(225 ILCS 710/1) (from Ch. 96 1/2, par. 4201)
Sec. 1. Application of Act; short title; definitions.
(a) This Act shall apply to all mines in the State of Illinois producing
minerals within the meaning of that term, as hereinafter defined.
(b) This Act may be cited as the Fluorspar Mines Act.
(c) For the purpose of this Act the singular numbers when in
reference to persons, acts, objects and things of whatsoever kind and
description shall, whenever the context will permit, be taken and held
to import and include the plural number and the plural number shall
similarly be taken and held to import and include the singular, and terms
that impart the masculine gender shall be taken to impart and include the
feminine gender as well.
(d) The term "mine," when used in the Act, shall include prospects,
openings and open-cuts and workings, and shall embrace any and all parts
of the property of such "mine" and mining plant on the surface or
underground, that contribute directly or indirectly to the mining and
handling of minerals.
Provided, that when a group of workings in proximity to one another
and under one management are administered as distinct units each working
shall be considered a separate mine.
(e) The term "mineral" when used in this Act shall mean whatever is
recognized by the standard authorities as mineral, whether metalliferous
or non-metalliferous, but shall not be held to embrace or include
silica, granite, marble, salt, sand, gravel, clay, rock, coal, lignite,
gas, oil or any substance extracted in solution or in the molten state
through bore holes.
(f) The term "operator" when used in this Act shall mean the person,
firm, or body corporate, in immediate possession of any mine and its
accessories as owner or lessee thereof, and as such responsible for the
condition and management thereof.
(g) The term "superintendent" when used in this Act shall mean the
person having the immediate supervision of the mine.
(h) The term "mine foreman" when used in this Act shall mean the
person who at any one time is charged with the general direction of the
underground work.
(i) The term "inspector" when used in this Act shall signify the
official State Inspector.
(j) The words "excavation" and "workings" when used in this Act
shall signify any and all parts of a mine excavated or being excavated,
including shafts, raises, tunnels, adits, open-cuts, and all working
places, whether abandoned or in use.
(k) Whenever the expression "number of men" or "average number of
men" employed in a mine are used in this Act as defining or constituting
classes of mines to which this Act or any specific section, clauses,
provision or rule thereof, does or does not apply, such expressions
shall be construed to mean the average number of individuals employed
during the previous year as shown by the returns to the mine inspector
or by the books or pay roll of the mine, or by all of such means and
such average number shall be determined by dividing the total number of
man shifts by the number of days the mine worked during such period.
(l) The term "explosive" or "explosives" as used in this Act shall
be held to mean and to include any chemical or any mechanical mixture
that contains any oxidizing and combustible units or other ingredients
in such proportions, quantities, or packing that an ignition by fire, by
friction, by concussion, by percussion or by detonation of any part of
the compound or mixture may cause such a sudden generation of highly
heated gases that the resultant gaseous pressures are capable of producing
destructive effect on contiguous objects or of destroying life or limb.
(m) The term "person" when used in this Act shall be held to mean
and include a firm or body corporate as well as natural persons.
(n) The term "underground" as used in this Act shall be held to mean "within
the limits of" any mine working or excavation and shall not exclude such
workings or excavations as may not be covered over by rock or earth.
(o) The term "employees" and "men employed" shall be held to mean
all individuals receiving compensation from the operator, directly or
indirectly, for labor or services performed in connection with the mine
and shall include contractors, lessors, lessees, tributers, or any one
similarly employed.
(Source: P.A. 99-224, eff. 1-1-16.)
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(225 ILCS 710/2.01) (from Ch. 96 1/2, par. 4203)
Sec. 2.01.
Inspector of mines.
The Office of Inspector of Mines is
hereby created. From names certified by the Mining Board, the Director
of the Office of Mines and Minerals shall select and appoint
Inspectors as required to provide
adequate inspection of all properties coming within the regulations of this
Act. Their commissions shall be for a term of 2 years from July 1st provided
any State Inspector in actual service and in good standing who has passed one
examination under this Act may be reappointed for the next ensuing term without
further certification; and provided, further, no person shall be eligible for
appointment as a State Inspector of Mines who has pecuniary interest in any
metal or mineral mines. He or she shall be at least 30 years of age, a citizen
of the United States, a resident of the State for at least one year
previous to his or her appointment and shall have been practically engaged
in metalliferous or mineral mining for a sufficient number of years to be
familiar with mining operations above and below ground and able to pass an
examination for mine inspector before the State Mining Board. The State
Inspector shall receive as compensation the rate of pay established for coal
mine inspectors in the State of Illinois.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/3) (from Ch. 96 1/2, par. 4204)
Sec. 3. Office of Inspector of Mines.
The Office of Inspector of Mines as created by this Act shall be under the
jurisdiction of the Department of Natural Resources to the same purport and
effect as all other mining operations
provided for by law, unless otherwise provided. The Inspector of Mines
appointed hereunder shall keep an office within and as a part of the
office of the Director of the Office of Mines and Minerals, and whose
necessary employees shall be employed and paid in the same manner as is
provided for the employment and pay of the necessary employees of the State
departments under the Civil Administrative Code of Illinois, and as is provided
in Section 5-645 of the Departments of State Government Law of the Civil Administrative Code of Illinois.
(Source: P.A. 102-558, eff. 8-20-21.)
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(225 ILCS 710/4) (from Ch. 96 1/2, par. 4205)
Sec. 4.
Qualifications of inspector.
No person shall be qualified to
hold the office of inspector while that person is an employee, director, or
officer of any mining or metallurgical concern or company, or while directly or
indirectly connected with any mining or metallurgical concern or company or
copartnership operating in this State, either as partner or in any other
capacity, or while engaged in private practice as a consulting engineer. The
inspector shall devote his or her entire time to the duties of his or her
respective office, and when not engaged in metal mines or other duties in
connection therewith he or she may be assigned to any work under the
supervision of the Director of the Office of Mines and Minerals,
and it is unlawful for the
inspector to be otherwise employed by the State of Illinois or to act directly
or indirectly for or on behalf of any candidate for public office or for any
political party, or receive compensation, either directly or indirectly, from
any candidate for public office or from any political party in the State during
the term of such inspector. Failure to observe the provisions of this Section
shall render the inspector liable to immediate removal from office by the
Director of the Office of Mines and Minerals without further cause
shown and the Director of the Office of Mines and Minerals is authorized
and empowered to make removals in such cases.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/5) (from Ch. 96 1/2, par. 4206)
Sec. 5.
Record of mines.
The inspector of mines shall keep a record
of all mines, in the State, a record of all mines examined, showing the dates
of such examinations, the condition in which the mines so examined were found,
with particular reference to the safety, ventilation and sanitary condition of
each mine so examined, the manner and method of working, all violations of the
provisions of this Act found, if any, the action taken thereon, and the result
of such action, together with recommendations made in the cases of each mine
examiner by the inspector and any other data or information pertaining to his
or her office and acquired during the carrying out of this Act.
(Source: P.A. 87-1133.)
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(225 ILCS 710/6.01) (from Ch. 96 1/2, par. 4208)
Sec. 6.01.
Monthly report.
It is hereby the duty of the operator of
each mine to forward to the Department of Natural Resources, not later than the
15th day of each month a report in writing on a
form supplied by the Department of Natural Resources, showing for the preceding
calendar month the tonnage of product,
the average number of people employed, and the number and
nature of fatal and all other accidents. All such reports shall be filed in
and become a part of the records of the Department of Natural Resources. Blank
forms for such reports shall be furnished by the
State.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/6.02) (from Ch. 96 1/2, par. 4209)
Sec. 6.02.
Accident reports.
In all cases, occurring in or about any mine, of
fires, appearance of dangerous gas, breakage of ropes or other gear by which
people are hoisted or lowered, overwinding while people are being hoisted,
unexpected inrush of water, threatened crushing of mine workings, or any other
accident, occurrence or change of conditions tending to increase the hazards of
mining whether or not personal injury results, a telephone report, followed by
a written report thereof signed by the operator or superintendent, shall
immediately be made to the inspector.
(Source: P.A. 87-1133.)
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(225 ILCS 710/6.03) (from Ch. 96 1/2, par. 4210)
Sec. 6.03.
A failure, neglect or refusal to make such report or give such
information as is specified in Section 6.01 or 6.02 constitutes a
misdemeanor and every such operator or superintendent so failing,
neglecting or refusing is guilty of a Class B misdemeanor and each separate
failure, neglect or refusal constitutes a separate offense. However, no
other or different report to any other department of State shall be
required of any operator of or concerning the matters required to be so
reported.
(Source: P.A. 78-255.)
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(225 ILCS 710/7.01) (from Ch. 96 1/2, par. 4212)
Sec. 7.01.
Authorized representative.
Every operator of any mine shall in
writing designate an authorized representative upon whom all reports, notices,
warnings or other documents may be served under the provisions of this Act, and
a copy of such authorization shall be filed with the Director of the
Office of Mines and Minerals and shall remain in full force until revoked
by an instrument in writing filed with such Director. Every operator or his or
her duly authorized representative shall sign by name and title on a dated line
for each report, notice or warning issued and delivered to him or her by the
Inspector of Mines.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/8) (from Ch. 96 1/2, par. 4213)
Sec. 8.
Reports confidential.
The inspector or any person employed by
such inspector or any person having access to the papers filed in the office of
said inspector, shall not make public or reveal to any person or persons,
either orally or in writing, all or any part of the contents of any report,
complaint, or document filed in the office of the inspector of mines of this
State, or reveal or make public to any person or persons any knowledge or
information in regard to the safety or physical or financial condition of any
mine, mining rights, prospect, or mining company or concern obtained by the
aforesaid inspector while in the exercise of his or her official duties.
Nothing herein contained, however, shall be construed to prevent any inspector
or any clerk or employee of such inspector, from making official reports to the
Governor or legislature of this State, to the inspector of mines, or
from giving evidence in any court of justice in this State in discharge of
his or her official duty, or from informing the operator or superintendent
of a mine in regard to findings respecting his or her particular mine.
Any violation of any of the provisions of this Section by an inspector
of mines, or any employee or clerk, shall constitute a misdemeanor and
shall be punished in accordance with the provisions of this Act.
(Source: P.A. 87-1133.)
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(225 ILCS 710/9.01) (from Ch. 96 1/2, par. 4215)
Sec. 9.01.
Duty to visit.
It shall be the duty of each inspector in each
district to personally visit every active mine not less than once every 3
months or as often as he or she deems it is necessary to assure the safety of
people employed in the mines and the general public in the vicinity thereof and
to inspect and examine into the operation, workings, timberings, safety
appliances, machinery, sanitation, ventilation, means of ingress and egress and
means taken to protect the lives and insure the safety of the miners, together
with the cause of accidents and accidental death therein; and in general to
inspect and ascertain what means are taken to comply with the provisions of
this Act. For the purpose of making such inspection and ascertaining the facts
in connection with such examination, the inspector shall have full
power and authority at all hours to enter and examine any part of any mine
or mining plant within this State, or any part of the workings, thereof,
but so as not to unnecessarily impede or obstruct the workings of the mine.
All operators and their employees shall render to the inspector such
assistance as may be necessary to enable the inspector to make such
examination.
(Source: P.A. 87-1133.)
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(225 ILCS 710/9.02) (from Ch. 96 1/2, par. 4216)
Sec. 9.02.
