Full Text of HB2788 101st General Assembly
HB2788ham001 101ST GENERAL ASSEMBLY | Rep. Jerry Costello, II Filed: 3/26/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2788
| 2 | | AMENDMENT NO. ______. Amend House Bill 2788 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Coal Mining Act is amended by changing | 5 | | Sections 4.01, 4.07, 4.17, 4.20, 4.30, 4.34, 4.36, 5.01, 5.03, | 6 | | 5.04, 5.09, 5.11, 5.13, 5.14, 5.15, 5.16, 5.17, 5.18, 5.20, | 7 | | 5.21, 5.22, 5.23, 5.26, 6.01, 6.04, 6.05, 6.06, 6.07, 6.08, | 8 | | 6.09, 6.10, 6.11, 6.12, 6.14, 7.02, 7.04, 7.05, 7.12, 7.14, | 9 | | 7.17, 8.09, 8.11, 8.19, 8.21, 9.02, 10.04, 11.05, 13.04, 16.10, | 10 | | 20.22, 22.12, 22.16, 25.04, 32.03, 35.02, and 39.1 as follows:
| 11 | | (225 ILCS 705/4.01) (from Ch. 96 1/2, par. 401)
| 12 | | Sec. 4.01.
Each applicant for a certificate of competency | 13 | | as State Mine
Inspector shall produce evidence satisfactory to | 14 | | the Mining Board that the applicant is he
is a citizen of this | 15 | | State, at least thirty years of age; that the applicant he has | 16 | | had a
practical mining experience of ten years, of which at |
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| 1 | | least two years shall
have been in the State of Illinois, and | 2 | | that the applicant is a person he is a man of good repute and
| 3 | | temperate habits; and that the applicant he has a first class | 4 | | mine manager's certificate. The applicant
He shall pass an | 5 | | examination as to his or her practical and technological | 6 | | knowledge
of mine appliances; of the proper development and | 7 | | operation of coal mines; of ventilation in mines; of the nature | 8 | | and properties of
mine gases; of first aid to the injured and | 9 | | of mine rescue methods and
appliances, as prescribed by the | 10 | | Department of Natural Resources; of the geology of coal | 11 | | measures in
this State; and of the laws of this State relating | 12 | | to coal mines.
| 13 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 14 | | (225 ILCS 705/4.07) (from Ch. 96 1/2, par. 407)
| 15 | | Sec. 4.07.
Every State Mine Inspector in his or her regular | 16 | | examination of mines
shall measure with an anemometer the | 17 | | amount of air passing in the last
crosscut in each pair of | 18 | | entries. A State Mine Inspector He shall also investigate the | 19 | | condition
of ventilation in all working places to see that | 20 | | ventilation is adequate,
and in longwall mines the last face of | 21 | | each division. A State Mine Inspector He shall measure with
an | 22 | | anemometer the amount of air passing at the inlet and outlet of | 23 | | the
mines. A State Mine Inspector He shall compare all such air | 24 | | measurements with the last report of
the mine examiner and the | 25 | | mine manager, in the mine examination book of the
mine. A State |
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| 1 | | Mine Inspector He must verify that the legal code of signals | 2 | | between the engineer
and the top person man and the bottom | 3 | | person man has been established and is
conspicuously posted for | 4 | | the information of all employees.
| 5 | | (Source: Laws 1955, p. 2012.)
| 6 | | (225 ILCS 705/4.17) (from Ch. 96 1/2, par. 417)
| 7 | | Sec. 4.17.
Each State Mine Inspector shall, within 60 days | 8 | | after December 31
of each year, prepare and forward to the | 9 | | Mining Board a formal report of the State Mine Inspector's
his | 10 | | acts during the year in the discharge of the State Mine | 11 | | Inspector's his duties, with any
recommendations as to | 12 | | legislation the State Mine Inspector he may deem necessary on | 13 | | the subject of
mining. Each State Mine Inspector He shall | 14 | | collect and tabulate, upon blanks furnished by the Mining
| 15 | | Board, all desired statistics of mines and miners within the | 16 | | State Mine Inspector's his district, to
accompany his or her | 17 | | annual report.
| 18 | | (Source: Laws 1953, p. 701.)
| 19 | | (225 ILCS 705/4.20) (from Ch. 96 1/2, par. 420)
| 20 | | Sec. 4.20.
No State Mine Inspector shall solicit or accept | 21 | | any political campaign
contribution or gratuity of any kind or | 22 | | character , from any mine operator
or the mine operator's his | 23 | | agent; from any coal sales company, or their agents or
| 24 | | representatives; or from any miner, local union or union |
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| 1 | | official. In the
event a State Mine Inspector he does so | 2 | | solicit or accept any such contribution or gratuity from
any | 3 | | person , he or she is guilty of an act tending to the unlawful | 4 | | injury of miners,
and is guilty of malfeasance, and in that | 5 | | event, the Mining Board shall
declare the position of the State | 6 | | Mine Inspector vacant.
| 7 | | (Source: Laws 1953, p. 701 .)
| 8 | | (225 ILCS 705/4.30) (from Ch. 96 1/2, par. 430)
| 9 | | Sec. 4.30.
If any State Mine Inspector finds that any | 10 | | provision of this Act
is being violated, that State Mine | 11 | | Inspector he shall file a sworn complaint before the circuit | 12 | | court,
stating the facts within the State Mine Inspector's his | 13 | | knowledge in such case
and asking that the person charged with | 14 | | such violation be bound over to the
next grand jury for the | 15 | | county. The State's Attorney for the county in
which such | 16 | | violation occurs shall prosecute such complaint, as provided by
| 17 | | law in other State cases.
| 18 | | (Source: P.A. 79-1358.)
| 19 | | (225 ILCS 705/4.34) (from Ch. 96 1/2, par. 434)
| 20 | | Sec. 4.34.
Upon final conviction for nonfeasance in office | 21 | | under the
provisions of this Act of any State Mine Inspector , | 22 | | the State Mine Inspector's his certificate of
qualification or | 23 | | of competency, as the case may be, shall be thereby
invalidated | 24 | | and that State Mine Inspector he shall become disqualified from |
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| 1 | | holding such office, and
such person shall not be entitled to | 2 | | receive another certificate of
qualification or of competency, | 3 | | as the case may be, within 3 months from
the date of such final | 4 | | conviction.
| 5 | | (Source: Laws 1967, p. 2076.)
| 6 | | (225 ILCS 705/4.36) (from Ch. 96 1/2, par. 436)
| 7 | | Sec. 4.36.
On each visit to a mine, the State Mine | 8 | | Inspector shall notify
a representative of the miners that the | 9 | | State Mine Inspector he is there to make an inspection.
