45429.  Noon day meal  Hoisting apparatus.

All operators of said mines in this state, the work of which is located below the surface of the ground, entrance to which is had by any shaft, cut, or tunnel, shall allow the laborers and miners to come to the surface of the ground for the purpose of eating their noonday meal, or any other meal for which under the rules of any mine a time is designated and set apart; and such operator is hereby required to run his hoisting apparatus to the surface of the ground for the purpose of carrying any such miner or laborer, who may be going to or retuning from any such aforementioned meal, free of cost to any such miner or laborer.

Laws 1929, c. 42, p. 52, § 19.  

§45430.  Map or plan of mine.

The operator of said mines in this state shall make or cause to be made, at the discretion of the Mine Inspector of the District in which said mine is located, an accurate map or plan of the workings of such mine and deposit a true copy of said map or plan with the Mine Inspector of the District wherein may be located the said mine; which said map or plan shall be so filed or deposited within three (3) months after the time when this act shall take effect, and a copy of such map or plan shall be also kept for inspection at the office of said mine; and during the month of January of each year, or as soon thereafter as practicable, the said operator shall furnish the District Mine Inspector with a further map or plan of the progress of the workings of such mine, continued from the last report to the end of the month of December next preceding; and when any mine is worked out or abandoned that fact shall be reported to the Inspector and the map or plan of such mine shall be furnished the Mine Inspector.

Laws 1929, c. 42, p. 52, § 20; Laws 1975, c. 90, § 1.  

§45431.  Traveling way  Cans or tubs  Hoisting.

The bottom of every shaft of each of said mines shall be supplied with a traveling way to enable men to pass from one side of the shaft to the other, and without passing through or directly under the shaft opening.  No cans or tubs shall be hoisted where the rock or ore projects nearer than three (3) inches of the top of said can or tub when leaving the bottom of said shaft.

Laws 1929, c. 42, p. 52, § 21; Laws 1933, c. 33, p. 72, § 1.  

§45433.  Eighthour day  Emergencies.

No operator of said mines shall permit or require their employees to work at such labor or industry under ground longer than eight (8) hours in a day of twentyfour (24) hours; and it is hereby declared that eight (8) hours shall constitute a day for all laborers or employees engaged in underground labor in said mines, however, in case of emergency, this section shall not be construed so as to prohibit the employer from requiring employees to continue working beyond the end of the shift for such length of time as the emergency may reasonably require; provided that within five (5) days thereafter the operator shall in writing notify the deputy mine inspector of such event.

Laws 1929, c. 42, p. 53, § 23.  

§45434.  Orders of Mining Inspector  Review.

Any order made by the Mining Inspector under the provisions of this or any other act pertaining to or affecting any mine or mines or the operation thereof, wherein the issuance thereof is within the discretion of the Mining Inspector and the doing or omitting of the specific act required in said order is not by the provisions of law made mandatory upon the operator of said mine or mines, may, upon application by the operator of said mine or mines so affected, or any other interested person, to the district court in the judicial district in which the mine or mines affected may be located, be reviewed, modified, affirmed, or canceled by said court or the judge thereof in vacation upon a hearing being had thereon.

Said applicant for a review of said order shall file with the clerk of said court a petition against said Inspector issuing said order setting forth in concise language the order complained of and the objections thereto.  Upon the filing of said petition the clerk of said court shall issue summons against said Mining Inspector as in other civil actions except that same may be lawfully served and jurisdiction obtained by service in any county of this state where said mining inspector may be found.  Jurisdiction of the person when so served and subject matter is hereby conferred on said court.

Upon the district court acquiring jurisdiction, as aforesaid, said court or the judge thereof in vacation shall proceed as in other civil cases to hear and determine the controversy presented by the order complained of, the objections set forth in the petition and any answer filed thereto by said Mining Inspector.  The burden shall be on the applicant to show the order unreasonable or unnecessary. Upon a hearing thereof, the said court or the judge thereof from the evidence introduced shall enter a judgment affirming, modifying or canceling said order as the reasonableness of or necessity therefor may appear.  Said district court or the judge thereof, in vacation, may at the time of filing said petition or subsequent thereto suspend the operation of said order complained of pending final determination upon a showing of reasonable necessity therefor and on such terms as said court or judge may impose.  Either party may appeal from the final judgment of said court or judge to the Supreme Court of this state as in other civil cases.

Laws 1929, c. 42, p. 53, § 24.  

§45435.  Neglect or failure to perform requirements  Penalty.

The neglect, failure or refusal to perform or comply with the authorized requirement of said Mining Inspector, acting under the provisions of this act, by any firm, association, corporation, person or parties required to perform them, shall be a misdemeanor, and where the duty so neglected, failed or refused to be performed is required of a corporation, then its officer or agent in charge of the mine, shall be guilty, as hereinbefore provided for in this section, and shall upon conviction thereof be punished by a fine of not exceeding Five Hundred Dollars ($500.00) provided, that as to duties imposed by the Mining Inspector taken before the said district court for review, this section shall not apply except as to, from and after the order finally promulgated by order of said district court and provided further this section shall not apply to an operator who has ceased mining operations and the working of men except such as are necessary to dewater and preserve the mine involved.