For the purpose of ascertaining facts in connection with any
inspection, inquiry, or examination, the inspector shall have
full power to compel the attendance of witnesses by subpoena, to take
depositions on the service of proper or usual notice to the mine owner or
operator as required in the taking of depositions, to administer oaths, and
to examine, cross-examine, and take such testimony as may be deemed
necessary for the information of the inspector.
The refusal by any person to obey a subpoena issued by the inspector, or
the wilful hindrance or obstruction by any person of
the inspector in the performance of any of his duties under this Act,
shall constitute a Class A misdemeanor and shall be punished as hereinafter
provided.
Any witness appearing before the inspector in response to a subpoena so
issued, who shall knowingly and wilfully testify falsely to any material
matter, shall be deemed guilty of perjury and upon conviction as by law
provided, shall be punished for perjury.
(Source: P.A. 91-357, eff. 7-29-99.)
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(225 ILCS 710/10) (from Ch. 96 1/2, par. 4217)
Sec. 10.
Dangerous conditions; notice; remedial action.
Whenever the
inspector finds any mine or part of any mine in an
unsafe condition by reason of any violation of any of the rules or
provisions of this Act, or in a condition dangerous or detrimental to the
life or health of those employed therein for the same reason or by reason
of defects in timbering or other means of support, in mining, in
ventilation, or in sanitation, it is the duty of the inspector at once to
serve or cause to be served a notice in writing on the operator or
superintendent of the mine or on the person designated by the operator for
service in accordance with Section 7.01 of this Act, and the notice shall
set forth in detail the nature and extent of the defects that render the
mine or part of the mine unsafe, dangerous, or detrimental to the life or
health of those employed therein, together with the point or place in the
mine or in the workings of the mine where the defects exist, and the notice
shall require the necessary changes to be made in the mine or part of the
mine without delay and within a specified time, in the discretion of the
inspector, as will make the same conform to the provisions of this Act. The
inspector shall post a copy of the notice on the property of the mine, on a
display board in the change house or in a place where it will be open and
visible to all the employees of the mine.
If it appears from a re-examination of the mine by the inspector that
the necessary changes have not been made within the time specified in the
notice, and that the mine or part of the mine is still in a condition
dangerous to life or health, and in the opinion of the inspector it is
necessary for the safety of the life or health of the employees in the mine
or part of the mine that the same be vacated, the inspector is empowered to
order work stopped in any part of the mine, or in the entire mine, and to
order the immediate withdrawal of any and all employees from the danger
area. The inspector shall then immediately notify the Director of the
Office of Mines and Minerals of the situation and the
inspector may
institute an action for an injunction in the circuit court, in the
name of the People of the State of Illinois, on the relation of
the inspector, to restrain the operation and working of the mine or part
of the mine, and the entrance of employees therein for purposes other than
to remedy the defects complained of until the provisions of this Act are
complied with, and the mine or part thereof is made safe for the employees
therein; and the plaintiff in the action, without bond, and upon ex parte
affidavits made by the inspector showing in detail the nature and extent of the
defects that in the affiant's opinion, render the mine or part of the mine
unsafe or detrimental to the life or health of those employed therein, and
stating that the mine, or part of the mine, is, in the opinion of the affiant,
in a condition dangerous to the life or health, may, pending the trial of the
action, procure a temporary restraining order or preliminary injunction from
any circuit court if in the opinion of the court, the facts warrant the
granting of such injunctive relief, enjoining the operation and working of the
mine, or part of the mine, and the entrance of employees therein, except for
the purpose of remedying the defects complained of, until the further order of
the court.
However, the defendants in the actions have the same opportunity to be
heard upon motion to vacate or dissolve such temporary restraining
order or preliminary injunctions as defendants have in any actions brought
in this State in which such injunctive relief may be granted.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/11) (from Ch. 96 1/2, par. 4218)
Sec. 11.
Refusal to allow inspection; court order.
If the operator of
any mine within the State shall fail or refuse to permit, or shall impede such
inspection as is provided in Sections 9.01, 9.02 and 10 of this Act, the
Department of Natural Resources may file its
affidavit setting forth such
refusal before any judge of the circuit court of the judicial circuit in which
said mine is situated, or at the option of the Department of Natural
Resources, in the county in which is situated the
general office of the
corporation owning or operating the mine and obtain an order directed to such
operator so refusing as aforesaid, commanding him or her to permit and furnish
all necessary facilities for the entering, examination, or inspection of such
mine or to be adjudged to stand in contempt of court and be punished
accordingly.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/12) (from Ch. 96 1/2, par. 4219)
Sec. 12.
It shall be the duty of the inspector, after every inspection of
any mine or parts of any mine, as provided in this Act, to enter forthwith
in a book to be kept at the mine and designated as the "record of
inspection" the parts of the mine so inspected, the nature of such
inspection, and every illegal defect observed in the state and condition of
the mine, machinery and appliances; but nothing contained in or omitted
from such entry shall limit or affect the duty and obligation of the owner
or operator of such mine under this Act. Such "record of inspection" shall
be open at all reasonable times to the examination of the inspector or to
the examination of any person employed at the mine.
Provided, however, that such records shall not be in lieu of, or a
substitute for, the notice required to be served by section 10 of this
Act.
(Source: Laws 1921, p. 525.)
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(225 ILCS 710/13) (from Ch. 96 1/2, par. 4220)
Sec. 13.
Employees complaint; inspection.
Whenever the inspector
receives a complaint in writing, signed by 5 or more persons employed in a
mine, setting forth that the mine in which they are working is being operated
contrary to law and is in any respect dangerous to the health and lives of
those employed therein, the inspector shall in person examine such mine as soon
as possible. The names of the persons making such complaint shall be kept
secret by the inspector, unless permission to disclose them be expressly
granted by the persons making the complaint.
Such complaint, shall in all cases, set forth the alleged violation of
law observed, the nature of the danger existing at the mine, and the time
when such violation or danger was first observed. If on inspection the
inspector finds the conditions, in his or her opinion, dangerous to the
health and lives of those employed therein, by reason of any violation of any
of the provisions and rules of this Act, the inspector shall serve or cause to
be served a notice setting forth fully the facts upon which his or her opinion
is based, as provided in Section 10 of this Act.
It shall be the duty of the inspector to forward every such original
complaint so received to the Office of Mines and
Minerals, where it shall be indexed and filed among the official papers of the
Office.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/14) (from Ch. 96 1/2, par. 4221)
Sec. 14.
Serious accident; notice.
Whenever a serious accident occurs
in or about any mine, notice thereof shall be given promptly by telephone or
telegraph, followed by a notice in writing, to the inspector by the
superintendent or other person having immediate charge of the work at the time
of the accident. The words "serious accident" shall be construed to mean, for
the purposes of this Act, accidents resulting in such injuries as, in the
opinion of an accredited physician, may result in the injured person being
incapacitated from work for at least 14 days. Upon receiving such notice the
inspector shall, if feasible and if the nature of the accident shows it to be
necessary, proceed to the scene of the accident with all convenient speed and
investigate fully the cause of the accident, and, within 20 days thereafter,
shall file the result of such investigation as a report in the office of the
inspector. Whenever the inspector cannot proceed as above to the scene of the
accident, the person in charge of the mine shall be so informed by the
inspector and such person in charge shall obtain sworn statements of those who
witnessed the accident, or if no one was present at the time of such accident
the person in charge shall obtain the sworn statement of those
first arriving upon the scene. Such statements shall give, as far as
possible, the details of the accident, the facts leading up to it, and its
probable cause; such sworn statements shall immediately thereafter be sent
to the inspector, who shall file the same in his office as public records.
(Source: P.A. 87-1133.)
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(225 ILCS 710/15) (from Ch. 96 1/2, par. 4222)
Sec. 15.
The superintendent shall post or cause to be posted an emergency
organization chart or plan in a conspicuous place on each mine property
designating the duties of various employees and listing mine rescue
stations, hospitals, doctors, etc., to be called in case of fire,
explosion, flood, cave-in or other emergency. Whenever loss of life occurs
from accident in or about a mine, and when death results from personal
injury, the superintendent or other person having immediate charge of the
work at the time of the accident shall give notice to the inspector
promptly by telephone or telegraph, followed by a notice in writing, after
knowledge of death comes.
Whenever possible, the inspector shall be present at the coroner's
inquest held over the remains of a person killed in or about a mine. Due
notice of an intended inquest to be held by the coroner shall be given by
the coroner to the inspector, and at such inquest the inspector shall have
the right to examine and cross-examine witnesses, and such examination
shall be part of the records of such inquest. If, at any inquest held over
the body or bodies of persons whose death was caused by an accident in or
about the mine, the inspector be not present, and it be found from the
evidence given at the inquest that the accident was caused by neglect or by
any defect in or about the mine, or because the mine was operated contrary
to the provisions of this Act, the coroner shall send notice in writing
to said inspector of such reported neglect or default; and the said
inspector shall immediately take steps to have an investigation made of the
same. The coroner before whom such an inquest is held shall promptly file
with the inspector of mines a copy of the testimony taken thereat and a
copy of the verdict rendered by the coroner's jury.
(Source: Laws 1945, p. 1035.)
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(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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(225 ILCS 710/17) (from Ch. 96 1/2, par. 4224)
Sec. 17.
Report to Governor and General Assembly.
It shall be the
duty of the inspector of mines within 3 months after January 1, in each year to
make a report directed to the Governor and legislature of this State, giving a
statistical summary and report of the work of the inspector of mines during the
previous year ended December 31. Such report shall contain a statement showing
the number of people employed in each mine in the State, stating separately the
number of people employed above ground and underground, the number and nature
of fatal and serious accidents occurring in each mine, the number of
inspections made, complaints filed, inquests attended, mines ordered to be
vacated, violations found, and any other information deemed important and
relevant by the inspector of mines, together with such
recommendations as, in the judgment of the inspector of mines, are
necessary or desirable to the carrying out of this Act and to insure the
health and safety of the workers employed within the mines, subject to
the provisions of this Act. Such report shall be published in and made a
part of the annual coal report.
(Source: P.A. 87-1133.)
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(225 ILCS 710/18) (from Ch. 96 1/2, par. 4225)
Sec. 18.
Superintendent; appointment.
The operator of every mine
shall appoint a person who shall be personally in charge of the mine and the
performance of the work done therein, who shall be designated as the
"superintendent." Provided, however, that nothing herein contained shall
prevent the owner or operator of any mine from personally filling the office of
superintendent.
The superintendent of every mine shall inspect or cause some competent
person or persons appointed by him or her to inspect all mining appliances,
boilers, engines, magazines, shafts, shaft-houses, underground workings,
roofs, pillars, timbers, explosives, bell ropes, speaking tubes,
telephones, tracks, ladders, dry closets, and all parts and appliances of
said mine in actual use, and any such person or persons appointed by the
said superintendent shall at once report any defects therein to the
superintendent. It shall be the duty of the superintendent upon
ascertaining such defects to take immediate steps to remedy the same so as
to make the same comply with the provisions of this Act, and he or she shall
forthwith notify the operator of said mine of the existence of such
defects. It shall be the duty of the superintendent to appoint a competent
person to have full charge, under the direction of the superintendent, of
every magazine containing explosives situated on such mining property, and
to make such other appointments and perform such other duties as are
provided by this Act to be performed by such superintendent.
(Source: P.A. 87-1133.)
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(225 ILCS 710/19) (from Ch. 96 1/2, par. 4226)
Sec. 19.
Mine foreman; appointment.