The | 10 | | miners' representative may elect to accompany the State Mine | 11 | | Inspector
during the his inspection and shall suffer no loss of | 12 | | pay. Following each inspection,
the State Mine Inspector shall | 13 | | meet with the management of the mine and the representative
of | 14 | | the miners to discuss his or her findings, recommendations and | 15 | | general safety
conditions of the mine. The State Mine | 16 | | Inspector's His findings and recommendations, together with
| 17 | | the time allowed to comply, shall be posted in a conspicuous | 18 | | place following
each inspection. For the purposes of this | 19 | | Section, where 2 or more State Mine Inspectors
travel together, | 20 | | only one representative of the miners who accompanies the State | 21 | | Mine
Inspectors shall suffer no loss of pay.
| 22 | | (Source: P.A. 83-1234.)
| 23 | | (225 ILCS 705/5.01) (from Ch. 96 1/2, par. 501)
| 24 | | Sec. 5.01.
Each applicant for a certificate of competency |
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| 1 | | as mine manager
shall produce evidence satisfactory of the | 2 | | Mining Board that the applicant he is a
citizen of the United | 3 | | States, at least 23 years of age; that the applicant he
has had | 4 | | at least 4 years' practical underground mining experience;
has | 5 | | been issued a Certificate of Competency as Mine Examiner, or | 6 | | its equivalent
issued by another state; and
that the applicant | 7 | | he has
satisfactorily completed a course of instruction in | 8 | | first aid to the
injured and mine rescue methods and appliances | 9 | | prescribed by the
Department; and that the applicant is a | 10 | | person he is a man of good repute and temperate habits. The | 11 | | applicant He
shall also pass such examination as to the | 12 | | applicant's his experience in mines and in the
management of | 13 | | people men ; the applicant's his knowledge of mine machinery and | 14 | | appliances; the use
of surveying and other instruments used in | 15 | | mining; the properties of mine
gases; the principles of | 16 | | ventilation; and the legal duties and
responsibilities of mine | 17 | | managers, as shall be prescribed by the rules of
the Mining | 18 | | Board.
| 19 | | Persons who have graduated and hold a degree in
engineering | 20 | | or an approved 4-year program in coal mining technology from an | 21 | | accredited
school, college or university are
required to have | 22 | | only 2 years' practical underground mining experience
to | 23 | | qualify for the examination for a Certificate of Competency.
| 24 | | Persons who have graduated and hold a two-year Associate
in | 25 | | Applied Science Degree in Coal Mining Technology from an
| 26 | | accredited school, college , or university are required to have
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| 1 | | only 3 years' practical underground mining experience to | 2 | | qualify
for the examination for a Certificate of Competency.
| 3 | | (Source: P.A. 79-876.)
| 4 | | (225 ILCS 705/5.03) (from Ch. 96 1/2, par. 503)
| 5 | | Sec. 5.03.
It shall be unlawful for any operator to operate | 6 | | an underground
coal mine without the services of a mine | 7 | | manager. Further, it is unlawful
for the operator of any coal | 8 | | mine to have in his or her service as mine manager at
his or her | 9 | | mine, any person who does not hold a certificate of competency | 10 | | issued
by the Mining Board of this State; Provided, that | 11 | | whenever any exigency
arises by which it is impossible for any | 12 | | operator to secure the immediate
services of a certificated | 13 | | mine manager, the operator he may place any trustworthy and
| 14 | | experienced person man of the mine inspection district in | 15 | | charge of his or her mine to
act as temporary mine manager for | 16 | | a period not exceeding 7 days, and with
the approval of the | 17 | | State mine inspector of the district, for a further
period not | 18 | | exceeding 23 days.
| 19 | | (Source: Laws 1955, p. 2012.)
| 20 | | (225 ILCS 705/5.04) (from Ch. 96 1/2, par. 504)
| 21 | | Sec. 5.04.
The certificate of any mine manager may be | 22 | | cancelled and revoked
by the Mining Board upon notice and | 23 | | hearing as provided by this Act, if it
shall be established in | 24 | | the judgment of said Mining Board that the holder
thereof has |
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| 1 | | obtained said certificate by fraud or misrepresentation of the | 2 | | mine manager's his experience or has become unworthy to hold | 3 | | said certificate by reason of
violation of the law, intemperate | 4 | | habits, incapacity, abuse of authority or
for any other cause. | 5 | | Any person against whom charges or complaints are made
| 6 | | hereunder shall have the right to appear before the Mining | 7 | | Board and defend
himself or herself against said charges, and | 8 | | the mine manager he shall have 15 days' notice in writing
of | 9 | | such charges previous to such hearing. The Mining Board, in its
| 10 | | discretion, may suspend the certificate of any person charged | 11 | | as aforesaid,
pending such hearing, but said hearing shall not | 12 | | be unreasonably deferred.
| 13 | | (Source: Laws 1953, p. 701.)
| 14 | | (225 ILCS 705/5.09) (from Ch. 96 1/2, par. 509)
| 15 | | Sec. 5.09. In all mines:
| 16 | | 1. When the mine is to be operated, the mine manager he | 17 | | shall have the prescribed
working places of such mine | 18 | | examined by a certified mine examiner within 3
hours before | 19 | | the workers of any shift, other than the examiner or the
| 20 | | examiners designated by the mine manager to make the | 21 | | examination, enter
the underground areas of such mine. Have | 22 | | the mine examiner inspect
every active working place in the | 23 | | mine and make tests therein with a multi-gas detector
for | 24 | | accumulation of methane and oxygen
deficiency in the air | 25 | | therein; examine intake seals used to ventilate a working |
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| 1 | | section and doors to determine
whether they are functioning | 2 | | properly; inspect and test the roof, face
and rib | 3 | | conditions in the working areas and on active roadways and
| 4 | | travelways; inspect active roadways, travelways, | 5 | | approaches to abandoned
workings and accessible falls in | 6 | | active sections for explosive gas and
other hazards; and | 7 | | inspect to determine whether the air in each split is
| 8 | | traveling in its proper course and in normal volume.