Laws 1929, c. 42, p. 54, § 25.  

§45436.  Open mine shafts  Covering  Approval  Penalties.

Any person, firm or corporation, who knowingly maintains, uses or abandons an open vertical mine shaft wherein lead, zinc or other metals have been sought or produced, without covering suitably, or surrounding such installations with protective fencing, or plugging and filling, the particular method used to be approved by the Chief Mine Inspector's Department, shall be deemed negligent as a matter of law and shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned for not more than one (1) year, or both such fine and imprisonment.

Laws 1955, p. 188, § 1.  

§45437.  Interference with protective covering devices  Penalties.

Any person, firm or corporation found guilty of destroying, removing, or damaging or otherwise interfering with the fencing, or other protective devices approved by the Chief Mine Inspector, as provided in Section 1 hereof, shall be fined not less than Twentyfive Dollars ($25.00) or more than Five Hundred Dollars ($500.00).

Laws 1955, p. 188, § 2.  

§45441.  Use of engines equipped for detoxification permitted  Approval of use  Inspections  Suspension or discontinuance of use.

The use of diesel engines equipped for detoxification in accordance with rules and regulations promulgated by the U.S. Bureau of mines may be used in lead, zinc, and other metal mines in this state. Provided, the use of such engine or engines in any such mine is first found to be safe for the miners who work in said mine, by the assistant mine inspector, and such finding is approved by the Chief Mine Inspector and provided further, that the diesel engine or engines and the safety equipment thereon to be used in any such mine shall also have been approved for use in such mine, by the assistant mine inspector, and such finding is approved by the Chief Mine Inspector.  The assistant mine inspector and the Chief Mine Inspector, in issuing any such approval, shall follow the rules and regulations and recommendations of the U.S. Bureau of mines.  The assistant mine inspector shall make periodical inspections to determine whether such engines in such mines are emitting fumes which make it unsafe for such engines to be used.  The assistant mine inspector or the Chief Mine Inspector shall have the authority to order that conditions be remedied, and to suspend the use of such engines in any mine, or to order the discontinuance altogether of such engines in any such mine.  Such orders shall be enforced as other orders of such officers are enforced.

Laws 1947, p. 302, § 1.  

§45442.  Use of engines not meeting standards prohibited.

It shall be unlawful to use or to order or permit the use of any diesel engine in any lead, zinc or other metal mine in this state at any time which is not equipped with detoxification equipment and other safety devices meeting the standards set forth in the rules and recommendations promulgated by the U.S. Bureau of Mines, or when such detoxification equipment and other safety devices on the engine is defective, or not in perfect working order.

Laws 1947, p. 303, § 2.  

§45461.  Necessity of certificate of competency.

It shall be unlawful for any person in this state to act as mine manager, superintendent, pit boss, hoisting engineer, or fire boss without first having obtained a certificate of competency from the State Mining Board hereinbefore provided for.  A violation of the provisions of this act shall be deemed a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00), nor more than Two Hundred Dollars ($200.00), or by imprisonment in the county jail not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment; provided, however, that the provisions of this act shall not apply to lead, zinc, jack, gold, silver or copper mines, and shall not apply to the employees of such mines.

R.L.1910, § 3939; Laws 1913, c. 90, p. 146, § 1.  

§45462.  Granting of certificates.

Before the State Mining Board shall grant a certificate of competency for any of the positions mentioned in the preceding section, they shall require satisfactory evidence, by oral examination, or otherwise, of the fitness of the applicants to fill such positions.

R.L.1910, § 3940.  

§45463.  Certificate from other states.

The Board may exercise its discretion in issuing certificates (but not without examination) to persons presenting proper credentials or certificates issued by competent authority in other states.

R.L.1910, § 3941.  

§45464.  Contents of certificates.

Certificates of competency shall be issued under the signature and seal of the State Mining Board, to applicants who receive a rating above the minimum fixed by the rules of the Board.  Such certificates shall contain the full name, age, and place of birth of the recipient, and the length of time and nature of his previous service in or about coal mines.

R.L.1910, § 3942.  

§45465.  Fees for issuing certificates.

Any person making application to the State Mining Board for a certificate of competency as mine manager or superintendent, shall accompany said application with a fee of Two Dollars and fifty cents ($2.50), as a fee for examination, and shall be required to pay an additional fee of Two Dollars and fifty cents ($2.50) when said certificate is issued; and any person making application to said Board for a certificate of competency as pit boss or hoisting engineer, shall accompany said application with a fee of Two Dollars ($2.00) for such examination, and shall be required to pay an additional fee of Two Dollars ($2.00) when the said certificate is issued; all persons making applications to the State Mining Board for certificates of competency as fire boss as provided in this act, shall accompany said application with a fee of One Dollar ($1.00) as a fee for such examination, and shall be required to pay One Dollar ($1.00) when said certificate is issued.