Each superintendent shall appoint a
person who shall be in charge of the development of the underground workings of
all mines under the supervision of such superintendent and who shall direct the
work of the people employed underground therein, who shall be designated as the
"mine foreman": provided, however, that nothing herein contained shall be
construed to prevent the superintendent of any mine from also filling the
position of the mine foreman upon obtaining a certificate of competency as
hereinafter provided.
Such mine foreman shall be personally in charge of the development of
the underground workings and shall personally direct the work of the people
underground, except, that if more than one mine is under the supervision of
the superintendent appointing such mine foreman, then such mine foreman may
be placed in charge of all such mines and may appoint competent assistant
mine foremen and delegate to them such of his or her duties or personal
supervision and direction as are warranted by the circumstances.
It shall be unlawful for the operator of any mine to have in his or her
service as mine foreman, any person who does not hold a certificate of
competency issued by the Mining Board of the Department of Natural
Resources, provided however, that in case an emergency
or exigency arises by
virtue of which it is impossible for an operator to obtain the services of a
certified mine foreman, a trustworthy and experienced person may be appointed
temporarily as mine foreman for the duration of such emergency or exigency.
Each applicant for a certificate of competency as a mine foreman shall produce
evidence satisfactory to the board that he or she is a citizen of the United
States, is at least 24 years of age, has had at least 4 years' practical mining
experience, and is of good repute and temperate habits; provided, however, that
graduation from an accredited engineering school shall be equivalent to 2 of
the 4 years' required mining experience. Any applicant who is not a graduate
of
an accredited engineering school shall also pass an examination as to
experience in mines and in the management of people, knowledge of mine
machinery and appliances, the principles of ventilation and of first aid to the
injured and of mine rescue methods and appliances. An applicant who is a
graduate of an accredited engineering school may not be required to take such
examination.
Notwithstanding the foregoing provision, a certificate of competency
shall be issued to all mine foremen who, on the effective date of this Act, are
employed by any mining companies as mine foremen.
The failure of a superintendent to appoint a mine foreman as provided in
this Section or the neglect or failure of a superintendent to appoint
another in his or her place, in the event of said mine foreman vacating or
losing his or her position for any cause, shall constitute a Class A
misdemeanor, and shall be punished as hereinafter provided. Such appointment
shall be made in writing and it shall be the duty of such superintendent to
post a notice of such appointment or re-appointment immediately after the same
shall have been made, in at least 2 conspicuous places about said mine and
notice of such appointment or any reappointment shall be mailed immediately
thereafter to the inspector of mines.
The mine foreman shall see that the regulations provided herein for
insuring the safety of all people employed in such mine are carried out; he
or she immediately report to the superintendent of the mine any violations
or infringements of this Act observed by him or her within the mine, and shall
take immediate steps to remedy the same. He or she shall warn all employees of
danger to life or limb observed by him or her within the mine and shall not
knowingly permit any person to work in an unsafe place, except for the
purpose of making it safe or when work in such a place is necessary and
unavoidable; and shall supervise the miners in the performance of their
work.
It shall be the duty of the mine foreman to see that the number and
identity of people going underground on every shift is established by the
introduction and maintenance of an efficient life check system.
(Source: P.A. 89-455, eff. 2-7-96.)
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(225 ILCS 710/20) (from Ch. 96 1/2, par. 4227)
Sec. 20.
Qualified mining engineer.
The operator of every mine shall
appoint a qualified mining engineer either in an operating or consulting
capacity whose duties shall be to examine into all mining operations within the
limits of the mine and correct same whenever necessary so as to conform to
recognized safe mining practice.
Provided, however, that nothing herein contained shall prevent the owner
or operator of any mine, or his appointed superintendent, from personally
filling the office of mining engineer.
The term "qualified mining engineer," when used in this Act, shall mean
a person with at least 10 years practical experience in metalliferous or
mineral mining, 5 of which shall have been in responsible charge
of such operations.
Provided, that active membership in the American Institute of Mining and
Metallurgical Engineers shall count as 6 years of practical experience or
3 years in charge of operations.
And, provided further, that a certificate of graduation from a
recognized mining college shall count as two years of practical experience.
(Source: P.A. 87-1133.)
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(225 ILCS 710/21) (from Ch. 96 1/2, par. 4228)
Sec. 21.
It shall be the duty of any operator, superintendent, mine
foreman or any one in charge of any mine to keep at such places about
the mine as may be designated by the inspector, a stretcher, a woolen
blanket and a waterproof blanket in good condition for use in carrying
any person who may be injured at the time. When more than 100 persons
are employed two stretchers, two woolen blankets and two waterproof
blankets shall be kept. At all mines an adequate supply of materials
shall be kept readily accessible for the treatment of any one injured
and shall include at least two all-purpose gas masks; sufficient
waterproof unit type first-aid kits equipped with units consisting of
extra long gauze bandages with compresses sewed in their centers;
triangular bandages with methods of application printed thereon and one
card of instructions; large first-aid dressings for wounds; packages of
sterilized gauze; assorted bandages; United States Army tourniquet;
materials for burn treatment approved by the Department of Natural
Resources; wooden or wire gauze splints; packages of
absorbent cotton;
shears; tweezers; aromatic spirits of ammonia; paper cups; first aid
book of instructions; soap; basins, towels. In all mines a first-aid
corps shall be organized, consisting of a foreman, shift bosses, and any
other employees who may be designated by the superintendent. It shall be
the duty of the operator or superintendent of the mine to cause the
organization of such employees into a first-aid corps and to procure the
service of a competent person to instruct the members of such first-aid
corps from time to time, but not less than once in each three months, in
the proper handling and treatment of persons before the arrival of a
physician.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/22) (from Ch. 96 1/2, par. 4229)
Sec. 22.
The operator of every mine shall make and maintain, or cause to be
made or maintained by a competent mining engineer or surveyor, a clear and
accurate map or maps, with sections, if necessary, showing all the working
of such mine. Such map shall be filed with the Department of Natural
Resources and shall be brought up to date by such
operator at one year intervals from the date it is filed. Such map or maps
shall show all excavations, all parts of said mine that have been worked out or
abandoned, and all underground workings.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/23) (from Ch. 96 1/2, par. 4230)
Sec. 23.
Failure to make maps.
Whenever any operator of any mine
shall neglect or refuse to make such map of the workings of any such mine for
a period of 3 months after the receipt of written notice so to do by the
inspector, or shall fail to add or cause to be added to such map at least once
in every 6 months representation of all excavations made within said period,
then and in either of such events, the inspector is hereby authorized to cause
a correct survey and map of such mine to be made at the expense of the operator
thereof, and the cost of which shall be recoverable by law. The amount advanced
by the inspector for making any map as provided in this section shall be
considered as part of the expense of his or her office and shall be paid as
such.
(Source: P.A. 87-1133.)
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(225 ILCS 710/24) (from Ch. 96 1/2, par. 4231)
Sec. 24.
Storage of inflammable material.
It shall be the duty of the
operator of every mine in which oils and other dangerously inflammable
materials are used, to store such materials, or cause them to be stored in a
covered building kept solely for such storage, which building shall be at least
100 feet from any other building, shaft, tunnel, or other mine openings, and at
least 300 feet from any powder magazine: Provided, that gasoline, naphtha,
distillate, and fuel oils may be stored in a tank or tanks buried in the
ground, which tank or tanks shall be provided with proper vents, and shall be
placed at least 10 feet from any building, or 50 feet from any shaft, tunnel or
other mine openings, and at least 300 feet from any powder magazine: And
provided further, that lubricating oils may be stored in a well constructed,
covered building, which shall be at least 10 feet from any building, and 50
feet from any shaft, tunnel, or other mine opening, and at least 300 feet from
any powder magazine. No tank shall be installed from which liquid fuel is to be
conducted by gravity to the point of combustion, unless there be installed
between such tank and such point of combustion a simple and reliable cut-off
valve which shall be capable of being reached and closed within 30 seconds from
any point within the building in which such point of combustion is situated.
The person in charge of such building or tank or tanks, who shall be the
superintendent or a person expressly designated by him or her, shall permit
only sufficient oil or other inflammable material to be taken from such
building or tank or tanks to meet the requirements of one day. If any oil or
gasoline storage be so situated that leakage would permit the oil or gasoline
to flow within the above specified distances, means to prevent such flow must
be provided.
Illuminating oil shall not be stored in the underground workings of any
mine, except such quantity as is sufficient to meet the estimated
requirements of the mine during the succeeding 24 hours. No more than one
barrel of any one kind of lubricating oil shall be stored underground on
any one level at any one time. No oil, candles, explosives, timber, or
other combustible materials shall be stored at all in shaft stations or
within 50 feet thereof.
Gasoline shall not be stored underground: Provided, however, that a tank
containing gasoline and connected to the engine or other apparatus in which
it is being used shall not be construed as a storage tank. No engine or
other apparatus shall be filled with gasoline while underground.
Waste timber or old timber shall not be piled and permitted to decay in
stations, drifts, cross cuts, or other open workings in the mine, but shall
be removed from the mine as soon as practicable: Provided, however, that in
stopes or other workings, old timber may be buried in the filling material
and permitted to remain in the mine. Empty boxes, wooden chips, paper, and
combustible rubbish of all kinds shall be removed from every working place
underground at least once in every 24 hours.
Timber storage sheds or any inflammable structure shall not be placed or
permitted to remain within 75 feet of the shaft house or hoisting engine
house: Provided, however, that wooden head frames for hoisting and lowering
may be erected and operated.
All inflammable material that may be stored in any existing house or
structure erected over any shaft, tunnel, or other mine opening shall be
immediately removed, and such inflammable material shall not be stored
within 30 feet of the exterior walls of such house or structure now
existing, or that may hereafter be built.
All oily waste and waste of any kind used in and about underground
machinery shall be deposited in metal receptacles.
Calcium carbide shall be stored on the surface only in detached,
waterproof, dry, and well-ventilated buildings, and shall be contained in
the original metal packages not exceeding 100 pounds each. All such
packages, but one, in such storage place shall remain sealed except that a
new package may be opened when in the only other open package there remains
less than 1 pound of calcium carbide. No calcium carbide shall be stored
underground.
(Source: P.A. 87-1133.)
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(225 ILCS 710/25) (from Ch. 96 1/2, par. 4232)
Sec. 25.
Explosives; storage.
The term "magazine" as used in this Section
shall be held to mean and include any building or other structure or place in
which explosives are stored or kept, whether above or below ground.
Sufficient explosives may be stored within a mine to meet the estimated
requirements of such a mine during the succeeding 24 hours and an additional 24
hours' supply of explosives may be taken within the mine for the purpose of
thawing the same in accordance with the provisions of Sections 45.51 and 45.52
of this Act, but in no event shall any greater supply of explosives be taken
into or stored in the mine than is required to meet the estimated requirements
of the mine during the succeeding 48 hours. No explosives shall be kept at any
place within a mine where its accidental discharge would cut off the escape of
miners working therein.
All explosives within the mine, except in magazines, shall be kept in
stout tight boxes with hinged lids, from which explosives shall be removed
only as required for immediate use. It shall be unlawful to keep such boxes
containing explosives near any track or electric conductors or in any
manway or to permit any grains or particles of such explosives to be or
remain on the outside or about the containers in which such explosives are
held. Black blasting powder and high explosives shall not be kept in the
same box.
Not more than 75 pounds of explosives shall be kept in any one level at
any one time, except that such explosives may be stored in an underground
magazine from which supplies required for immediate use shall be
distributed to the various working places by an authorized and competent
person or persons. Such underground magazine may consist of a separate
drift or chamber, the walls of which shall be of fire proof material or of
wood covered with sheet iron. The entrance to such underground magazines
shall be kept securely locked, except when it has to be entered by the
person or persons in charge of the same.