| 9 | | 2. On non-coal-producing non-coal producing shifts, if | 10 | | the mine has a minimum of 120 psi seals, the mine manager | 11 | | he shall have the mine examined by a certified mine | 12 | | examiner in any area where any person is scheduled to work | 13 | | or travel underground. If the mine has less than 120 psi | 14 | | seals, the mine manager he shall have the mine examined by | 15 | | a certified mine examiner in
its entirety the same as for a | 16 | | coal producing shift, except where
persons are to work only | 17 | | in the shaft, slope, drift, or on the immediate
shaft or | 18 | | slope bottom, then only that area immediately surrounding | 19 | | the
bottom shall be examined. If the mine has a minimum of | 20 | | 120 psi seals and the mine has not been examined in its | 21 | | entirety for 7 consecutive days, the mine manager he shall | 22 | | have a certified mine examiner conduct a full mine | 23 | | examination, including seals and escape ways, prior to | 24 | | anyone other than the mine examiner or mine examiners | 25 | | designated by the mine manager to make the examination | 26 | | enter the underground areas of such mine. If it is known |
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| 1 | | that the air downwind of a minimum 120 psi seals when | 2 | | tested at a point not less than 12 inches from the roof, | 3 | | face, or rib contains more than 1.0% of methane as | 4 | | determined by permissible methane detector, air analysis, | 5 | | or other recognized means of accurately detecting such gas, | 6 | | the mine manager he shall have the mine examined in its | 7 | | entirety the same as for a coal-producing coal producing | 8 | | shift, except where persons are to work only in the shaft, | 9 | | slope, or drift or on the immediate shaft or slope bottom, | 10 | | then only that area immediately surrounding the bottom | 11 | | shall be examined.
| 12 | | 3. The mine manager He shall see that no person, other | 13 | | than competent personnel,
enters any underground area in a | 14 | | mine, except during a
coal-producing shift, unless an | 15 | | examination of such area has been made
by a mine examiner | 16 | | within 12 hours immediately preceding the mine manager's | 17 | | his entrance
into such area.
| 18 | | 4. If the mine has constructed a minimum of 120 psi | 19 | | seals, the mine manager he shall have a certified mine | 20 | | examiner conduct weekly examinations at each seal along | 21 | | return and bleeder air courses and at each seal along | 22 | | intake air courses where intake air passing by the seal is | 23 | | not used to ventilate a working section. If the mine has | 24 | | constructed less than 120 psi seals, the mine manager he | 25 | | shall have a certified mine examiner conduct a daily | 26 | | examination of each seal along return and bleeder air |
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| 1 | | courses. If it is known that the air downwind of a minimum | 2 | | 120 psi seals when tested at a point not less than 12 | 3 | | inches from the roof, face, or rib contains more than 1.0% | 4 | | of methane as determined by permissible methane detector, | 5 | | air analysis, or other recognized means of accurately | 6 | | detecting such gas, the mine manager he shall have each | 7 | | seal along return and bleeder air courses and at each seal | 8 | | along intake air courses where intake air passing by the | 9 | | seal not used to ventilate a working section to be examined | 10 | | by a certified mine examiner before the workers of any | 11 | | shift, other than the examiner or the examiners designated | 12 | | by the mine manager to make the examination, enter the | 13 | | underground areas of such mine. | 14 | | 5. The mine manager He shall have a certified mine | 15 | | examiner conduct weekly examinations of escape ways | 16 | | required by Sections 19.11 and 19.13.
| 17 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 18 | | (225 ILCS 705/5.11) (from Ch. 96 1/2, par. 511)
| 19 | | Sec. 5.11.
To see that a mine examiner makes the | 20 | | examinations provided in
Articles 5, 6, and 31 of this Act and | 21 | | that the mine examiner he enters his or her report either by | 22 | | calling the results of the examination to a recorder on the | 23 | | surface or by personally recording the report. The recorder or | 24 | | mine examiner shall record the report in a book or computer | 25 | | system that is provided by the operator for that purpose, and |
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| 1 | | the book or computer system shall be secure and not susceptible | 2 | | to alteration.
| 3 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 4 | | (225 ILCS 705/5.13) (from Ch. 96 1/2, par. 513)
| 5 | | Sec. 5.13.
The mine manager He shall provide a sufficient | 6 | | number of props, caps, and timbers,
when needed, delivered on | 7 | | the miners' cars at the usual place, in suitable
lengths and | 8 | | dimensions for the securing of the roof by the miners. When
| 9 | | cross bars are set by the miners they shall be furnished in the | 10 | | required
lengths.
| 11 | | (Source: Laws 1953, p. 701.)
| 12 | | (225 ILCS 705/5.14) (from Ch. 96 1/2, par. 514)
| 13 | | Sec. 5.14.
The mine manager He shall see that cross-cuts | 14 | | are made at proper distances apart;
that necessary doors, | 15 | | curtains, and brattices are provided to furnish the people
men | 16 | | in the mine the volume of air required by this Act or by the | 17 | | written
demand of the State Mine Inspector mine inspector ; and | 18 | | that all stoppings along airways
are properly built.
| 19 | | (Source: Laws 1953, p. 701.)
| 20 | | (225 ILCS 705/5.15) (from Ch. 96 1/2, par. 515)
| 21 | | Sec. 5.15.
The mine manager He shall take daily barometer | 22 | | readings and record the
readings when people men are in the | 23 | | mine, and keep a careful watch over all
ventilating apparatus |
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| 1 | | and the air currents in the mine. When the
ventilating fan at | 2 | | any mine fails or stops, the mine manager he shall take | 3 | | immediate
action to cut off the electric power and withdraw the | 4 | | workers from the
face regions of the mine. In gassy mines, if | 5 | | the ventilation is restored
within a reasonable time, the face | 6 | | regions and other places where
methane is likely to accumulate | 7 | | shall be re-examined by competent
personnel, and if such places | 8 | | are found to be free from explosive gas
the power may be | 9 | | restored and work resumed. If the ventilation is not
restored | 10 | | within a reasonable time all underground employees shall be
| 11 | | removed from the mine. In non-gassy mines, if the ventilation | 12 | | is
restored within a reasonable time, the power may be turned | 13 | | on and the
work resumed without the necessity of | 14 | | re-examination.
| 15 | | (Source: P.A. 81-992.)
| 16 | | (225 ILCS 705/5.16) (from Ch. 96 1/2, par. 516)
| 17 | | Sec. 5.16.
The mine manager He shall measure the air | 18 | | current or cause the same to be measured
at least once each | 19 | | week at the inlet and outlet, also at the last open
cross-cut | 20 | | in each division or split, and shall keep a record of such
| 21 | | measurements for the information of the State mine inspector.
| 22 | | (Source: Laws 1953, p. 701.)
| 23 | | (225 ILCS 705/5.17) (from Ch. 96 1/2, par. 517)
| 24 | | Sec. 5.17.
The mine manager He or his or her assistant |
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| 1 | | shall, at least once a week, examine the
escapement shaft and | 2 | | the roadways leading thereto and all other openings
for the | 3 | | safe exit of people men to the surface; and shall make a record | 4 | | of any
obstructions or other unsafe conditions existing | 5 | | therein, and cause the
same to be promptly removed.
| 6 | | (Source: Laws 1953, p. 701.)
| 7 | | (225 ILCS 705/5.18) (from Ch. 96 1/2, par. 518)
| 8 | | Sec. 5.18.