R.L.1910, § 3943.  

§45466.  Record of issuance of certificates.

The Board shall make and preserve a record of the names and the addresses of all persons to whom certificates are issued.

R.L.1910, § 3944.  

§45467.  Effect of certificates.

A certificate of competency shall entitle the holder thereof to accept and discharge the duties for which he is thereby declared qualified at any mine where their services may be desired.

R.L.1910, § 3945.  

§45468.  Power to revoke certificates.

The Board shall have power to revoke any certificate, for incompetency, intoxication or other sufficient cause: Provided, that any person against whom charges are made shall have ten (10) days' written notice from the Board, and shall have opportunity to be heard in his own behalf.

R.L.1910, § 3946.  

§45476.  Inspectors may arrest whom.

The Chief Mine Inspector and each of his assistants are hereby empowered to act as police officers, with full power to arrest and detain any person found violating any provisions of the law relative to mining, or engaged in any attempt to violate any such law or part thereof, or against whom there is found any evidence of a previous violation of such law:  Provided, however, that no such person shall be detained for any period of time longer than twentyfour (24) hours without warrant or the filing of a charge against him in a court of competent jurisdiction.

R.L.1910, § 3952.  

§45477.  May stop mining, when.

Such inspector, and each of his assistants, shall also have power to immediately stop the operation of any mine or part thereof where any dangerous or unlawful conditions are found:  Provided, however, that where conditions exist justifying him to do so, he may grant a reasonable length of time for making repairs:  And provided, further, that where any stops are enforced, such inspector and each of his assistants shall have the power subsequently to allow such mine or part of mine to be reopened when the dangerous or unlawful conditions have been remedied, or removed, so that they no longer exist.

R.L.1910, § 3953.  

§45478.  Penalty for obstruction.

Every person who willfully obstructs the Chief Inspector or his assistant inspectors in the execution of his or their duties, and every owner, agent, lessee or manager of a mine who refuses or neglects to furnish to the Cheif Mine Inspector or his assistants, the means necessary for making entry, inspection, examination or inquiry, as herein provided in relation to such mine shall be guilty of a misdemeanor, and upon conviction, he shall be punished as hereinafter provided.

R.L.1910, § 3954.  

§45501.  Maps of mines.

The owner, agent, lessee or operator of every coal or other mine, shall make, or cause to be made by a competent mining engineer or surveyor, an accurate map or plan, of such mine, no smaller than on a scale of two hundred (200) feet to an inch, which map shall show as follows:

(a) All measurements of said mines in feet or decimal parts thereof.

(b) All openings, excavations, shafts, tunnels, slopes, planes, main entries, rooms, and other parts, in proper numerical order in each opening or stratum of coal in said mine.

(c) The directions of the air currents, when practicable, by darts, or arrows, marked thereon.

(d) An accurate delineation of the boundary lines between said mine and all adjoining mines or coal lands where owned or operated by the same operator or other operators, and the relation and proximity of the workings of said mine to any other adjoining mine or coal land.

(e) The bearings and lengths of each tunnel, or entry, or the boundary of property lines.

The said map or plans, or a true copy thereof, shall be kept in the general mine office by the said operator or superintendent for the use only of the mine officials and mine inspectors, and for the inspection of all persons working in said mines whenever said person or persons shall have cause to fear that any working place is becoming dangerous by reason of its proximity to other workings that may contain water or dangerous gas.

R.L.1910, § 3955.  

§45502.  Maps to be corrected every six months.

At least every six (6) months, or oftener if necessary, the operator, owner, lessee, or agent of each mine shall cause to be shown accurately on the map or plan of said mine, all the excavations made therein during the time elapsing since such excavations were last shown upon said map or plan, and all parts of said mine, which were worked out or abandoned during said elapsed period of time, shall be clearly indicated by colorings on said map or plan, and whenever any of the workings or excavations of said mine have been driven to their boundary, a correct measurement of all such workings or excavation shall be made promptly and recorded in a survey book, prior to the removal of the pillars or any part of the same from such workings or excavations.

R.L.1910, § 3956.  

§45503.  Mine inspectors to be furnished copies of maps.

The operator or superintendent of every mine shall furnish the mine inspectors of the district in which said mine is located with a correct copy, on tracing muslin or sunprint, of the map or plan of said mine hereinbefore provided for, and the inspector of the district shall at the end of each year, or twice a year, if he requires it, return said map or plan to the proper person at any particular mine, whose duty it shall be to place or cause to be placed, on said map or plan all extensions and worked out or abandoned parts of the mine during the preceding six (6) or twelve (12) months, as the case may be, and forward the same to the district mine inspector within thirty (30) days from the time of receiving it.  When any mine is worked out or abandoned, the operator or superintendent shall furnish the mine inspector, within thirty (30) days, with a correct plan of said mine on tracing muslin or cloth, which plan shall clearly show all the worked out or abandoned territory, together with all property and boundary lines, elevations, and other things required by this article.  The copies of the maps or plans of the several coal and other mines in each district, as hereinbefore required to be furnished to the mine inspector, shall remain in the care of the inspector of the district in which the said mines are situated, as strictly official records, to be transferred by him to his successor in office.