All explosives, except detonators and fuses in excess of the temporary
supply authorized to be taken into or stored in the mines, shall be stored
in a magazine above ground which shall be placed not less than 300 feet
distant from any shaft, adit, or other mining entrance, boiler, engine
house, habitation, public highway or public railway. Provided, however,
that in cases where the location of any mining property makes it
impracticable to comply with the provisions of this Section the inspector
may grant permission in writing to the operator of such mining property, to
locate such magazine in some other place, if, in the opinion of the said
inspector, such location be not dangerous to the safety of the mine
employees or the public.
Every magazine above the ground shall be fire proof and water proof and
shall be constructed of bullet-proof material. It shall be provided with
mounds of earth, which shall be free from stones over one inch in diameter
and shall not be less than 2 feet thick on such side or sides as are in the
line with any shaft, adit, or other mine entrance, boiler, engine house,
habitation, public highway or public railway, and which are not protected
by natural features of the ground and such mound of earth or intervening
natural feature or both shall be of sufficient height so that a line drawn
from the top of any wall of the magazine to any part of the shaft, adit,
mine entrance or structure to be protected, or to a point not less than 10
feet above the center of such public railway, shall pass through such mound
of earth or intervening natural object. The floors of all such magazines
shall be laid with sound boards, free from knots, tongued and grooved and
not to exceed 6 inches in width. All nails in the interior of the magazine
shall be countersunk. The ground around such magazine shall be kept free
from rubbish, dead grass, shrubbery, or other encumbrances and no person
shall be allowed to loiter about such place. No electric wires, matches,
fire, candles, oil or gas for illuminating purposes, shall be permitted
within any surface magazine or closer than 10 feet of the explosives stored
therein.
Magazines shall be ventilated, and the openings for ventilation shall be
so constructed that sparks of fire may not enter therein, magazines shall
at all times be kept clean and dry and free from grit. Before any
alterations are made to any part thereof, all explosives shall be carefully
removed and the magazine thoroughly washed out. All tools and instruments
used in making repairs shall be of wood, copper, brass or other soft metal
or material. In no case shall nails or screws be driven into a magazine or
into material that has once formed a part of the magazine, and all wooden
parts discarded shall be burned in a safe place immediately.
All detonators shall be stored above ground in a suitable magazine or
magazines, properly protected against molestation: Provided, that a
sufficient supply for the needs of the mine during 48 hours may be stored
underground as hereinafter stated. No detonator shall be stored within 100
feet of other explosives underground or within 300 feet of other explosives
above ground. No detonator shall be taken into any magazine containing
other explosives. No fuses shall be capped with detonators in any magazine
or in any other place where detonators or other explosives are stored, but
special benches shall be provided, at least 50 feet from such storage
places, where all fuses shall be capped. Cap crimpers shall be furnished in
sufficient quantity to avoid the necessity of crimping in any other way. No
detonator shall be transported with other explosives except when made into
a primer with such other explosives. All primers shall be exploded within
10 hours after making. Not more than 1,000 detonators shall be kept
underground in any one level at any time. Fuse shall not be stored
underground for a longer period than 72 hours.
When supplies of explosives or fuse are removed from a magazine those
that have been longest in the magazine shall be taken first. Packages of
explosives shall be removed to a safe distance from the magazine before
being opened, and no such packages shall be opened with any metallic
instrument, other than copper or brass.
Any failure on the part of the operator of any mine coming within the
provisions of this Act to carry out and enforce any or all of the
requirements of this Section shall constitute a Class A misdemeanor and
shall be punished as hereinafter provided.
(Source: P.A. 87-1133.)
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(225 ILCS 710/26) (from Ch. 96 1/2, par. 4233)
Sec. 26.
It shall be unlawful for the operator or superintendent of any
mine to permit the use, within such mine of any explosives, or any blasting
caps or detonators, or fuse, unless there shall be plainly printed or
marked, in the English language, on every original package containing
explosives, the name and place of business of the manufacturer of such
explosives, the date of its manufacture and its strength; and on every
original package containing such fuse the name and place of business of the
manufacturer of such fuse, the date of its manufacture, and its rate of
burning; and on every original package containing blasting caps or
detonators the name and place of business of the manufacturer of such
blasting caps or detonators and the date of their manufacture.
(Source: Laws 1921, p. 525.)
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(225 ILCS 710/27) (from Ch. 96 1/2, par. 4234)
Sec. 27.
Blasting.
It shall be unlawful to use anything but wooden
tamping rods in tamping explosives or tamping material in the bore holes, and
it shall be the duty of the mine foreman to see that no iron or steel tools are
used for tamping. Detonators of not less strength than No. 6 containing 1 gram
of fulminating composition, shall be used in firing blasts. It shall be the
duty of the mine foreman to fix the time of all blasting and firing. Miners
about to fire shots shall cause warning to be given in every direction and all
entrances to the place or places where charges are to be fired shall be
guarded, so far as possible, by people; otherwise by signs, which shall be such
as will not fail to attract the attention of anybody passing.
The number of explosives in every blast, except in case of simultaneous
firing or blasts in stopes, shall be counted by the person firing the same,
and if the total number of explosions is less than the number of charges
fired, a report of the discrepancy shall be made as the superintendent
shall direct. When a blast has been fired and it is not certain that all
the charges have exploded, no person shall enter the place where such
charges were placed within 30 minutes after the explosion.
When electricity is used to fire shots, it shall be unlawful for any
person knowingly to enter the vicinity of the place where such shots have
been fired until the cable from the source of electrical energy to the face
of the blast shall have been disconnected. It shall be the duty of the mine
foreman to see that all such cables are disconnected immediately after such
firing and to examine or direct the examination of such place where shots
have been fired before any people are permitted to work therein. All miners
shall immediately report to the proper authority the finding of any loose
wires under or in the rock loosened by such firing and in such event the
mine foreman or, in his or her absence, the shift boss or other properly
constituted authority, shall at once order work to cease until such wires
have been disconnected or removed.
It shall be unlawful to use electricity from any grounded circuit for
firing shots. It shall be the duty of the mine foreman to see that special
precautions are taken against the shot-firing cables or wires coming into
contact with the lighting, power, or other circuits, or with any metal pipe
lines. All portable devices for generating or supplying electricity for
shot firing shall, when in the mine be in charge of the mine foreman. No
person, other than the mine foreman or some competent employee especially
designated by him or her, shall connect the firing machine or battery to the
shot firing leads, and such connection shall not be made until all other steps
preparatory to the firing of a shot shall have been connected. The primary
or secondary batteries used for shot firing shall be provided with a
suitable case in which all contacts shall be made or broken except that the
binding post for making connections to the firing leads may be outside.
These binding posts shall be completely covered with insulating material of
a permanent character, such as hard rubber, or fibre, except at the points
where the firing leads make connection with the binding posts. Such
batteries shall be provided with a detachable plug or key without which the
detonating circuit cannot be closed, or provided with one or more safety
contact buttons that are well countersunk or protected by a non-conducting
housing. The plug or key shall be detached when not actually in use for
firing a shot, and shall not under any circumstances pass from the custody
of the mine foreman.
Electricity from light or power circuits shall not be used for firing
shots in a mine, except where the electrical connections to such light or
power circuits are made within an enclosed switch room, which shall be kept
securely locked and shall be accessible only to the authorized mine foreman
or other competent person especially designated by him or her.
(Source: P.A. 87-1133.)
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(225 ILCS 710/28.01) (from Ch. 96 1/2, par. 4236)
Sec. 28.01.
Hoisting engineers.
It shall be the duty of every
superintendent of every mine having a hoisting engine to appoint and designate
one or more persons to be known as hoisting engineers. Only licensed engineers
shall be permitted to hoist or lower people in a shaft where either (1) the
hoist is driven by a motor, engine, or machine having a capacity of more than
50 horsepower, (2) such hoisting engineer is required to care for, attend, or
supervise a steam boiler in addition to his or her duties as a hoisting
engineer, or (3) the rope speed for hoisting or lowering people exceeds the
rate of 300 feet per minute. For hoisting material, and for hoisting and
lowering people in shafts other than those hereinabove specified, the hoisting
engineer need not be licensed. Hoisting engineers shall be licensed by the
Department of Natural Resources or by
an inspector designated by the Department. Such license shall be issued to, and only to, any person 21
years or more of age with actual hoisting experience of
6 months, at an average of 10 hours per week, or its equivalent, devoted to
hoisting, who has knowledge of the laws relating to signals, and is of good
moral character and temperate habits, provided, however, that whenever a
hoisting engineer is required to care for, attend or supervise a steam boiler
in addition to his or her duties as a hoisting engineer, his or her license
shall specifically state his or her capacity so to do, and in addition to the
qualifications above specified for hoisting engineers, he or she shall also
have had 2 years' experience as a fireman or engineer attending or operating a
steam boiler of a type similar to that the applicant proposes to handle, and be
able to pass an examination by the Department as to knowledge
and ability to care for, attend, or supervise
steam boilers of the type the applicant proposes to handle, and the license in
such case may be restricted to operation of particular equipment. Any
superintendent failing to appoint hoisting engineers in accordance with the
provisions of this Section shall be guilty of a violation of this Act.
Notwithstanding the foregoing provision, a license shall be issued to
every hoisting engineer who, on the effective date of this Act, was
employed as a hoisting engineer to hoist or lower people in any mine shaft
where either (1) the hoist is driven by a motor engine or machine having a
capacity of more than 50 horsepower, (2) the hoisting engineer is
required to care for, attend or supervise a steam boiler in addition to his
or her duties as a hoisting engineer, or (3) the rope speed for hoisting or
lowering people exceeds the rate of 300 feet per minute.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/29) (from Ch. 96 1/2, par. 4237)
Sec. 29.
Conveyances; rules.
The superintendent of the mine shall
establish for each shaft rates of speed for the cages, skips, buckets or other
conveyances that shall not be exceeded in the hoisting or lowering of people,
and he or she shall post a notice of such limitation in a conspicuous place
near each hoisting engine: Provided, that the speed so permitted shall not be
greater than 500 feet per minute in the case of shafts of less than 500 feet in
depth, and not greater than 800 feet per minute in the case of shafts between
500 and 1000 feet in depth, and in shafts of more than 1000 feet in depth not
more than one half the speed normally employed in hoisting material: Provided
further, that in the case of inclined shafts the classification herein made
shall be determined by the measurement of their slope.
The superintendent of the mine shall determine the maximum number of
people that in his or her judgment may safely ride on each
cage, skip, bucket, or other conveyance used in the mine under his or her
supervision and shall post in a conspicuous place near each shaft a notice
stating the maximum number of persons so permitted to ride and forbidding the
carrying of any greater number. At the beginning of each shift the mine foreman
or shift boss, or some other responsible person appointed by the
superintendent, shall be stationed on the loading platform at the top of the
shaft and shall prevent any greater number of people than that permitted by
order of the superintendent to enter upon or into any cage, skip, bucket, or
other conveyances and shall remain at this station until the last person about
to descend the shaft shall have entered the cage, skip, bucket, or other
conveyance. And at the end of the shift, the people in charge of work on each
level of the mine from which men are to be hoisted shall be posted in the
station of the shaft at that level and shall prevent any greater number of
people than the maximum permitted by the superintendent of the mine to enter
upon or into any cage, skip, bucket, or other conveyance and shall remain in
this station until the last person to ascend shall have entered upon or into
the cage, skip, bucket, or other conveyance.