The mine manager He shall examine or designate a | 9 | | competent person to examine the
hoisting ropes, cages, and | 10 | | safety catches every morning and shall require
the ropes to be | 11 | | tested by hoisting the cages before people men are lowered.
| 12 | | (Source: Laws 1953, p. 701.)
| 13 | | (225 ILCS 705/5.20) (from Ch. 96 1/2, par. 520)
| 14 | | Sec. 5.20.
The mine manager or He or his or her assistant | 15 | | shall be at his or her post at the mine when the people men
are | 16 | | lowered into the mine in the morning for work, and shall remain | 17 | | at
night until all the people men employed during the day shall | 18 | | have been hoisted up.
| 19 | | (Source: Laws 1953, p. 701.)
| 20 | | (225 ILCS 705/5.21) (from Ch. 96 1/2, par. 521)
| 21 | | Sec. 5.21.
The mine manager He shall give special attention | 22 | | to and instructions concerning
the proper storage and handling | 23 | | of permissible explosives in the mines.
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| 1 | | (Source: Laws 1953, p. 701.)
| 2 | | (225 ILCS 705/5.22) (from Ch. 96 1/2, par. 522)
| 3 | | Sec. 5.22.
Where coal is broken down "on shift"; and while | 4 | | people men are in the
mine, with compressed air, or by some | 5 | | mechanical or chemical-mechanical
device which does not emit | 6 | | spark or flame, mine manager he shall see that frequent
| 7 | | examination for gas and other hazards is made by competent | 8 | | personnel.
| 9 | | (Source: Laws 1953, p. 701.)
| 10 | | (225 ILCS 705/5.23) (from Ch. 96 1/2, par. 523)
| 11 | | Sec. 5.23.
The mine manager He shall require all | 12 | | excessively dusty haulage roads to be
thoroughly sprayed, | 13 | | sprinkled, cleaned , or rockdusted at regular intervals
when the | 14 | | health and safety of the people men in the mines are | 15 | | jeopardized.
| 16 | | (Source: Laws 1953, p. 701.)
| 17 | | (225 ILCS 705/5.26) (from Ch. 96 1/2, par. 526)
| 18 | | Sec. 5.26.
In mines in which the works are so extensive | 19 | | that all the duties
devolving upon the mine manager cannot be | 20 | | discharged by one person man , competent
persons may be | 21 | | designated and appointed as assistants to the mine manager,
who | 22 | | shall exercise the mine manager's his functions under the mine | 23 | | manager's instructions.
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| 1 | | (Source: Laws 1953, p. 701.)
| 2 | | (225 ILCS 705/6.01) (from Ch. 96 1/2, par. 601)
| 3 | | Sec. 6.01.
Each applicant for a certificate of competency | 4 | | as mine examiner
shall produce evidence satisfactory to the | 5 | | Mining Board that the applicant he is a
citizen of the United | 6 | | States, at least 21 years of age and of good
repute and | 7 | | temperate habits and that the applicant he has had at least 4 | 8 | | years
practical underground mining experience,
and has been | 9 | | issued a First Class Certificate of Competency by the
| 10 | | Department of Natural Resources. The applicant
He shall pass an | 11 | | examination as to the applicant's his
experience in mines | 12 | | generating dangerous gases, the applicant's his practical and
| 13 | | technological knowledge of the nature and properties of mine | 14 | | gases, the laws
of ventilation, the structures and use of | 15 | | multi-gas detectors, and the laws of
this State relating to | 16 | | safeguards against fires from any source in mines. The | 17 | | applicant
He shall also submit to the Mining Board satisfactory | 18 | | evidence that the applicant he has
completed a course of | 19 | | training in first aid to the injured and mine rescue
methods | 20 | | and appliances prescribed by the Department. Persons who
have | 21 | | graduated and hold a degree in engineering or an approved | 22 | | 4-year program
in coal mining technology
from an accredited
| 23 | | school, college, or university, are required to have only 2 | 24 | | years of
practical underground mining experience to qualify for | 25 | | the examination for a
certificate of competency.
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| 1 | | Persons who have graduated and hold a two-year Associate in | 2 | | Applied
Science Degree in Coal Mining Technology from an | 3 | | accredited school, college ,
or university are required to have | 4 | | only 3 years' practical underground
mining experience to | 5 | | qualify for the examination for a Certificate of
Competency as | 6 | | a Mine Examiner.
| 7 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 8 | | (225 ILCS 705/6.04) (from Ch. 96 1/2, par. 604)
| 9 | | Sec. 6.04. In all mines:
| 10 | | 1. When the mine is to be operated, the mine examiner | 11 | | he shall examine the prescribed
working places of such mine | 12 | | within 3 hours before any workers in such
shift, other than | 13 | | the examiner or the examiners designated by the mine | 14 | | manager to make the examination, enter the underground | 15 | | areas of the
mine ; examine . Examine every active working | 16 | | place in the mine and make tests
therein with a multi-gas | 17 | | detector for accumulation of methane
and oxygen deficiency | 18 | | in the air therein; examine intake seals used to ventilate | 19 | | a working section and doors to
determine whether they are | 20 | | functioning properly; inspect and test the
roof, face, and | 21 | | rib conditions in the working areas and on active
roadways | 22 | | and travelways; inspect active roadways, travelways, | 23 | | approaches
to abandoned workings, and accessible falls in | 24 | | active sections for
explosive gas and other hazards; and | 25 | | inspect to determine whether the
air in each split is |
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| 1 | | traveling in its proper course and in normal
volume.
| 2 | | 2. On non-coal-producing non-coal producing shifts, if | 3 | | the mine has a constructed minimum of 120 psi seals, the | 4 | | mine examiner he shall examine the mine in any area where | 5 | | any person is scheduled to work or travel underground. If | 6 | | the mine has less constructed than 120 psi seals, the mine | 7 | | examiner he shall examine the mine in its
entirety the same | 8 | | as for a coal-producing coal producing shift, except where | 9 | | people men are to
work only in the shaft, slope, or drift | 10 | | or on the immediate shaft
bottom, then only that area | 11 | | immediately surrounding the bottom need be
examined. If the | 12 | | mine has a minimum of 120 psi seals and the mine has not | 13 | | been examined in its entirety for 7 consecutive days, a | 14 | | full mine examine shall be conducted, including seals and | 15 | | escape ways, prior to anyone other than the examiner or the | 16 | | examiners designated by the mine manager to make the | 17 | | examination enter the underground areas of such mine. If it | 18 | | is known that the air downwind of a minimum 120 psi seals | 19 | | when tested at a point not less than 12 inches from the | 20 | | roof, face, or rib contains more than 1.0% of methane as | 21 | | determined by permissible methane detector, air analysis, | 22 | | or other recognized means of accurately detecting such gas, | 23 | | coal-producing the mine examiner he shall examine the mine | 24 | | in its entirety the same as for a coal-producing coal | 25 | | producing shift, except where persons are to work only in | 26 | | the shaft, slope, or drift or on the immediate shaft or |
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| 1 | | slope bottom, then only that area immediately surrounding | 2 | | the bottom shall be examined.