R.L.1910, § 3957.  

§45504.  Penalty for failure to furnish map copies.

If any superintendent or operator of mines shall neglect or fail to furnish to the mine inspector any copy of maps or plans as hereinbefore required by this Act, or, if the mine inspector shall believe that any map or plan of any coal or other mine made or furnished in pursuance of the provisions of this act, is materially inaccurate or imperfect, then in either case, the mine inspector is hereby authorized to cause a correct survey and map or plan of said mine to be made at the expense of the operator thereof, the cost of which shall be recoverable from said operator as other debts are recoverable by law:  Provided, that when the inspector shall cause a new survey and map or plan of any such mine, and it is found that the map or plan furnished by the operator was substantially correct, then the cost of the survey, map or plan, caused to be made by the inspector, shall be paid by the state.

R.L.1910, § 3958.  

§45505.  Conduct of developments.

In the preparation of maps of the territory being, or to be, developed in mining operations, it shall be the duty of the operator, where practicable, to furnish the district inspector prospective plans suitable to the coal seam and adjacent strata, for the safe economic extraction of coal or other mineral.  It shall be the duty of the operator to see that the developments are systematically conducted to preserve the health, safety and welfare of the employees and to prevent the unnecessary leaving of coal or other mineral in the ground.

R.L.1910, § 3959.  

§45506.  Ventilation  Construction of air and hoisting shafts.

It shall be unlawful for the operator or superintendent, mine foreman or other person, to employ more than ten persons in any coal or other mine, or permit more than ten persons to be employed therein at any one time unless they are in communication with at least two available openings to the surface from each seam or stratum of coal or other mineral worked in such mine:  Provided, that in any mine operated by shaft or slope and ventilated by a fan placed at the second opening, and said second opening is a slope or shaft, it may be used as an airway and for a traveling way into and from the mine, and if the said second opening is a shaft through which the employees travel into and from the mine, by reason of a stairway, or are regularly lowered into and hoisted from the mine by the use of machinery and such shaft is divided by suitable material into two compartments while developing or opening the mine up, to the ten men as hereinbefore, one of them may be used for an airway and the other for the purpose of ingress and egress into and from said mine; and further provided, that any fan shaft hereafter divided into compartments for the purpose of ventilation, and ingress and egress into and from the mines or any divided partition now in use that may hereafter be replaced, wholly or in part, shall be constructed of noncombustible material.  And there shall be cut around the bottom of all hoisting shafts, or driven through the solid strata a traveling way not less than five (5) feet high and three (3) feet wide, to enable persons to pass from one side of the shaft to the other without passing over or under the cage or other apparatus, and there shall be cut around all other shafts a traveling way to save the necessity of passing under the shaft.

R.L.1910, § 3961.  

§45507.  Openings to be separated by natural strata.

In all shaft mines the openings to the surface hereinbefore provided for shall be separated from each other by natural strata at all points by a distance of not less than one hundred fifty (150) feet, and at all mines worked by slope openings, the distance separating openings shall not be less than fifty (50) feet of natural strata: Provided, that in any mine opened heretofore the distance between said openings may be less, if the mine inspector of the district shall deem it impracticable to comply with the foregoing requirements.  Where the two openings shall not have been provided as hereinbefore required, the mine inspector shall cause the second opening to be made in every mine without delay and in no case shall furnace ventilation be used where there is only one opening into the mine.

R.L.1910, § 3962.  

§45508.  Shaft not more than seventyfive feet deep.

When the opening or outlet other than the main opening is a shaft and does not exceed seventyfive (75) feet in vertical depth, and is used by the employees for the purpose of ingress and egress from the mine, it shall be kept in a safe and available condition and free from steam and dangerous gases and all other obstructions, and shall be fitted with safe and convenient stairs, with steps of an average tread of ten (10) inches, and ten (10) inches raise, not less than two (2) feet wide and not to exceed an angle of fortyfive (45]lsco]lsc) degrees descent, with landings ofnot less than eighteen (18) inches wide and four (4) feet long, at easy and convenient distances, and water coming from the surface or out of the strata in the shaft shall be conducted away by rings, cases or otherwise, and be prevented from falling upon persons who are ascending or descending the stairway of the shaft.

R.L.1910, § 3963.  

§45509.  Hoisting machinery in shaft over seventyfive feet deep.

When any mine is operated by a shaft which exceeds seventyfive (75) feet in vertical depth, the persons employed in said mine shall be lowered into and raised from said mine by means of machinery, and where the employees are lowered into and hoisted from the mines at the main shaft opening, the other shaft shall be supplied with safe and suitable machinery for hoisting and lowering persons, or with safe and convenient stairs for use in cases of emergency by persons employed in said mine:  Provided, that any mine operated by two shafts, and where safe and suitable machinery is provided at both shafts for hoisting coal or other mineral, or persons, as herein provided for, shall have sufficiently complied with the requirements of this section.