In every mine operated on 2 or more levels in which 100 or more people
are employed underground and in which the people are hoisted or lowered by
cage or other conveyance except a bucket, such cage or other conveyance
shall be operated under the charge of a person appointed as conductor,
and no person other than this conductor shall give any signal for the
movement of the cage or other conveyance.
In hoisting or lowering people with a bucket, the speed, except in the
case of apprehended danger, shall not exceed 200 feet per minute when
the bucket is within 100 feet of the surface or 500 feet per minute in
any other part of the shaft.
The superintendent of the mine shall be responsible for the
enforcement of the provisions of this Section.
(Source: P.A. 87-1133.)
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(225 ILCS 710/30) (from Ch. 96 1/2, par. 4238)
Sec. 30.
Headframe for hoisting rope.
The sheave carrying the
hoisting rope shall be placed upon a headframe so designed as to resist a pull
in the direction of the hoisting engine greater than the breaking stress of the
hoisting rope employed. The headframe shall be of sufficient height to allow
room for a set of automatic safety chairs, and also for a humble hook in
connection with the hoisting rope or some equally practicable device for
releasing the hoisting rope in case of over-winding.
The operator of a mine employing more than 100 people underground shall
install upon the headframe both a rope-releasing device and a set of
automatic chairs to hold the cage, skip, or man car in case the hoisting
rope is broken or released through over-winding. Such safety chairs shall
be placed at such distance below the releasing device as will equal 3 feet
more than the height from the bottom of the cage, skip or man car to the
clevis at its top. Immediately below the sheave a strong stop shall be put
in to prevent the cage, skip or man car from being drawn over the sheave.
The operator of a mine employing more than 100 people underground shall
install in every shaft in which people are hoisted by cage, skip or man car, a
device which shall give a warning signal in the engine room whenever the
cage or skip in ascending reaches a point 100 feet below the collar of the
shaft. This device shall be independent of the usual indicator or any other
device directly connected with the hoisting engine.
Provided, however, that the rope releasing device, safety chairs, and the
warning signal required by the terms of this Section need not be installed
if the hoisting engine is equipped with a device that will automatically
stop the engine if the cage, skip, or man car passes a certain point, and
provided further that such automatic stopping device be kept constantly in
good working order.
(Source: P.A. 87-1133.)
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(225 ILCS 710/31) (from Ch. 96 1/2, par. 4239)
Sec. 31.
The following rules shall be observed by every hoisting engineer
employed within this State.
Rule 1. It shall be the duty of every hoisting engineer to keep a
careful watch over his or her engine and over all the machinery under
his or her charge.
Rule 2. He or she shall at all times be in immediate charge of his
or her engine, and shall not at any time delegate any of his or her
duties to any other person, except to apprentices duly designated, as provided
in this Act: however, nothing herein contained shall
be construed to prevent any
hoisting engineer from delegating to or sharing his or her duties with any other
duly appointed hoisting engineer, or turning over the engine and machinery
in his or her charge to any other such engineer at the end of his or her shift.
Rule 3. He or she shall familiarize himself or herself with and
use all signal codes for hoisting and lowering as directed to be used in this Act.
Rule 4. He or she shall not run his or her engine unless the same
is properly provided with brakes, indicators, and distance marks on hoisting
ropes or cables, as provided in this Act.
Rule 5. It shall be the duty of the hoisting engineers to exclude every
person from his or her engine-room, excepting any person or persons
whose duties require their presence therein, and visitors authorized by
the superintendent of the mine.
Rule 6. He or she shall hold no conversation with any one while his
or her engine is in motion or while attending to signals.
Rule 7. He or she shall run his or her engine with extreme caution
whenever persons are
being hoisted or lowered.
Rule 8. He or she shall not hoist persons out of, or lower
persons into, any mine or
shaft at a speed greater than the rate posted in the engine-room by the
superintendent of the mine.
Rule 9. He or she shall daily inspect all hoisting machinery and safety
appliances connected therewith and all ropes and hoisting apparatus, when
and as directed by the mine superintendent, and shall report to him or
her any defects found therein.
Rule 10. After any stoppage of hoisting for repairs or for any other
purpose exceeding in duration one hour, he or she shall run a bucket,
skip, cage or other conveyance, on which no persons shall ride,
up and down the working part of the shaft at least once, and shall not permit
the bucket, skip, cage, or other conveyance to be used for hoisting or lowering
persons until the
hoisting machinery and shaft shall have been found to be in safe condition.
Rule 11. He or she shall do no hoisting in any compartment of a shaft
while repairs are being made in the hoisting compartment, except, such
hoisting as may be necessary to make such repairs.
Rule 12. He or she shall land the bucket, skip, cage, or other conveyance
either at the top or at the bottom of the shaft before turning over the
charge of the engine to his or her relief at change of shift, or at any other time.
Rule 13. Upon receiving the blasting signal the engineer shall answer by
raising the bucket, skip, cage, or other conveyance a few feet and letting
it back slowly; and then upon receiving the signal of one bell he or she
shall hoist the persons away from the blast.
Rule 14. He or she shall familiarize himself or herself with and
carry out the requirements of Sections 46.04 and 46.05 of this
Act.
Rule 15. Any hoisting engineer or any person having in charge the
hoisting machinery connected with the mine who shall willfully violate any
of the provisions of this section, or any of the rules contained therein,
or who shall willfully violate any of the provisions of Sections 46.04
and 46.05 of this Act, shall upon conviction be deemed
guilty of a violation of this act and shall be liable to punishment
accordingly.
Rule 16. The superintendent shall post a copy of this section and a copy
of section 30 in a conspicuous place on the door of the engine house.
(Source: P.A. 83-333.)
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(225 ILCS 710/32) (from Ch. 96 1/2, par. 4240)
Sec. 32.
Hoisting rope; material.
It shall be unlawful to use, in any mine,
any rope or cable for hoisting or lowering either people or material, when such
hoisting or lowering is done by any means other than human or animal power,
unless such rope or cable shall be composed of metal wires, with a factor of
safety determined as hereinafter set forth. Provided, however, that such metal
wires may be laid around a hemp center.
A factor of safety of all such ropes or cables when newly installed in
shafts less than 3,000 feet deep shall in no case be less than 6 and shall
be calculated by dividing the breaking strength of the rope, as given in
the manufacturers' published tables, by the sum of the maximum load to be
hoisted, plus the total weight of the rope in the shaft when fully let out.
It shall be unlawful to use any rope or cable for the raising or
lowering of men when its factor of safety, based on its existing strength
and dead load, shall have fallen below 4.5.
It shall be unlawful to use any rope or cable of the so-called 6 by 19
standard construction for the raising or lowering of people, either when the
number of broken wires in one lay of said rope exceeds 6 or when the wires
on the crown of the strands are worn down to less than 65 per cent of their
original diameter, or when the superficial inspection provided for in this
Section shows marked designs of corrosion: Provided, however, that when
such broken wires are reduced by wear more than 30 per cent in cross
section, the number of breaks in any lay of the rope shall not exceed 3.
The superintendent of a mine shall keep a record of every hoisting rope
used at the mine or mines in his charge, noting the length and
cross-sectional dimensions of the rope, the construction of the rope, the
kind of core, the number of strands, the construction of the strands, the
number of wires per strand, the class of steel of which the wires are made,
the breaking stress of such steel, the breaking load of the rope, the name
and address of the maker, the date of manufacture, the date of purchase,
the date when put in use, the designation of the shaft and compartment in
which the rope is used, the dates of resocketing, reclipping, reclamping,
recapping, and shortening, the length of rope cut off at each such
operation; the dates of reversing ends, and the date when discarded. A copy
of this record shall be filed with the inspector of mines.
It shall be unlawful to use any hoisting rope after 3 years from the
time of its installment, irrespective of whether use of the rope in the
interval has been continuous or intermittent, unless a piece be cut off
from the socket end of said rope and subjected to an actual breaking test
in the laboratory of a responsible rope manufacturer or a testing
laboratory of recognized standing and shall be found thus to be above the
minimum limit of strength as prescribed in this Section.
Every hoisting rope whereof the hook for connecting with the skip, cage,
bucket, or other conveyance is made by means of a babbitted or zinc-filled
socket, must be re-socketed at frequent intervals, at least 6 feet of the
rope being cut off, and every rope whereof the connection be made by clamps
or clips must be reclamped or reclipped with the same frequency as herein
specified for sockets, at least 6 feet of the rope being cut off at each
time: Provided that if the expected rope life based on previous
experiences, be less than 10 months the resocketing must be done every
month. And provided further, that if the expected life be between 10 and 15
months, the resocketing must be done every 2 months; if between 15 and 21
months, the resocketing must be done every 3 months; if between 21 and 24
months, the resocketing must be done every 3 1/2 months, and if over 24
months, the resocketing must be done every 6 months.
When a new hoisting rope is installed, it must be run for at least 10
trips under full load before it is used for lowering or hoisting people and
after each resocketing, reclipping, reclamping, or recapping, every rope
shall be similarly run for at least 4 trips before it is used for lowering
or hoisting people.
All ropes shall be superficially inspected once in every 24 hours by
some competent person designated for that purpose by the superintendent. It
shall be the duty of the superintendent to cause an examination to be made
whenever a rope is resocketed, reclamped, or reclipped, by cutting off from
the lower end of such rope a section not less than 6 feet in length and
having such section carefully examined both exteriorly and interiorly for
corrosion and breaks. If upon any inspection such hoisting rope or cable
shall be found to be below the requirements set forth in this Section, it
shall be disused for such purpose forthwith, and any operator or
superintendent using or permitting the use of such hoisting rope or cable
for the purpose of hoisting or lowering people thereafter shall be deemed
guilty of a Class A misdemeanor and shall be punished as hereinafter
provided.
Every rope used for hoisting or lowering people or material shall be
securely fastened to its drum or reel and when in use shall never be fully
unwound; at least 2 full turns shall remain always on the drum or reel. The
end of the rope attached to the conveyance in the shaft shall either be
securely fastened within a tapered socket or else it shall be bound around
an oval thimble and then fastened to itself by such number of clips or
clamps as will develop at least 80 per cent of the strength of the rope and
the rope connection shall be maintained at least at that point of
efficiency.
Every hoisting rope shall be treated with oil or some suitable rope
compound at least once every month. Such compound shall be chemically
neutral and shall be of such consistency as to penetrate the strand and not
merely cover the surface of the rope.
Provided, that the terms of this Section, however, shall not apply to the
hoisting and lowering of people in shafts over 3,000 feet deep: Provided
further, that the terms of this Section shall not apply to the hoisting or
lowering of water or other materials in shafts used exclusively for that
purpose and whereof no compartment is used for the hoisting or lowering of
people. If any shaft exempted by this proviso has a compartment for pipes or
any other purpose than hoisting, and repairs or the attention of workers may be
required in such compartment, hoisting through the shaft must be suspended
while the people are in it.
The depth of incline shafts shall be taken as the vertical depth
measured from the shaft collar.
(Source: P.A. 87-895; 87-1133.)
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(225 ILCS 710/33) (from Ch. 96 1/2, par. 4241)
Sec. 33.
Iron-bonneted safety cages.
It shall be unlawful for the
operator of any mine to permit the hoisting or lowering of people through a
vertical shaft deeper than 300 feet unless an iron-bonneted safety cage be used
for the hoisting and lowering of such men, but this provision shall not apply
to shafts in process of sinking.