| 3 | | 3. If the mine has constructed a minimum of 120 psi | 4 | | seals, the mine examiner he shall conduct weekly | 5 | | examinations at each seal along return and bleeder air | 6 | | courses and at each seal along intake air courses where | 7 | | intake air passing by the seal is not used to ventilate a | 8 | | working section. If such mine has constructed less than 120 | 9 | | psi seals, the mine examiner he shall conduct a daily | 10 | | examination of each seal along return and bleeder air | 11 | | courses. If it is known that the air downwind of a minimum | 12 | | 120 psi seals when tested at a point not less than 12 | 13 | | inches from the roof, face, or rib contains more than 1.0% | 14 | | of methane as determined by permissible methane detector, | 15 | | air analysis, or other recognized means of accurately | 16 | | detecting such gas, the mine examiner he shall examine each | 17 | | seal along return and bleeder air courses and at each seal | 18 | | along intake air courses where intake air passing by the | 19 | | seal not used to ventilate a working section before the | 20 | | workers of any shift may enter the underground areas of | 21 | | such mine. | 22 | | 4. Conduct weekly examinations of escape ways required | 23 | | by Sections 19.11 and 19.13.
| 24 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 25 | | (225 ILCS 705/6.05) (from Ch. 96 1/2, par. 605)
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| 1 | | Sec. 6.05.
When in the performance of his or her duties, | 2 | | the mine examiner he shall carry with him or her a multi-gas | 3 | | detector
in proper order and condition and a rod or bar for | 4 | | sounding the
roof.
| 5 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 6 | | (225 ILCS 705/6.06) (from Ch. 96 1/2, par. 606)
| 7 | | Sec. 6.06.
The mine examiner He shall see that the air | 8 | | current is traveling in its proper
course and in proper | 9 | | quantity; and measure with an anemometer the amount of
air | 10 | | passing in the last cross-cut or break-through of each pair of | 11 | | entries,
or in the last room of each division in long-wall | 12 | | mines, and at all other
points where the mine examiner he may | 13 | | deem it necessary; and note the result of such
measurements in | 14 | | the mine examiner's book kept for that purpose.
| 15 | | (Source: Laws 1953, p. 701.)
| 16 | | (225 ILCS 705/6.07) (from Ch. 96 1/2, par. 607)
| 17 | | Sec. 6.07.
The mine examiner He shall inspect all places | 18 | | where people men are required in the
performance of their | 19 | | duties to pass or to work, and observe whether there
are any | 20 | | recent falls or dangerous roof or accumulations of gas or | 21 | | dangerous
conditions in rooms or roadways; and examine | 22 | | especially all roadways
leading to escapement shafts or other | 23 | | openings for the safe exit of people men to
the surface, the | 24 | | edges and accessible parts of recent falls and old gobs
and |
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| 1 | | air-courses.
| 2 | | (Source: Laws 1953, p. 701.)
| 3 | | (225 ILCS 705/6.08) (from Ch. 96 1/2, par. 608)
| 4 | | Sec. 6.08.
As evidence of the mine examiner's his | 5 | | examination of said doors, rooms , and roadways
as provided for | 6 | | in this Article, the mine examiner he shall inscribe with chalk | 7 | | in some
suitable place on the doors, the roof or walls of rooms | 8 | | and roadways, but
not on the face of the coal, his or her | 9 | | initials and the date of the his examination.
| 10 | | (Source: Laws 1953, p. 701 .)
| 11 | | (225 ILCS 705/6.09) (from Ch. 96 1/2, par. 609)
| 12 | | Sec. 6.09.
When working places are discovered in which | 13 | | there are recent
falls, dangerous roof, accumulation of gas or | 14 | | other dangerous conditions, the mine examiner
he shall place, | 15 | | in all entrance ways to said working places where dangerous
| 16 | | conditions exist, conspicuous marks or signs to "keep out". If | 17 | | the mine examiner finds Should he find
that the provisions of | 18 | | Section 24.03, with reference to distance rock
dusting is back | 19 | | from the face, are not complied with, the mine examiner he | 20 | | shall record such
condition, and the place, in his or her daily | 21 | | examination report.
| 22 | | (Source: Laws 1955, p. 2012.)
| 23 | | (225 ILCS 705/6.10) (from Ch. 96 1/2, par. 610)
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| 1 | | Sec. 6.10.
Upon completing his or her examination, the mine | 2 | | examiner he shall make a daily record either by calling out the | 3 | | results of the examination to a recorder on the surface or by | 4 | | personally recording the report. The recorder or mine examiner | 5 | | shall record the report in a book or computer system that is | 6 | | provided by the operator for that purpose, and the book or | 7 | | computer system shall be secure and not susceptible to | 8 | | alteration. The examination report is for the information of | 9 | | the
company, the State Mine Inspector, and all other persons | 10 | | interested; and
this report shall be recorded before the miners | 11 | | are permitted to enter the mine. If the examination report is | 12 | | called out by the mine examiner to a recorder, the recorder | 13 | | must place his or her signature, certificate number, and date | 14 | | in the book or computer system before the miners are permitted | 15 | | to
enter the mine. If the examination report is called out, the | 16 | | mine examiner shall verify the report by the mine examiner's | 17 | | his signature, certificate number, and date by or at the end of | 18 | | his or her shift. If the mine examiner finds an omission or | 19 | | error in the report, the report shall be corrected and the mine | 20 | | examiner he must immediately notify the shift mine manager of | 21 | | the omission or error.
| 22 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 23 | | (225 ILCS 705/6.11) (from Ch. 96 1/2, par. 611)
| 24 | | Sec. 6.11.
Should any dangerous conditions be found as | 25 | | described in Section
6.09, the mine inspector he shall |
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| 1 | | immediately notify the shift mine manager,
setting forth the | 2 | | nature of the conditions found and the location of same.
| 3 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 4 | | (225 ILCS 705/6.12) (from Ch. 96 1/2, par. 612)
| 5 | | Sec. 6.12.