R.L.1910, § 3964.  

§45510.  Angle of traveled slope.

At any mine where one of the two openings as required herein, is a slope and is used as a traveling way, it shall not have a greater angle of descent than twenty degrees (20o) and may be of any depth.

R.L.1910, § 3965.  

§45511.  Inspection of hoisting equipment and stairs.

The ropes, chains, machinery and all of its connections used for lowering or raising the employees into or out of the mines, and the stairs used for ingress and egress shall be kept in a safe condition, and inspected once every twentyfour (24) hours by a competent person provided by the mine operator for that purpose, who shall make a daily record of such inspection in a book provided for that purpose, and such machinery and the method of its inspection shall be approved by the mine inspector of the district in which the mine is situated.

R.L. 1910 Sec. 3966.

§45512.  Safety equipment for shafts.

The operator or superintendent shall provide and maintain from the top to bottom of every shaft, where persons are raised or lowered, a metal tube suitably adapted to the free passage of sound through which conversation may be held between persons at the top and bottom of said shaft, and also a means of signaling from the top to the bottom thereof, and shall provide every cage or gear carriage used for the hoisting or lowering of persons with a sufficient overhead covering to protect those persons when using the same and shall provide also for each said cage or carriage a safety catch approved by the mine inspector, and the said operator or superintendent shall see that flanges with clearance of not less than four (4) inches when the whole of the rope is wound around the drum, are attached to the sides of the drum of every machine that is used for lowering persons into or hoisting them out of the mines, and also, that adjacent brakes are attached to the drums:  Provided, that the rope shall be left around the drum at least two and onehalf (2 1/2) times when the cage is at the bottom.  At all shafts, safety gates to be approved by the mine inspector of the district, shall be so placed as to prevent persons from falling into the shaft.

R.L.1910, § 3967.  

§45513.  Quality and testing of chains.

The main coupling chain, attached to the socket of the wire rope, shall be made of the best quality of iron and shall be tested by weights, or otherwise, to the satisfaction of the mine inspector of the district where the mine is located, and the bridle chains shall be attached to the main hoisting rope above the socket from the top cross piece of the carriage or cage so that no single chain shall be used for lowering persons into or hoisting them out of the mine.

R.L.1910, § 3968.  

§45514.  Number of persons lowered or hoisted at one time.

No greater number of persons shall be lowered or hoisted at any one time than may be permitted by the mine inspector of the district, and notice of the number so allowed to be lowered or hoisted at any one time shall be kept posted up by the operator or superintendent in conspicuous places at the top and bottom of the shaft, and the aforesaid notice shall be signed by the mine inspector of the district.

R.L.1910, § 3969.  

§45515.  Inspection  Guard railings.

The ropes, chains, machinery and all of its connections used at the operating shaft and slope mines, where the employees are lowered into or hoisted from the mine, and the same used on all gravity and inclined planes, shall be inspected and a record made of said inspection in the same manner as provided for in Section 3966.  At all mines all machinery from which any accident might occur shall be properly fenced off by suitable guard railings.

R.L.1910, § 3970.  

§45516.  Ventilation.

The operator of every coal or other mine, whether shaft, slope or drift shall provide and hereafter maintain ample means of ventilation affording not less than one hundred fifty (150) cubic feet of air per minute, for each and every person employed therein, and seven hundred fifty (750) cubic feet of air per minute for every animal employed therein; but, in a mine where fire damp has been detected, the minimum shall be two hundred (200) cubic feet per minute for each person employed therein, and as much more in either case as one or more of the mine inspectors may deem requisite, and the ventilation shall be conducted through the main cross entries and all other working places, so as to dilute and render harmless and expel therefrom the noxious and poisonous gases, and all working places shall be kept clear of standing gases.

R.L.1910, § 3971.  

§45517.  Number working in same air current  Fans and furnaces  Stoppings between intake and return airways.

Not more than fortyfive persons shall be permitted to work in the same air current and mines where ten or more persons are employed shall be provided with a fan or other artificial means to produce the ventilation, but no furnace shall be used where mines generate gases in dangerous guantities, and all stoppings between main intake and return airways hereafter built or replaced shall be substantially built of suitable masonry, or concrete which shall be approved by the inspector of the district.

R.L.1910, § 3972.  

§45518.  Ventilating fans and doors.