It shall be the duty of the operator to have all cages in which people are
hoisted and lowered used in such shafts over 300 feet deep, constructed
as follows: The bonnet shall be of 2 steel plates, 3/16 of an inch in
thickness, sloping toward each side, and so arranged that they may be readily
pushed upward to afford egress to persons therein, and such bonnet shall cover
the top of the cage in such manner as to protect persons on the cage from
objects falling into the shaft. The cage shall be provided with sheet iron
or steel side casing not less than 1/8 of an inch thick, or with a netting
composed of wire not less than 1/8 of an inch in diameter and not less than
3 1/2 feet in height, and with gates of not less than 3 1/2 feet in height
and made of the same material as the side casing, either hung on hinges
or working in slides, or with a bar in lieu of a gate, such bar being not
less than 3 1/2 nor more than 4 feet above the cage bottom. Provided, however,
that nothing herein shall be constructed as requiring the use of such gates
or bars on cages when people are not being hoisted or lowered thereon, or
when the number of people thereon does not exceed 50 per cent of the maximum
capacity of the cage, determined as provided in Section 29. Every
cage shall have overhead bars of such arrangement as to give every person on
the cage an easy and secure hand hold. Every cage shall be provided with
a safety catch of sufficient strength to hold the cage or skip with its
maximum load at any point in the shaft in the event that the hoisting cable
should break.
The failure of the operator of any mine to comply with the provisions of
this Section within 90 days after its passage shall constitute a Class A
misdemeanor and shall be punished as hereinafter provided.
(Source: P.A. 87-1133.)
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(225 ILCS 710/34) (from Ch. 96 1/2, par. 4242)
Sec. 34.
All boilers used for generating steam in and about mines shall be
kept in good order, and the operator or superintendent shall have them
examined and inspected by a qualified person, not a regular employee of
said operator, as often as once in six months, and oftener if the inspector
shall deem it necessary. Provided, that inspection by any boiler insurance
company in good standing shall be considered equivalent to an examination
by such qualified outside person. The result of such examination, of the
person making such examination, shall be certified in writing by the
operator to the inspector within 30 days thereafter. It shall be the duty
of the operator to provide each boiler with a safety valve of sufficient
area for the steam to escape, and with weights or springs properly adjusted
and with a steam gage and water gages; and another steam gage shall be
attached to the steam pipe in the engine house. All steam gages shall be
placed in such position that the engineer or fireman can readily examine
them and see what pressure is carried. All steam gages shall be kept in
good order, and shall be tested and adjusted as often as once in every six
months and their condition reported to the inspector in the same manner as
the report of the boiler inspection.
Every receiver, tank, or other receptacle, except transmission pipe,
used for storing compressed air at a greater gage pressure than 40 pounds
per square inch, which has a capacity exceeding 6 cubic feet, shall be
capable of withstanding a gage pressure of 50 per cent greater than that
normally allowed by the safety valve to exist in such receptacle. Every
such receptacle shall be inspected with the same frequency and in the same
manner as herein provided for the inspection of boilers. Every such
receptacle shall be blown out at least once in every 24 hours, so as to
remove all accumulations of grease, oil, or other material likely to cause
an explosion. In no such receptacle shall the temperature be allowed to
rise above 250 F.
It shall be the duty of the operator to carry out the provisions of this
section, and failure to comply with the provisions of this section shall
constitute a violation of this Act.
(Source: Laws 1921, p. 525.)
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(225 ILCS 710/35) (from Ch. 96 1/2, par. 4243)
Sec. 35.
All machinery used in or about the mine that when in motion would
be dangerous to persons coming in contact therewith, such as engines,
wheels, screens, shafting, gears, and belting, shall be guarded by a
covering or railing so as to prevent persons from inadvertently walking
against or falling upon the same. The sides of stairs, trestles, and
dangerous plank walks, gangways, and platforms in and around the mine shall
be provided with hand and guard railing to prevent persons from falling
over the sides. This section shall not forbid the temporary removal of a
fence, guard rail, or covering for the purpose of repairs or other
operations, if proper precaution is used, and if the fence, guard rail, or
covering be replaced immediately thereafter.
It shall be the duty of the operator to carry out the provisions of this
section, and failure to comply with the provisions of this section shall
constitute a violation of this Act.
(Source: Laws 1921, p. 525.)
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(225 ILCS 710/36) (from Ch. 96 1/2, par. 4244)
Sec. 36.
No youth under the age of 18 shall be permitted to do any manual
labor in or about any mine, and before any youth can be permitted to work
in any mine an affidavit from his or her parent or guardian or next of kin, sworn
and subscribed to before a notary public, that the youth is 18 years of age shall
be given to the mine manager or operator.
The parent, guardian or next of kin shall submit in connection with such
affidavit a certificate of birth, a baptismal certificate, a passport or
other official or religious record of the youth's age or duly attested transcript
thereof, which certificate or transcript thereof shall, for the purposes
of this Act, establish the age of the youth.
Any person swearing falsely in regard to the age of a youth shall be guilty
of perjury, and shall be punished as provided by law for that offense.
(Source: P.A. 80-357.)
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(225 ILCS 710/37) (from Ch. 96 1/2, par. 4245)
Sec. 37.
Required mine outlets.
It shall be the duty of every operator of
every mine, except as hereinafter provided, to maintain at least 2 outlets to
the surface from such mine, or an under-ground communicating passageway between
every such mine and some other neighboring mine, so that there shall be at all
times at least 2 distinct and available means of access to the surface to all
persons employed in such mine. Such outlets shall not be less than 100 feet
apart and there shall be between them a space not less than 50 feet in width
free of buildings or inflammable structures or material. Provided, however,
should unusual conditions be encountered in any mine which, in the opinion of
the Inspector, makes compliance with this Section impossible for the time being
written permission may be granted by the Department of Natural Resources to
continue operating only for the limited period of time necessary and for the
purpose only of relieving, overcoming, or removing such conditions which
prevent compliance.
Where 2 openings to the surface shall not have been provided as
aforesaid, it shall be the duty of the Inspector to order in writing,
served upon the operator or superintendent of such mine, a second opening
to be made without delay by the operator of said mine and in the event of
the operator of such mine failing forthwith to commence and prosecute the
making of a second opening within 20 days after the service of said order,
or in the event of the Inspector deeming any mine having only one such
opening to be dangerous to the lives and health of those employed therein.
The Inspector is hereby empowered to order work stopped in any part of the
mine, or in the entire mine and to order the immediate withdrawal of any
and all employees from the danger area. The Inspector shall then
immediately notify the Department of Natural Resources of the situation and it may institute an action for an injunction
to close said mine as provided for in Section 10 of this Act.
Provided, however, that as to all mines which are in operation on the
effective date of this amendment, the above requirements shall not apply in
case of (a) shafts or mines in process of being connected, to comply with
the terms of this Section; (b) shafts, winzes, adits, levels, tunnels, and
drifts to prospect for and develop mineral substances, but not for the
extraction of mineral substances, except such as may be extracted in the
course of such prospecting and development work; (c) any mine in which one
of the shafts or outlets shall have temporarily become unavailable for the
persons employed in the mine, and in which every effort is being made by
the operator in the mine to open such temporarily unavailable outlet, and
provided the same is not, in the opinion of the Inspector dangerous to life
and health of those employed therein; (d) mines having workings less than
100 feet deep and extending less than 500 feet from the shaft in any
direction, but not mines opened primarily by an adit, level, or tunnel; and
(e) mines opened by an adit, level, tunnel, or drift less than 1,000 feet
in length; and provided further, that mines opened by an inclined shaft if
less than 20 angle from the horizontal shall be considered for the purpose
of this Section and Act as equivalent to a mine opened by an adit, level,
tunnel, or drift.
Provided, further, that any prospecting or development property opened
by a timbered shaft and exempt under exception (b) from providing two
outlets to the surface shall not permit more than 50 people to work
underground at any one time, unless such shafts be provided with a water
sprinkling system.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/38) (from Ch. 96 1/2, par. 4246)
Sec. 38.
In every mine, where, under the provisions of section 38 of this
Act, only one outlet is required and where a single shaft affords the
only means of ingress and egress to persons employed underground, such
shafts if more than 200 feet deep shall be divided into at least two
compartments. One of said compartments shall be set aside for uses as a
ladderway and no hoisting conveyance shall be allowed therein. Whenever
such ladderway compartment shall be covered by a non-fireproof building, it
shall be the duty of the operator of said mine to cause said ladder-way to
be securely bulkheaded at a point at least 25 feet below the collar of the
shaft; and below this bulkhead a passageway shall be driven to the surface
so as to have its outlet in no case less than 30 feet beyond the walls of
the building covering the main shaft. The said passageway shall be equipped
with a ladderway when necessary, as provided in sections 45.32 to 45.39,
each inclusive, and shall be kept in good repair and shall afford an easy
exit in the event of fire. Every mine opened by adit, level or tunnel or by
an inclined shaft or slope of less than 20 angle from the horizontal,
which is less than 1,000 feet in length, shall have a similar side outlet.
A failure on the part of the operator of any mine coming within the
provisions of this section to carry out or cause to be carried out the
provisions of this section shall constitute a violation of this Act.
(Source: Laws 1955, p. 1791.)
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(225 ILCS 710/39) (from Ch. 96 1/2, par. 4247)
Sec. 39.
Combustible structures over shaft prohibited.
It shall be
unlawful for the operator of any mine after the
passage of this Act to erect any combustible structure over the shaft,
tunnel or other mine opening, except headframes necessary for hoisting from
such shaft or other mine opening, and the hatch or door necessary for
closing such shaft or other mine opening. Provided, however, that a housing
of noninflammable and fireproof material may be erected over any shaft,
tunnel or other mine opening to protect the people working at such point.
It shall be the duty of every operator to provide every adit, tunnel,
inclined shaft, or slope of less than 20 angle from the horizontal, the
mouth of which is covered by a building or house of any kind, with a door
near the mouth of such adit, tunnel, inclined shaft, or slope of less than
20 angle from the horizontal that can be closed from outside of the
building by a pull-wire or cable in the event of fire.
In every timbered mine in which more than 100 people are employed
underground there shall be in each drift or other working leading from any
shaft used as a manway, a metal or metal-covered door suitably hung at a
place in the drift or other working not more than 75 feet distant from the
shaft from which such working leads. Such doors shall be so set that when
closed they may be quickly made airtight, and for the purpose of sealing
them there shall be kept in close proximity to each door a suitable
quantity of moist earth or moist clay. Such door must swing inward toward
the shaft and no such door shall be fitted with any catch that will prevent
its being readily pushed open by a person from the other side.
(Source: P.A. 87-1133.)
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(225 ILCS 710/40) (from Ch. 96 1/2, par. 4248)
Sec. 40.
Outlet by ladder required.
It shall be the duty of the
operator of every mine to provide, in addition to any mechanical means of
ingress or egress, at least one means of outlet for the miners by means of
ladders from the lowest working of the mine to the surface. All ladders and
ladderways constructed after the passage of this Act shall be built as
prescribed in rules 33 to 40 of Section 46 of this Act. All ascending and
descending manways through stopes and every shaft, winze, raise or incline,
steeper than 35 degrees from the horizontal, through which people are obliged
to pass, shall be provided with ladders and ladderways as specified in this
Section: Provided, however, that where the slope of the working place is such
as to permit the installation of stairways that can be easily and safely
traversed, such stairways may be substituted for ladders.