It shall be unlawful for the operator of any | 6 | | mine to have in his
service as a mine examiner any person who | 7 | | does not hold a certificate of
competency issued by the Mining | 8 | | Board except that anyone holding a mine
manager's certificate | 9 | | may serve as a mine examiner. The mine manager shall not act in | 10 | | the capacity
of mine examiner while acting as mine manager. | 11 | | However, whenever any
exigency arises by which it is impossible | 12 | | for any operator to secure the
immediate services of a | 13 | | certificated examiner, the mine examiner he may employ any
| 14 | | trustworthy and experienced person man of the mine inspection | 15 | | district to act as
temporary mine examiner for a period not | 16 | | exceeding 7 days, and with the
approval of the State Mine | 17 | | Inspector of the district, for a further period
not exceeding | 18 | | 23 days. The employment of persons who do not hold
certificates | 19 | | as mine examiners shall in no case exceed the limit of time
| 20 | | specified herein, and the State Mine Inspector shall not | 21 | | approve of the
employment of such persons beyond the 23 day | 22 | | limit.
| 23 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 24 | | (225 ILCS 705/6.14) (from Ch. 96 1/2, par. 614)
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| 1 | | Sec. 6.14.
The certificate of any mine examiner may be | 2 | | cancelled and revoked
by the Mining Board upon notice and | 3 | | hearing as hereinafter provided, if it
shall be established in | 4 | | the judgment of the Mining Board that the holder
thereof has | 5 | | obtained said certificate by fraud or misrepresentation of the | 6 | | mine examiner's his
experience or has become unworthy to hold | 7 | | said certificate by reason of
violation of the law, intemperate | 8 | | habits, incapacity, abuse of authority or
for any other cause. | 9 | | However, any person against whom charges or complaints
are made | 10 | | hereunder shall have the right to appear before the Mining | 11 | | Board
and defend himself or herself against said charges, and | 12 | | the mine examiner he shall have 15 days' notice
in writing of | 13 | | such charges previous to such hearing. The Mining Board, in
its | 14 | | discretion, may suspend the certificate of any person charged | 15 | | as
aforesaid, pending such hearing, but the hearing shall not | 16 | | be unreasonably
deferred.
| 17 | | (Source: Laws 1953, p. 701.)
| 18 | | (225 ILCS 705/7.02) (from Ch. 96 1/2, par. 702)
| 19 | | Sec. 7.02.
Each applicant for a certificate of competency | 20 | | as electrical
hoisting engineer shall produce evidence | 21 | | satisfactory to the Mining Board
that the applicant he is a | 22 | | citizen of the United States, at least 21 years of age, that | 23 | | the applicant
he has had two years' experience with electrical | 24 | | hoisting equipment, or
has completed a training course in | 25 | | operation and maintenance of electrical
hoisting machinery |
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| 1 | | approved by the Mining Board and is of good repute and
| 2 | | temperate habits. The applicant He shall pass an examination as | 3 | | to the applicant's his practical and technical
knowledge of the | 4 | | construction of same, the care and adjustment of electrical
| 5 | | hoisting engines, the management and efficiency of electric | 6 | | pumps, ropes
and winding apparatus and as to the applicant's | 7 | | his knowledge of the laws of this State
in relation to signals | 8 | | and the hoisting and lowering of people men at mines.
| 9 | | (Source: P.A. 79-876.)
| 10 | | (225 ILCS 705/7.04) (from Ch. 96 1/2, par. 704)
| 11 | | Sec. 7.04.
The Mining Board may grant a permit to operate a | 12 | | second motion
engine, or internal combustion engine, at any | 13 | | mine employing not more than
10 people men , to any person | 14 | | recommended to the Mining Board by the State Mine
Inspector of | 15 | | the district. The applicant for such permit shall have filed
| 16 | | with the Mining Board satisfactory evidence that the applicant | 17 | | he is a citizen of the
United States, that the applicant he has | 18 | | had at least one year of experience in operating
a steam | 19 | | engine, steam boiler, or internal combustion engine and | 20 | | understands
the handling and care of the same. Such application | 21 | | shall be accompanied by
a statement from at least three persons | 22 | | who will testify from their
personal knowledge of the applicant | 23 | | that the applicant he is a man of good repute and
personal | 24 | | habits, and that the applicant he has , in their judgment, has a | 25 | | knowledge of and
experience in handling boilers and engines as |
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| 1 | | required in this Section section .
Such permit shall apply only | 2 | | to the mine for which it was issued, and for a
period not to | 3 | | exceed one year, except such permit, when it expires, may be
| 4 | | renewed by the Mining Board from year to year if the person | 5 | | holding same
requests renewal, and certifies by sworn statement | 6 | | that all the
circumstances and conditions are the same as when | 7 | | said permit was
originally issued.
| 8 | | (Source: Laws 1957, p. 2413.)
| 9 | | (225 ILCS 705/7.05) (from Ch. 96 1/2, par. 705)
| 10 | | Sec. 7.05.
The certificate of any hoisting engineer may be | 11 | | cancelled and
revoked by the Mining Board upon notice and | 12 | | hearing as hereinafter
provided, if it shall be established in | 13 | | the judgment of said Mining Board
that the holder thereof has | 14 | | obtained said certificate by fraud or
misrepresentation of the | 15 | | hoisting engineer's his experience or has become unworthy to | 16 | | hold said
certificate by reason of violation of the law, | 17 | | intemperate habits,
incapacity, abuse of authority or for any | 18 | | other cause. However, any person
against whom charges or | 19 | | complaints are made hereunder shall have the right
to appear | 20 | | before the Mining Board and defend himself or herself against | 21 | | said charges,
and the hoisting engineer he shall have 15 days' | 22 | | notice in writing of such charges previous to
such hearing. The | 23 | | Mining Board, in its discretion, may suspend the
certificate of | 24 | | any person charged as aforesaid, pending such hearing, but
said | 25 | | hearing shall not be unreasonably deferred.
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| 1 | | (Source: Laws 1953, p. 701.)
| 2 | | (225 ILCS 705/7.12) (from Ch. 96 1/2, par. 712)
| 3 | | Sec. 7.12.