All ventilating fans shall be kept in operation night and day unless operations are indefinitely suspended, except written permission is given by the mine inspector of the district to stop the same, and the said written permission shall state the particular hours the said fan may not be in operation, and the mine inspector shall have the power to withdraw or modify such permission as he may deem best, but in all cases the fan shall be started three (3) hours before the time for work to begin, and such written permission to stop the fan shall not apply to fans in use at mines wherein explosive gas is generated. When the fans may be stopped by the permission of the mine inspector, a notice printed in the various languages used by persons employed in the mine, stating at what hours the fan will be stopped and the time it will again be set in motion, shall be posted by the mine foreman in a conspicuous place at the entrance or entrances to the mine: Provided, that should it at any time become necessary to stop the fan on account of accident or needed repairs to any part of the machinery connected therewith, or by reason of any other unavoidable cause, it shall then be the duty of the mine foreman, or any other official in charge, after first having provided for the safety of the persons employed in the mine, to order said fan to be stopped so as to make the necessary repairs or to remove any other difficulty that may have been the cause of its stoppage, and all ventilating furnaces in mines shall be started three (3) hours before the appointed time to begin work and during working hours be properly attended by a person employed for that purpose; in mines generating fire damp in sufficient quantities to be detected by the ordinary safety lamps, all main breakthroughs between slopes and aircourses, airbridges or overcasts shall be built of masonry or other noncombustible material of ample strength, or be driven through the solid strata. In all mines the doors used for guiding and directing the ventilation of the mine shall be so hung and adjusted that they will close themselves, or be supplied with springs or pulleys so that they cannot be left standing open, and an attendant shall be employed at all doors, through which cars are hauled, for the purpose of opening and closing said doors when trips of cars are passing to and from the workings, unless approved selfacting doors are used which doors shall be determined by the mine inspector and mine foreman.  A hole for shelter shall be provided at each door, so as to protect said attendant from being run over by the cars while attending to his duties; and persons employed for this purpose shall at all times remain at their post of duty during working hours:  Provided, that the same person may attend two doors where the distance between them is not more than one hundred (100) feet.  At all principal doors and every inclined plane or roadway in any mine where haulage is done by machinery, and where a door is used, an extra door shall be provided to be used in case of necessity.

R.L.1910, § 3973.  

§45519.  Mines to be kept free from gas.

All mines generating fire damp shall be kept free of standing gas in all working places and roadways.  No accumulation of explosive gas shall be allowed to exist in the workedout or abandoned parts of any mine.  It shall be removed as soon as possible after its discovery, and no miners or other persons who are not employed in the removal of the dangerous accumulation, shall be allowed to remain in any mine, or part of mine, during the time that a dangerous accumulation of explosive gas is being removed from any part of the mine, and the entrance or entrances to be worked out and abandoned places shall be properly fenced off and cautionary notices shall be posted upon said fencing to warn persons of danger.

R.L.1910, § 3974.  

§45520.  Inspection for gas.

In all mines wherein explosive gas is generated, and also in all mines where the fire damp has generated, in sufficient quantities to be detected by the ordinary safety lamp, every working place without exception, and all roadways shall be carefully examined immediately before each shift by a competent person, who shall be known as the fireboss, appointed by the superintendent and mine foreman for that purpose.  The person or persons making such examination shall use no light other than that enclosed in a safety lamp while making such examination.  In all cases, said examination shall be begun within the shortest possible period of time necessary to complete such inspection before the regular time appointed to commence work, but in no case shall said examination be begun more than three (3) hours prior to the appointed time of each shift in commencing work, and it shall be the duty of the said fire boss to examine for all dangers likely to be found, and after each examination to leave at the face and sides of every place so examined, evidence of his presence, and he shall at each examination, inspect the entrance, or entrances, to the worked out or abandoned parts, which are adjacent to the roadways and working places of the mines where fire damp is likely to accumulate, and in every working place and all other places where explosive gas is discovered, also where immediate danger is found to exist from other causes he shall place a danger signal across the entrance to such places, which shall be a sufficient warning for all persons not to enter said place.

R.L.1910, § 3975.  

§45521.  Danger signals.

The fire boss shall at each entrance to the mine, or to the main intake airway, near to the mine entrance, prepare a permanent station with the proper danger signals designated as follows:

X(DATE OF MONTH)X

and it shall not be lawful for any person or persons, except the mine officials in cases of necessity, and such other persons as may be designated by them, to pass beyond said danger station, until the mine has been examined by the fire boss as aforesaid, and the same, or certain parts thereof, reported by him to be safe; and in all mines where operations are temporarily or indefinitely suspended, the superintendent and mine foreman shall see that a danger signal be placed at the mine entrance, or entrances, which shall be a sufficient warning to persons not to enter the mine, and if ordinary circulation of air through the mine be stopped, each entrance to said mine shall be securely fenced off and a danger signal shall be displayed upon said fence, and any workman or other person (except those persons hereinbefore provided for) passing beyond any danger signal into the mine before it has been examined and reported to be safe as aforesaid, also any person passing beyond any danger signal placed at the entrance to a working place, or any other place, in the mine without permission of the mine foreman, his assistant or his fire boss, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or imprisonment in the county jail not to exceed thirty (30) days, or both such fine and imprisonment; and it shall be the duty of the fire boss, mine foreman, or superintendent to forthwith prosecute such person, or persons, before the proper legal authority, or to notify the mine inspector, who shall enter proceedings against such person.

R.L.1910, § 3976.  

§45522.  Electric wires to be insulated.