Every exit or outlet from a mine shall be marked with signboards plainly
showing the direction to be taken wherever more than one course is
possible: Provided, however, that no signboards shall be necessary where
the exit or outlet does not branch or fork.
Every such exit or outlet shall be marked by colored electric lights
wherever signboards are required, as herein specified, and an electric
lighting circuit is available within 25 feet. Such lights shall have a
color distinct from all other underground lights.
(Source: P.A. 87-1133.)
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(225 ILCS 710/41) (from Ch. 96 1/2, par. 4249)
Sec. 41.
Ventilation.
The operator of every mine, whether operated by shaft,
slope, tunnel, adit, level, or drift, shall provide and maintain for every such
mine a good and sufficient amount of ventilation for such people and animals as
may be employed therein, and shall cause an adequate quantity of pure air to
circulate through and into all the shafts, winzes, levels and all the working
places of such mine.
(Source: P.A. 87-1133.)
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(225 ILCS 710/42) (from Ch. 96 1/2, par. 4250)
Sec. 42.
Water closets.
It shall be the duty of the operator of every
mine, for the purpose of improving the sanitation thereof and preserving the
health of those employed therein, to provide dry closets, water closets, or
closet cars upon all main working levels for the use of all men and women
employed in the mine. At least one such closet shall be provided for every 25
men employed within the mine and one for every 25 women. Ready means of access
to each closet shall be provided by the operator. No closet shall be
constructed without adequate provision for the effectual cleansing and removing
of the contents thereof, which shall be removed and disposed of at least once
in every day. It shall be the duty of the mine foreman to cause each dry closet
to be supplied with some disinfectant or deodorizer to be sprinkled upon the
contents thereof. It shall be the duty of all people employed within any mine
where such closets are provided to use such closets exclusively when in the
mine and the neglect or failure of any people employed in a mine to use such
closets when provided shall constitute a misdemeanor. The neglect or failure of
the operator of any mine to provide closets as required by this Section shall
constitute a misdemeanor: Provided, however, that this Section shall not apply
to any mine where the operator or superintendent prefers to permit the people
to go to the surface, and requires the people so to do.
Every stable or other place underground used for the housing of mules,
horses, or other animals shall be thoroughly cleaned and the waste contents
thereof removed to the surface at least every 24 hours.
It shall also be the duty of the operator of every mine to provide a
good quality of drinking water for the use of all people employed in the mine,
a supply of which shall be provided on each main working level, and it
shall be the further duty of the superintendent to cause such supply of
drinking water to be adequately protected from contamination by dust and
from promiscuous drinking from the supply vessel on the part of the people.
It shall be the duty of the inspector of mines to see that the
provisions of this Section are complied with, and in the event of
noncompliance to institute the proper proceedings under Section 50 of this Act.
The operator of every mine employing more than 50 people underground shall
provide a dressing room or change house for the purpose of drying the
clothing of the people employed in and about the mine, and such dressing
room or change house shall be provided with adequate means of heating and
lighting. Such dressing room or change house shall be available
free of cost, at all reasonable hours.
Separate dressing rooms or change houses shall be provided for men and women.
Every person employed in a mine who damages or misuses, or fails to use
when necessary, any appliances for the prevention of dust, fumes, or smoke,
or any other sanitary appliances provided by the operator shall be deemed
guilty of an offense under this Act.
(Source: P.A. 87-1133.)
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(225 ILCS 710/43) (from Ch. 96 1/2, par. 4251)
Sec. 43.
Roof inspections.
In all mines where stoping is done by the
opening of chambers, the roof thereof being supported only by the walls of the
chambers, or by pillars, it shall be the duty of the superintendent of the mine
to detail a competent person to make a frequent inspection of the roof of those
parts of the mine where people are employed, and said people so detailed shall
be charged with the duty of dislodging any slabs or rock in said roof that have
become loose. While such dislodging is being effected, the floor of the stope
immediately beneath such loose rock shall be fenced off or otherwise adequately
guarded: Provided, however, that it shall be the duty of every miner to care
for the roof of the place where he or she is working.
It shall also be the duty of the superintendent of the mine to cause
daily inspection to be made by a competent person detailed for such
purpose, of the roofs of stopes, inclined shafts, inclined winzes, and
other workings used, and of the sides of shafts and winzes when any of
these are used as traveling ways, and of the roofs of all drifts, adit
levels, tunnels, and gangways, and that the person so detailed shall make
the place safe.
(Source: P.A. 87-1133.)
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(225 ILCS 710/44) (from Ch. 96 1/2, par. 4252)
Sec. 44.
Whoever shall, while under the influence of intoxicating
liquor, enter any mine, or any of the buildings, connected with the
operation of the same where miners or other workers are employed, or
whoever shall carry intoxicating liquors into the same, shall be deemed
guilty of an offense against this Act, and upon conviction shall be
punished accordingly.
Provided, however, that nothing herein contained shall prevent the
carrying of an alcoholic spirits or liquor into such mine or buildings
for the purpose of administering to any one injured therein.
(Source: P.A. 81-992.)
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(225 ILCS 710/45.01) (from Ch. 96 1/2, par. 4254)
Sec. 45.01.
The operator and superintendent of every mine shall use
every precaution to insure the safety of the workers in the mine in all
cases, whether provided for in this Act or not.
(Source: P.A. 81-992.)
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(225 ILCS 710/45.02) (from Ch. 96 1/2, par. 4255)
Sec. 45.02.
Assistants to the foreman.
Whenever a mine foreman cannot
personally carry out the provisions of this Act, so far as they pertain to him
or her, the superintendent shall authorize him or her to employ a sufficient
number of competent persons to act as his or her assistants, who shall be
subject to his or her order, each of whom shall be known as "assistant mine
foreman", and they shall carry on the duties of the mine foreman as directed by
him or her and as prescribed in Section 20 of this Act.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.03) (from Ch. 96 1/2, par. 4256)
Sec. 45.03.
Foreman; responsibility.
The mine foreman shall have
charge of carrying out or directing the carrying out of his or her duties as
prescribed in Section 20 of this Act; and any superintendent who shall direct
or cause a mine foreman to disregard the provisions of this Act shall be
amenable in the same manner as the mine foreman.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.04) (from Ch. 96 1/2, par. 4257)
Sec. 45.04.
The mine foreman shall see that all dangerous places are properly fenced off and proper danger-signal boards are so hung on such
fencing that they may be plainly seen.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.05) (from Ch. 96 1/2, par. 4258)
Sec. 45.05.
Loading and unloading cage.
At all mines where hoisting is
done by cage from 2 or more levels a person shall be employed whose duties
shall be to load and unload the cage and to give the signals to the hoisting
engineer. The superintendent shall be responsible for the enforcement of this
rule.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.06) (from Ch. 96 1/2, par. 4259)
Sec. 45.06.
Cage tender; closing cage.
The conductor, cage tender, or
cage rider, required by the terms of Section 30 shall, when people are being
hoisted or lowered, see that the gates or bars of the cage are closed before
giving the signal to move the cage and shall be responsible for their closing.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.07) (from Ch. 96 1/2, par. 4260)
Sec. 45.07.
It shall be unlawful for any person to ride upon any cage, skip, or bucket that is loaded with tools, timber, powder or other material
except for the purpose of assisting in passing such material through a
shaft or incline, and then only after a special signal has been given.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.08) (from Ch. 96 1/2, par. 4261)
Sec. 45.08.
When tools, timber or other material are to be lowered or hoisted in a shaft, their ends, if projecting above the top of the bucket,
skip or other vehicle shall be securely fastened to the hoisting rope or to
the upper part of the vehicle and all tools, timber, or other material
loaded upon a cage shall be securely lashed or otherwise secured before
being lowered or hoisted.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.09) (from Ch. 96 1/2, par. 4262)
Sec. 45.09.
Lowering cage; prohibition.
In no case shall a cage, skip
or bucket or other vehicle be
lowered directly to the bottom of the shaft when people are working
there, but
such cage, skip or bucket or other vehicle shall be stopped at least 15
feet above the bottom of such shaft until the signal to lower farther shall
have been given to the hoisting engineer by one of the people at
the bottom of
the shaft; provided, however, that this rule shall not apply to shafts of
less than 100 feet in depth.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.10) (from Ch. 96 1/2, par. 4263)
Sec. 45.10.
Shift making operations.
During shift making operations no
other work in any other place in the shaft shall be executed, nor shall any
material or tools be hoisted or lowered from or to any other place in the shaft
while people are at work in the bottom of the shaft unless the people are
protected from the danger of falling material by a securely constructed
covering extending over the whole area of the shaft, sufficient closable
openings being left in the covering for the passage of people and the bucket or
other conveyance used in the sinking operation.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.11) (from Ch. 96 1/2, par. 4264)
Sec. 45.11.
Whims in use at or in the mine shall be provided with a suitable stopper or some other reliable device to prevent running back of the bucket
or other conveyance.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.12) (from Ch. 96 1/2, par. 4265)
Sec. 45.12.
All vertical shafts from which hoisting is done by means of a bucket shall be provided with suitable guides, and in connection with the
bucket there shall be a cross head traveling upon these guides, the heights
of which cross head shall be at least two-thirds of its width; provided,
however, that the provisions of this rule shall not be applicable to any
mine which is in operation on the effective date of this amendment.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.13) (from Ch. 96 1/2, par. 4266)
Sec. 45.13.
Every shaft, if exceeding 50 feet in depth shall be provided with an efficient means of interchanging distinct and definite signals
between the lowest level and the top of the shaft and the various
intermediate levels from which hoisting is being done. The signaling
apparatus shall be a cord or wire actuating a knocker, bell or an
electrical system.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.14) (from Ch. 96 1/2, par. 4267)
Sec. 45.14.
Special care shall be taken to keep the signaling apparatus in good order, and all proper precautions shall be taken to prevent electric
signal and telephone wires from coming into contact with other electric
conductions, whether insulated or not.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.15) (from Ch. 96 1/2, par. 4268)
Sec. 45.15.
It shall be unlawful for any person to interfere with or impede any signaling in any mine, or knowingly to damage any signal system or
knowingly to give or cause to be given any wrong signal within the mine or
to ride upon any cage, skip, bucket, or other conveyance at a time when
signals have been given informing the hoisting engineer that no person is
so riding.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.16) (from Ch. 96 1/2, par. 4269)
Sec. 45.16.
Bell signals.
The following signals shall be used: one bell,
hoist (when engine is at rest); one bell, stop (when engine is in motion); 2
bells, lower; 3 bells, people on cage about to ascend or descend; 4 bells (when
shaft sinking is in progress), blasting signals; 9 bells, or flashing of
electric lights 9 times in quick succession, danger signal, all people to get
out of the mine.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.17) (from Ch. 96 1/2, par. 4270)
Sec. 45.17.
Special signals in addition to the above, or signals in lieu thereof, may be used in any mine, provided they are easily distinguishable
by their sound or otherwise, and do not interfere with them in any way.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.18) (from Ch. 96 1/2, par. 4271)
Sec. 45.18.
An easily legible copy of the above code, or of any special code adopted in any mine, shall be printed in letters at least one-half inch
high, on a board or metal plate not less than 18 by 18 inches, and shall be
securely posted in the engine room, at the collar of the shaft and at each
level or station. The superintendent of the mine shall be responsible for
the carrying out of this rule.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.19) (from Ch. 96 1/2, par. 4272)
Sec. 45.19.