At every mine where people men are hoisted and | 4 | | lowered by machinery
there shall be provided means of signaling | 5 | | to and from the bottom people man , the
top person, man and the | 6 | | engineer. The signal system shall consist of a tube, or
tubes, | 7 | | or wire encased in wood or iron pipes, through which signals | 8 | | shall
be communicated by electricity, compressed air or other | 9 | | pneumatic devices
or by ringing a bell. When compressed air or | 10 | | other pneumatic devices are
used for signaling, provision must | 11 | | be made to prevent signal from repeating
or reversing.
| 12 | | (Source: Laws 1953, p. 701.)
| 13 | | (225 ILCS 705/7.14) (from Ch. 96 1/2, par. 714)
| 14 | | Sec. 7.14. Where a hoisting engineer is required by law, | 15 | | the hoisting engineer he shall:
| 16 | | 1. Be in constant attendance at his or her engine, or | 17 | | boilers, at all times
when there are workers underground. When | 18 | | it is the duty of the engineer
to attend to the boilers, means | 19 | | for signaling from the shaft bottom to
the boiler room shall be | 20 | | provided.
| 21 | | 2. Not permit anyone except duly authorized persons to | 22 | | enter the
engine room; nor converse with any person while his | 23 | | or her engine is in
operation, or while his or her attention is | 24 | | occupied with the signals.
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| 1 | | 3. Thoroughly understand the established code of signals, | 2 | | and , when the hoisting engineer
he has the signal that people | 3 | | men are on the cage , the hoisting engineer he shall not operate | 4 | | his or her
engine to exceed the rate of speed provided in | 5 | | Section 7.18 except as
permitted by the State Mine Inspector.
| 6 | | 4. Not permit anyone to handle, except in the official | 7 | | discharge of
duty, any machinery under his or her charge; nor | 8 | | permit anyone who is not a
certified engineer to operate his or | 9 | | her engine, except for the purpose of
teaching an apprentice to | 10 | | operate the engine, and then only in the hoisting engineer's | 11 | | his
presence and when people men are not on the cage.
| 12 | | (Source: P.A. 81-992.)
| 13 | | (225 ILCS 705/7.17) (from Ch. 96 1/2, par. 717)
| 14 | | Sec. 7.17.
At every shaft where people men are hoisted or | 15 | | lowered by machinery, the
operator shall station a competent | 16 | | person man at the top and at the bottom of the
shaft who shall | 17 | | attend to signals, and be empowered to preserve order and
| 18 | | enforce the rules governing the carriage of men on cages. The | 19 | | top person man and
bottom person man shall be at their | 20 | | respective posts of duty a sufficient length
of time before | 21 | | hoisting of coal begins in the morning and after the
hoisting | 22 | | of coal ceases for the day, to properly perform their duties as
| 23 | | provided for in this Section.
| 24 | | (Source: Laws 1953, p. 701.)
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| 1 | | (225 ILCS 705/8.09) (from Ch. 96 1/2, par. 809)
| 2 | | Sec. 8.09.
A first class certificate of competency shall be | 3 | | issued to
any person under this Article who can produce | 4 | | satisfactory evidence to
the Miners' Examining Board of having | 5 | | had not less than one 1 year
experience as a worker on coal | 6 | | producing sections of a coal mine and
having had an opportunity | 7 | | during that year of observing and helping to
perform all the | 8 | | work required in that section and also to learn the
| 9 | | fundamentals of roof control, testing of top, and testing for | 10 | | gas, which
could be accomplished by the cooperation of | 11 | | management and workers, and
that the person he has completed a | 12 | | course in first aid for the injured.
| 13 | | A first class certificate of competency shall also be | 14 | | issued to any
person under this Article who can produce | 15 | | satisfactory evidence to the
Miners' Examining Board of having | 16 | | been employed as a worker or a trainee
in an underground coal | 17 | | mine for a period not less than 6 months and
having had an | 18 | | opportunity during that 6 months of observing and helping
to | 19 | | perform work required on a coal-producing coal producing | 20 | | section and also to learn
the fundamentals of ventilation, roof | 21 | | control, testing of rib and roof,
and testing for gas, and that | 22 | | the person he has completed a course in first aid for
the | 23 | | injured, and possesses a two-year Associate in Applied Science
| 24 | | Degree in Coal Mining Technology or a degree in Engineering | 25 | | from an
approved school or college, or university.
| 26 | | (Source: P.A. 85-1333.)
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| 1 | | (225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)
| 2 | | Sec. 8.11.
In no case shall an applicant for certificate of | 3 | | competency be
deemed competent unless the applicant he appears | 4 | | in person before the Miners' Examining
Board and orally answers | 5 | | intelligently and correctly practical questions,
propounded to | 6 | | the applicant him by said Board, pertaining to the requirements | 7 | | and
qualifications of a practical miner.
| 8 | | (Source: Laws 1955, p. 2012.)
| 9 | | (225 ILCS 705/8.19) (from Ch. 96 1/2, par. 819)
| 10 | | Sec. 8.19.
It shall be unlawful for any member of the | 11 | | Miners' Examining Board to issue
any certificate of competency | 12 | | pursuant to this Section when that person he knows or
has | 13 | | reason to know that
the applicant fails to meet any of the | 14 | | requirements for the certificate.
| 15 | | (Source: P.A. 79-460.)
| 16 | | (225 ILCS 705/8.21) (from Ch. 96 1/2, par. 821)
| 17 | | Sec. 8.21.
Any person who applies for a certificate of | 18 | | competency provided
in this Article shall cause to be posted in | 19 | | a conspicuous place available to
all employees on the premises | 20 | | of the mine at which the applicant he is employed a copy
of the | 21 | | applicant's his application for such certificate. The employer | 22 | | of such persons shall
provide a suitable location for such | 23 | | posting. The application shall be posted
for a period of 30 |
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| 1 | | days from the date of such application.
This posting | 2 | | requirement shall be in addition to the requirements of
Section | 3 | | 3.07 of this Act which shall apply fully to certificates | 4 | | applied
for and issued under this Article.
| 5 | | (Source: P.A. 85-1333.)
| 6 | | (225 ILCS 705/9.02) (from Ch. 96 1/2, par. 902)
| 7 | | Sec. 9.02.
Before any person may be permitted to work in | 8 | | any mine , he or she must
furnish, to the mine manager or other | 9 | | official, an affidavit from that person's his
parent or | 10 | | guardian or next of kin, sworn and subscribed to before a | 11 | | notary
public, that the person he is 18 or more years of age or | 12 | | older .
| 13 | | (Source: P.A. 79-876.)
| 14 | | (225 ILCS 705/10.04) (from Ch. 96 1/2, par. 1004)
| 15 | | Sec. 10.04.
