2006 Utah Code - 40-2-16 — Necessity of certificate -- Temporary certificates -- Surface foreman certificate -- Fee -- Employment of uncertified persons prohibited.

     40-2-16.   Necessity of certificate -- Temporary certificates -- Surface foreman certificate -- Fee -- Employment of uncertified persons prohibited.
     (1) A person may not work in any occupation referred to in Section 40-2-15 unless granted a certificate by the Labor Commission.
     (2) (a) (i) The Labor Commission may issue a temporary mine foreman certificate or a temporary surface foreman certificate to an applicant who is:
     (A) recommended by a mine; and
     (B) interviewed and found competent by two panel members.
     (ii) A certificate issued under Subsection (2)(a)(i) shall remain in effect until:
     (A) the next scheduled certification test;
     (B) retest; or
     (C) terminated by the Labor Commission.
     (b) (i) The Labor Commission may issue a surface foreman certificate to a current holder of an underground mine foreman certificate, if the applicant has three years of varied surface mining experience.
     (ii) A surface foreman certificate applicant may receive credit for surface experience in any other industry that has substantially equivalent surface facilities, if the applicant has performed or is presently performing the duties normally required of a surface foreman.
     (3) (a) The Labor Commission shall collect a fee for each temporary certificate.
     (b) The Labor Commission shall establish the fee by following the procedures and requirements of Section 63-38-3.2.
     (4) (a) An owner, operator, contractor, lessee, or agent may not employ a worker in any occupation referred to in Section 40-2-15 who is uncertified.
     (b) The certificate shall be on file and available for inspection to interested persons in the office of the mine.

Amended by Chapter 5, 2006 General Session