In all mines where electricity is, used as a part of the system, power or means of mining and procuring the coal or other mineral therefrom, the owners, or operators thereof shall cause all wires conducting electricity in and about said mines, to be carefully and thoroughly insulated or protected in a safe manner, so that the persons or animals coming in contact therewith, shall not be injured; all wires as aforesaid shall either be thoroughly insulated or placed where persons employed in or about the mines cannot come in contact therewith, or shall be covered, protected or shielded in a safe manner so as to prevent any injuries or accidents therefrom to those in or about the mines.

R.L.1910, § 3977.  

§45523.  Machines to be shielded  Electric pumps.

In mines where mining machines are used, each machine shall be equipped and provided with a sufficient shield for the protection of those employed in or about said machines or in the use and operation thereof, and said shield shall be kept in use constantly while said machine is being operated.  All electric pumps inside of the mine shall receive careful attention.  While in use at a permanent pumping station, such pumps shall be placed in a fireproof shed, constructed of masonry walls.

R.L.1910, § 3978.  

§45524.  Use of oil and grease.

The oiling or greasing of cars inside of the mines is strictly forbidden, unless the place where said oil or grease is used is thoroughly cleansed once every day to prevent the accumulation of waste oil or grease on the roads or in the drains at that point. Not more than one (1) barrel of lubricating oil shall be permitted in the mine at any one time.  No explosive oil shall be used or taken into the mines for lighting purposes except when used in approved safety lamps, and oil shall not be stored or taken into the mines in quantities exceeding five (5) gallons.  Only pure oils, as free from smoke as pure animal oil shall be sold or used for illuminating purposes in any mine.  Any person selling for use in mines, or any person using, explosive or impure oils in any mine contrary to this section, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or imprisonment in the county jail not to exceed thirty (30) days, or both such fine and imprisonment.  For special convenience, the operator shall keep on hand a supply of pure oil for illuminating purposes, to comply with the requirements of this section, when requested to do so by a majority of the miners working therein.

R.L.1910, § 3979.  

§45525.  Precautions in dangerous workings.

In any place that is being driven towards, or in dangerous proximity to, an abandoned mine or part of mine, suspected of containing inflammable, noxious or poisonous gases, or which may be inundated with water, boreholes shall be kept not less than twelve (12) feet in advance of the face and on the sides of such working places, said side holes of the same depth shall be drilled diagonally, not more than eight (8) feet apart, and at any place driven to tap water or gas, shall not be more than ten (10) feet wide, and no water or gas, from an abandoned mine, or part of a mine, and no boreholes from the surface shall be tapped until the employees, except those engaged at such work, are out of the mines, and such work is to be done under the immediate supervision of the mine foreman.

R.L.1910, § 3980.  

§45527.  Precautions against dust or explosive matter.

In case any entry, or room in any coal mine in this state is so dry that the air becomes clogged with dust, the operator, owner, lessee or agent, or whoever is operating said mine in any capacity, shall have such entry, airway or room, regularly and thoroughly sprinkled, sprayed and dampened with water, so that the air will not be charged with dust, or if that be impracticable, then the dust shall be removed from the mine and shall not be deposited in any place in the mine where it would be again distributed in the atmosphere by the ventilating currents.  It shall be the duty of the district inspector to enforce all possible preventative measures necessary to maintain the safety of all persons employed in any mine against the gathering or accumulation of any combustible matter that is explosive in its nature, and shall cause the operator, or whosoever is operating such mine as owner, lessee, agent, or in any capacity, to immediately remove any such accumulated matter.

R.L.1910, § 3982.  

§45528.1.  Water on cutter bars and rock drills  Use required.

In order to promote the safety in coal mines by eliminating the hazards of rock dust in coal mines, it is hereby made the duty of every person or persons, partnership, association, corporation, owner, operator and/or lessee of any coal mine in this state to employ and use water on the cutter bars on all mining machines while cutting rock in said mines, and on all rock drills while drilling in said mines in rock.  Rotary roof or rock drills must use water or an approved type dust collector.

Laws 1947, p. 303, § 1; Laws 1965, c. 262, § 8, emerg. eff. June 23, 1965.  

§45528.2.  Violations by mine owners, operators, etc.

Any person or persons, partnership, association, corporation, owner, operator and/or lessee of any coal mine in this state, who shall violate the provisions of Sections 528.1, 528.2, and 528.3 of this title, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), and each separate instance of the violation of this act, either by the cutting machines or rock drills, shall be deemed a separate offense.

Laws 1947, p. 303, § 2; Laws 1965, c. 262, § 9, emerg. eff. June 23, 1965.  

§45528.3.  Violations by miners and persons operating drills or machines.

It is hereby also unlawful for any person, miner, operator of a rock drill or machine runner to operate either a mining machine when cutting or drilling in rock without water on cutter bar or rock drill contrary to the provisions of Sections 528.1528.3, and any such person so doing shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than Twentyfive Dollars ($25.00), nor more than One Hundred Dollars ($100.00), and each separate operation shall constitute a separate offense.

Laws 1947, p. 303, § 3; Laws 1965, c. 262, § 10, emerg. eff. June 23, 1965.  