The State Mine Inspector shall make a personal | 16 | | investigation as to the nature and cause of all serious | 17 | | accidents in mines under the State Mine Inspector's his
| 18 | | supervision. The State Mine Inspector He shall make a record of | 19 | | the circumstances attending the
accident, as developed at the | 20 | | coroner's inquest and by the State Mine Inspector's his own | 21 | | personal
investigation. A copy of the record shall be filed | 22 | | with the Department
within 30 days following the conclusion of | 23 | | the investigation, and the
report shall thereupon become a part | 24 | | of the records of the Department. To
enable the State Mine |
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| 1 | | Inspector to make the his investigation the State Mine | 2 | | Inspector he has the power
to compel the attendance of | 3 | | witnesses , and to administer oaths or
affirmations to them.
| 4 | | (Source: P.A. 79-340.)
| 5 | | (225 ILCS 705/11.05) (from Ch. 96 1/2, par. 1105)
| 6 | | Sec. 11.05.
Whenever the superintendent of any station | 7 | | shall be notified by any responsible person that an explosion | 8 | | or accident requiring the superintendent's his services
has | 9 | | occurred at any mine in the State, the superintendent he shall | 10 | | proceed immediately with
suitable equipment and on arrival at | 11 | | the said mine shall superintend the
work of the rescue corps in | 12 | | saving life and property; and the superintendent he shall
| 13 | | co-operate with the State Mine Inspector and the management of | 14 | | the mine in
rescue work to such extent as is necessary, for the | 15 | | protection of human
life in the mine, during such time as | 16 | | members of the rescue corps are
underground and while there is | 17 | | a reasonable expectation that workers men in the
mine may be | 18 | | alive.
| 19 | | (Source: Laws 1953, p. 701.)
| 20 | | (225 ILCS 705/13.04) (from Ch. 96 1/2, par. 1304)
| 21 | | Sec. 13.04.
Every miner shall sound and thoroughly examine | 22 | | the roof of his or her working place before commencing work, | 23 | | and if the miner he finds loose rock or other
dangerous | 24 | | conditions, he or she shall not work in such dangerous place |
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| 1 | | except to
make such dangerous conditions safe.
| 2 | | (Source: Laws 1953, p. 701.)
| 3 | | (225 ILCS 705/16.10) (from Ch. 96 1/2, par. 1610)
| 4 | | Sec. 16.10.
When workers have finished their day's work, or | 5 | | have been
prevented from further work, and come to the bottom | 6 | | to be hoisted out , an
empty cage shall be given to the workers | 7 | | them for that purpose, unless there is an
available exit by | 8 | | slope or stairway and if there is no coal at the
bottom waiting | 9 | | to be hoisted. In case of an injury, or bona fide
illness, the | 10 | | worker man shall be given a cage at once.
| 11 | | (Source: P.A. 81-992.)
| 12 | | (225 ILCS 705/20.22) (from Ch. 96 1/2, par. 2022)
| 13 | | Sec. 20.22.
No person or persons shall order, command , or | 14 | | induce , by threat or
otherwise, any driller and shooter or shot | 15 | | firer to fire any unlawful shot,
or any shot which in the his | 16 | | judgment of the driller and shooter or shot firer , after due | 17 | | inspection, is not a
workmanlike, proper , and practical shot.
| 18 | | (Source: Laws 1953, p. 701.)
| 19 | | (225 ILCS 705/22.12) (from Ch. 96 1/2, par. 2212)
| 20 | | Sec. 22.12.
Man trips shall not be run in excess of the | 21 | | speed determined by
the State Mine Inspector nor shall more | 22 | | people men ride in any one car than the
number ordered by the | 23 | | State Mine Inspector except in an emergency.
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| 1 | | (Source: Laws 1953, p. 701.)
| 2 | | (225 ILCS 705/22.16) (from Ch. 96 1/2, par. 2216)
| 3 | | Sec. 22.16.
Where belts are used for transporting people | 4 | | men , a minimum clearance
of 18 inches shall be maintained.
| 5 | | (Source: Laws 1953, p. 701.)
| 6 | | (225 ILCS 705/25.04) (from Ch. 96 1/2, par. 2504)
| 7 | | Sec. 25.04.
All multi-gas detectors shall be the property | 8 | | of the operator and when
not in use shall remain in the custody | 9 | | of the mine manager or other
competent person designated by the | 10 | | mine manager him , who shall be responsible for the maintenance | 11 | | and calibration of the detectors to ensure that they are in | 12 | | safe working condition.
| 13 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 14 | | (225 ILCS 705/32.03) (from Ch. 96 1/2, par. 3203)
| 15 | | Sec. 32.03.
The miners at work in any coal mine may employ | 16 | | a check weighman
at their option and at their own expense, | 17 | | whose duty it shall be to balance
the scales and see that the | 18 | | coal is properly weighed, and that a correct
account of the | 19 | | same is kept, and for this purpose the check weighman he shall | 20 | | have access at
all times to the beam box of the scales, and be | 21 | | afforded every facility for
verifying the weights while the | 22 | | weighing is being done. The check weighman
so employed by the | 23 | | miners shall be a citizen of the United States , and ,
before |
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| 1 | | entering upon his or her duties, shall make and subscribe to an | 2 | | oath before
some person duly authorized to administer oaths, | 3 | | that the check weighman he will faithfully
discharge his or her | 4 | | duties as check weighman, and such oath shall be kept
| 5 | | conspicuously posted at the place of weighing.
| 6 | | (Source: Laws 1953, p. 701.)
| 7 | | (225 ILCS 705/35.02) (from Ch. 96 1/2, par. 3502)
| 8 | | Sec. 35.02.
The State Mine Inspector shall ascertain | 9 | | whether the provisions
of Section 35.01 of this Article are | 10 | | being complied with in his or her district,
and if the State | 11 | | Mine Inspector he finds that any corporation, company, firm , or | 12 | | individual is
violating the provisions of this Article, he or | 13 | | she shall at once institute suit
in the name of the People of | 14 | | the State of Illinois, in the circuit court,
for the recovery | 15 | | of the penalty provided for in
this Article, and the State's | 16 | | Attorney of the county in which such suit is
brought, when | 17 | | notified by the State Mine Inspector, shall prosecute such
suit | 18 | | as provided by law in other State cases.
| 19 | | (Source: P.A. 79-1358.)
| 20 | | (225 ILCS 705/39.1) (from Ch. 96 1/2, par. 3901)
| 21 | | Sec. 39.1. Right of miner to refuse to operate unsafe | 22 | | equipment. It shall be unlawful to require an employee to work | 23 | | under
conditions which he or she has reasonable grounds to | 24 | | believe to be
immediately dangerous to himself or herself |
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| 1 | | beyond the normal hazards
inherent in the operation and which | 2 | | could reasonably be expected
to cause death or serious physical | 3 | | harm before the condition
or practice can be abated.
| 4 | | (Source: P.A. 79-460.)".
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