2007 California Labor Code Chapter 3. Licensing And Penalties

CA Codes (lab:7990-8004)

7990.  In any tunnel or mine under jurisdiction of the division, the
use of explosives shall be limited to persons licensed by the
division.


7991.  To obtain a license under Section 7990, and to renew such a
license, a person shall pass an oral and written examination given by
the division.  The division shall offer such examination in Spanish,
or any other language, when requested by the applicant.  The
division shall administer such examination orally when requested by
an applicant who cannot write.  Application for such license shall
cost fifteen dollars (), which is nonreturnable.  Licenses shall
be renewable every five years at a fee of fifteen dollars ().



7992.  The board shall determine qualifications for persons seeking
an "explosive blaster's license" and rules and regulations for use of
explosives in tunnels or mines.



7993.  Any person holding an "explosive blaster's license" who is
convicted of violating any safety order involving the use or handling
of explosives shall have his license suspended for not less than 30
days upon hearing by the division, in addition to any other penalties
he may be assessed.


7994.  Any person holding an "explosive blaster's license" who is
convicted of violating safety orders involving use or handling of
explosives in which the violation is judged to be responsible for an
accident involving serious injury or death shall have his or her
license revoked for at least one year, in addition to any other
penalties he or she may be assessed. Any person who has had his or
her "explosive blaster's license" revoked may apply for a new license
after the minimum period of revocation expires. He or she shall be
required to pass all examinations before a new license is granted.



7995.  Any person who has had his "explosive blaster's license"
revoked who is subsequently convicted of violations of a safety order
involving the use or handling of explosives shall have his license
permanently revoked in addition to other penalties he may be
assessed.



7996.  All safety equipment required to provide safe employment in
tunnels or underground mines shall be U.S. Bureau of Mines approved,
or acceptable to other authorities recognized by the division, and
acceptable by the division.


7997.  The board shall review and update general orders for tunnels
and mines at least every two years.  Representatives of the unit
inspecting tunnels and mines shall be consulted during each review
and shall be permitted to submit suggested changes to the general
orders at any time.



7998.  The division shall also develop tests, available in English,
Spanish, or other languages where a sufficient portion of employees
exists to show need, to qualify gas testers and safety
representatives in tunnels and mines.


7999.  No person shall be qualified to operate as a gas tester, or
serve as a safety representative in a tunnel or underground mine
unless he holds a certificate issued by the division.  No certificate
may be issued or renewed unless the applicant or licensee, as the
case may be, has passed an examination given by the division.




8000.  Requirements established by the board shall preempt local
government rules, regulations, and laws requiring certification or
licensing as gas testers or safety representatives.  However, local
governments may contract with the division for testing applicants and
issuing certifications.



8001.  A fee sufficient to cover costs of examination and
certification of gas testers and safety representatives for tunnels
and mines, but not more than fifteen dollars () for original
applications and fifteen dollars () for renewals, may be charged
by the division.  Renewals shall be made every five years.



8002.  All fees from such applications shall be nonrefundable.  Such
fees shall be paid into the State Treasury by the division to the
credit of the General Fund.



8003.  Violation of regulations, rules, orders, or special orders
adopted by the board or division as a condition of certification
shall be punishable by suspension or revocation of certification,
unless such violation is responsible for death or injury to
employees, in which case it shall be punishable as a misdemeanor.




8004.  The provisions of this part shall not apply to the normal
operation, maintenance, or repair of any completed tunnels owned or
operated by a utility as defined in Section 229 of the Public
Utilities Code.  However, it shall apply to the initial construction
or substantial modification of such a tunnel.