(225 ILCS 710/16) (from Ch. 96 1/2, par. 4223)
Sec. 16.
Employee failure; investigation.
Whenever, in the opinion of
the inspector of mines, a serious or fatal accident in or about any mine in
this State shall have been caused by failure on the part of the operator or any
employee of such mine, or by any other person, or by any of them, to observe
the provisions of this Act, it shall be the duty of the inspector to
immediately notify the Department of Natural Resources by wire or telephone, and cause a copy of the report of such
accident or a copy of the testimony
taken at the coroner's inquest, together with the verdict of the coroner's
jury, and all papers in his or her hands relating thereto, to be forwarded to
the Department of Natural Resources that an
investigation may be immediately
conducted by the Department of Natural Resources,
and if they concur with the
inspector, all reports and testimony so assembled shall be delivered to the
prosecuting officer of the county in which the accident or loss of life
occurred, together with a statement of the inspector showing in what
particular or particulars he or she believes the law to have been violated, and
if upon the receipt thereof the prosecuting officer of the said county deems
the facts to make a prima facie cause of action against any party, that officer
shall present such evidence to the grand jury and take such further steps for
the criminal prosecution of such operators, employees or other persons as may
seem advisable.
(Source: P.A. 89-445, eff. 2-7-96.)
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