§45529.  Workers' compensation coverage  Penalties  Exceptions.

(A) Any person or persons, partnership, association, corporation, owner, operator and/or lessee of any mine in this state must comply with the workers' compensation laws of the State of Oklahoma.

(B) Any violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not exceeding One Thousand Dollars ($1,000.00).

Provided the provisions of this act shall not apply to production of limestone and sand or gravel from open pits.

Laws 1965, c. 262, § 11, emerg. eff. June 23, 1965.  

§45561.  Mine foreman  general duties.

Every operator shall employ a competent and practical inside overseer for each mine employing ten or more persons inside, to be called mine foreman, who shall have charge of the inside operations of the mine, and shall see that the provisions of this chapter, are strictly enforced.  Said mine foreman, or in case of his necessary absence, an assistant chosen by him, shall devote the whole of his time to his duties in the mine when in operation, and shall keep a careful watch over the ventilating apparatus and the airways, traveling ways, timbering, pumps and drainage, and shall often instruct and as far as possible see, that as the miners advance their excavations, all dangerous slate and rock overhead are taken down or carefully secured against falling therein, or on the traveling and hauling ways, and that sufficient props, caps and timbers of suitable size are sent into the mine when required, which props shall be cut square at both ends, and as near as practicable to a proper length for the places where they are to be used, and which props, caps and timbers shall be delivered to the working force by company men.

R.L.1910, § 3983.  

§45562.  Foreman's duties as to timbers and drainage.

The mine foreman shall see that all miners in said mine are supplied at all times with such timbers, props and cap pieces as are necessary to keep their working places in a safe condition.  Such timbers to be sawed square as near as possible in proper length to fit the working place.  All such timbers, props and cap pieces shall be delivered at the face of the miners working place in said mine by company men.  Timbers in this section shall mean all wood to be used by said miner, and if from any cause, the timbers cannot be supplied where required, the said mine foreman shall instruct the persons to vacate all said working places until supplied with the timber needed, and shall see that all water be drained or hauled out of all working places before the miner enters, and as far as practicable, kept dry while the miner is at work.  The term "company men" as used in this chapter, shall mean those employed regularly as day hands and paid by shift wages.

R.L.1910, § 3984.  

§45563.  Duty as to ventilation.

It shall be the duty of the mine foreman to see that the proper breakthroughs are made in all the room pillars at such distances as in the judgment of the mine inspector may be deemed necessary for proper ventilation, but not more than thirty (30) feet apart where gas exists and in no case more than forty (40) feet apart, and the ventilation shall be conducted through said breakthroughs into rooms by means of check doors made of canvas, or other suitable material, placed on the entries or in other proper places, and he shall not permit any room to be opened in advance of the ventilating current, or when the rooms already made are not connected.  He shall also see that the air current is conducted to the face of all the entries, airways, rooms and other advance workings, so as to dilute and render harmless all noxious and poisonous gases.  Should the mine inspector discover any room, entry, airway or other working places being driven in advance of the air current contrary to the requirements of this section, he shall order the workmen working in such places to cease work at once, until the law is complied with.

R.L.1910, § 3985.  

§45564.  Shelter holes and manways to be provided.

In all hauling roads, on which hauling is done by animal power, and whereon men have to pass to and from their work, holes for shelter, which shall be kept clear of obstruction, shall be made at least every thirty (30) yards and be kept whitewashed, but shelter holes shall not be required in entries from which rooms are driven at regular intervals not exceeding fifty feet (50) where there is a space of four (4) feet between the car and rib.  But in no case shall men be permitted to travel to and from their work on hauling roads where hauling is done by machinery, and where such hauling is done there shall be a manway provided for men to travel to and from their work.  Said manway shall be six (6) feet in width and five (5) feet in height, and shall be kept clear of all obstructions, and shall be properly timbered.

R.L.1910, § 3986.  

§45565.  Air current to be measured weekly.

The mine foreman shall measure the air current at least once a week at the inlet and outlet, and at or near the faces of the entries, and shall keep a record of such measurements.  An anemometer shall be provided for this purpose by the operator of the mine.

R.L.1910, § 3987.  

§45566.  Daily examination.

The mine foreman shall give prompt attention to the removal of all dangers reported to him by the fire boss, or any other person working in the mine, and the said mine foreman, or his assistant, shall visit and examine every working place therein at least once every day, while the miners of such places are, or should be at work, and shall direct that each and every working place be properly secured by props or timbers, and that no person shall be directed or permitted to work in an unsafe place, unless it might be for the purpose of making it safe.

R.L.1910, § 3988.  

§45567.  Assistant mine foreman.

Where the mine workings are so extensive that the mine foreman is unable personally to carry out all the requirements of this chapter, as pertaining to his duties, he shall give his personal attention to any part or parts of the mine where he may deem it necessary, and the operator shall employ a competent person or persons to act as his assistant or assistants, who shall act under his instructions in carrying out the provisions of this act, and in all mines where firedamp is generated, the said assistant or assistants shall possess the same qualifications