The timbers in all manways in daily use shall be cleaned of all loose rock lodged upon them at least once in every 24 hours. Manways in
daily use shall be kept clear of obstruction.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.20) (from Ch. 96 1/2, par. 4273)
Sec. 45.20.
Shafts to be securely timbered.
Every shaft, incline, slope,
tunnel, level or drift and any working place in the mine shall be, when
necessary, kept securely timbered or protected to prevent injury to any person
from falling material. It shall be the duty of the operator to carry out and
enforce the provisions of this rule, but nothing contained herein shall be
construed to relieve the miner from the duty of caring for his or her own
working place, except as hereinafter provided.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.21) (from Ch. 96 1/2, par. 4274)
Sec. 45.21.
It shall be the duty of the operator to see that all miners in the mine are supplied at all times with such timbers as are necessary to
keep their working places in a safe condition. For the purpose of this and
the succeeding sections, the term "timbers" shall be held to include and
mean all wood to be used by the miner, or all steel or concrete material
used in lieu of timber.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.22) (from Ch. 96 1/2, par. 4275)
Sec. 45.22.
If for any cause, necessary timbers cannot be supplied to any miner when required, it shall be the duty of the mine foremen to instruct
the miner or miners to vacate all such working places until supplied with
the timbers needed, but nothing contained herein, shall be construed to
relieve the operator of the duty of supplying such timber.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.23) (from Ch. 96 1/2, par. 4276)
Sec. 45.23.
All abandoned shafts, temporarily out of use, or shafts used only as airways, shall be securely covered or fenced and shall be so
maintained. All mill holes, glory holes, or cavernous stopes opening to the
surface shall be securely fenced and shall be so maintained if such mill
holes, glory holes, or cavernous stopes are within 300 feet of a highway or
thoroughfare. All other abandoned excavations whereof the side slopes more
than 40 degrees from the horizontal, and whereof the depth is more than 10
feet, shall be securely fenced, but such fencing need be erected only at
those places where such slope is in excess of 40 degrees, and all such
fencing shall be maintained in good condition.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.24) (from Ch. 96 1/2, par. 4277)
Sec. 45.24.
Any wilful removal of, injury to, or destruction in whole or in part of,
any covering or fences provided for in Section 45.23 of this Act shall
constitute a Class B misdemeanor.
(Source: P.A. 77-2537.)
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(225 ILCS 710/45.25) (from Ch. 96 1/2, par. 4278)
Sec. 45.25.
Stationary lights shall be provided during the working hours of all shaft stations during the time the same are in actual use, and also at
all stations on the levels where hoisting or hauling is effected by means
of machinery and also at night at all places on the surface where work is
being conducted, and at the head of any shafts not fenced or covered.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.26) (from Ch. 96 1/2, par. 4279)
Sec. 45.26.
All places where hoisting, pumping, or other machinery is erected and in the proximity of which persons employed in the mines are
working or moving about shall be so lighted that the moving parts of such
machinery can be clearly distinguished.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.27) (from Ch. 96 1/2, par. 4280)
Sec. 45.27.
In every mine in which mechanical haulage is employed there shall be at intervals of not more than 100 feet on each main haulage way,
except in shafts, places of refuge affording a space of at least 2 feet in
width between the widest portion of the car or train running on the tramway
and the side of the haulageway. When electric trolley haulage is used or
when there is a lighting circuit in the haulageway such places of refuge
shall be marked by lights of a distinctive color, so placed as to be
plainly visible from a distance of at least 50 feet in each direction in
the haulageways.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.28) (from Ch. 96 1/2, par. 4281)
Sec. 45.28.
Every such place of refuge shall be kept constantly clear, and no refuse shall be placed therein and no persons shall in any way prevent
access thereto.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.29) (from Ch. 96 1/2, par. 4282)
Sec. 45.29.
No raise shall be allowed to approach within 10 feet of any part of a winze, stope, or other opening in which there is dangerous
accumulation of water, unless such winze or stope be first unwatered by
bailing or pumping or by means of a bore from the raise.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.30) (from Ch. 96 1/2, par. 4283)
Sec. 45.30.
When advancing a drift, adit level, or incline toward a mine working that is suspected to be filled with water a bore hole shall be kept
at least 15 feet in advance of the breast of the drive when in the vicinity
of such mine working, and also, if necessary in directions laterally from
the course of the drive, and such additional precautionary measures shall
be taken as may be deemed necessary to obviate the danger of a sudden
breaking through of water.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.31) (from Ch. 96 1/2, par. 4284)
Sec. 45.31.
In every mine where, in the opinion of the inspector of
mines, there is danger of a sudden inburst of water, such additional
raises, drifts, or other workings shall be constructed as are necessary
in the opinion of the inspector, to insure the escape of workers from
the lower workings.
(Source: P.A. 81-992.)
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(225 ILCS 710/45.32) (from Ch. 96 1/2, par. 4285)
Sec. 45.32.
As to all mines which are in operation on the effective date of this section, the distance between the center of the rungs of a ladder
shall not exceed fourteen inches and shall not vary more than one-half inch
in any one ladder way. As to all mines which are placed in operation after
the effective date of this section, the distance between the center of the
rungs of a ladder shall not exceed fourteen inches and shall not vary more
than one-half inch in any one ladderway and said rungs shall be at least
eighteen inches wide and of not less than one inch material free of all
defects and shall be morticed into the two supporting timbers their full
thickness.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.33) (from Ch. 96 1/2, par. 4286)
Sec. 45.33.
The rungs of a ladder shall in no case be less than 4 inches from the wall of the shaft or any opening in which the ladder shall be
used.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.34) (from Ch. 96 1/2, par. 4287)
Sec. 45.34.
Every ladderway with an inclination of more than 45 degrees from the horizontal, the vertical distance between the top and the ascent and
descent of persons working in the mines, shall have substantial platforms
at intervals of not more than 20 feet measured vertically and the
inclination of any ladder or section of a ladder shall not exceed 80
degrees from the horizontal.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.35) (from Ch. 96 1/2, par. 4288)
Sec. 45.35.
Platforms.
All such platforms, except for an opening large
enough to permit the passage of a person, shall be closely covered.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.36) (from Ch. 96 1/2, par. 4289)
Sec. 45.36.
Ladders shall project at least 3 feet above every platform in the ladderway and at least 3 feet above the collar of the shaft, unless
hand rails shall be fixed at such places.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.37) (from Ch. 96 1/2, par. 4290)
Sec. 45.37.
In vertical workings not exceeding 100 feet in depth or height, ladders may be fixed vertically; no vertical ladders shall be used with a
greater height or depth than 100 feet. Provided, however, that around every
such vertical ladder, collars or platform shall be built which shall be not
more than 20 feet apart and shall be constructed as provided by section
45.35 of this Act.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.38) (from Ch. 96 1/2, par. 4291)
Sec. 45.38.
Under no circumstances shall any ladder inclining backward from the vertical be installed.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.39) (from Ch. 96 1/2, par. 4292)
Sec. 45.39.
Ladderways shall be provided in all shafts in the course of sinking to within such a distance from the bottom as will secure them from
damages by blasting. From the end of such ladderways, chain, wire rope or
wooden extension ladders to reach to the bottom of the shaft shall be
provided. Provided, however, if shots are fired by electricity, ladders
shall not be required.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.40) (from Ch. 96 1/2, par. 4293)
Sec. 45.40.
It shall be the duty of the superintendent to enforce the carrying out of sections 45.32 to 45.39.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.41) (from Ch. 96 1/2, par. 4294)
Sec. 45.41.
All sumps shall be securely covered except when being cleaned or repaired or for similar purposes.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.42) (from Ch. 96 1/2, par. 4295)
Sec. 45.42.
In stopes timbered with square sets the working floors shall be closely and securely lagged over. Lagging shall be long enough to reach
entirely across the caps or girts, or shall reach to the center of the cap
or girt at each end and shall be spiked. Openings in the floor shall be
protected by railings.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.43) (from Ch. 96 1/2, par. 4296)
Sec. 45.43.
Winzes opening directly from the floor of a drift or stope shall be kept covered by a substantial hatch, or shall be planked over, except
when in use, or shall be barred off by a substantial railing not less than
3 1/2 feet nor more than 4 feet above the level of the floor, or shall be
provided with a gangway not less than 10 inches wide, which gangway shall
have a substantial hand railing not less than 3 1/2 feet nor more than 4
feet above the gangway, and the approaches to such gangway at either end
shall be protected by a substantial railing not less than 3 1/2 feet nor
more than 4 feet above the floor.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.44) (from Ch. 96 1/2, par. 4297)
Sec. 45.44.
Stopes opening directly from the floor of a drift shall be protected by a fence or a substantial hand rail not less than 3 1/2 feet
nor more than 4 feet in height above the floor of the drift or such stopes
shall be securely planked over.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.45) (from Ch. 96 1/2, par. 4298)
Sec. 45.45.
Drifts used as manways intersecting overhead workings through which material is dropped shall be closed to the passage of persons by a
substantial rail not less than 3 1/2 feet nor more than 4 feet in height
above the level of the drift, on each side of the working, whenever
material is to be dropped through such working, and the drift shall be kept
so closed during the period when the working is so in use.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.46) (from Ch. 96 1/2, par. 4299)
Sec. 45.46.
At all shaft stations a gate or guard rail not less than 3 1/2 feet or more than 4 feet above the floor shall be provided and kept in
place across the shaft, except when the cage, skip, bucket or other
conveyance is being loaded or unloaded thereat, but this prohibition shall
not forbid the temporary removal of the gate or rail for the purpose of
repairs or other operations, if proper precaution to prevent danger to
persons be taken.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.47) (from Ch. 96 1/2, par. 4300)
Sec. 45.47.
The top of all shafts shall be protected by a tight fence or railing, which may be provided with the necessary gates or bars to give
access to the shaft, but such gates or bars shall be kept closed when
access to the shaft is not necessary.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.48) (from Ch. 96 1/2, par. 4301)
Sec. 45.48.
If hoisting be done from greater depth than 100 feet by means of a bucket, shaft doors shall be constructed that will prevent any material
from falling into the shaft while the bucket is being dumped, and such
doors shall be closed while the bucket is being dumped.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.49) (from Ch. 96 1/2, par. 4302)
Sec. 45.49.
All stations or levels shall have such a passage way through or around the working shaft that crossing through the hoisting compartment may
be avoided; entering or crossing the hoisting compartment of a shaft except
to ascend or for the purpose of effecting repairs is prohibited; before
repairs are commenced the person in charge of directing the repairs shall
inform the hoisting engineer of the nature thereof.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.50) (from Ch. 96 1/2, par. 4303)
Sec. 45.50.
The safety catches of cages shall be kept well oiled and in good working order, and shall be tested at least once a month. Such test shall
consist of releasing the cage suddenly in some suitable manner so that the
safety catches shall have an opportunity to grip the guides.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.51) (from Ch. 96 1/2, par. 4304)
Sec. 45.51.
Every mine thawing dynamite or other explosives containing nitroglycerine shall be provided with a separate place for that purpose on
the surface or with a special underground chamber which shall be a separate
drift or cross cut and it shall be unlawful to thaw explosives in any other
place or in any manner other than provided for in Section 45.52.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.52) (from Ch. 96 1/2, par. 4305)
Sec. 45.52.
Dynamite or other explosives containing nitroglycerin shall not be thawed by any means other than a steam or hot water device, or by
manure, or by electrical current. If steam or water be the agent employed,
the stove, boiler, or other primary source of heat shall not be nearer to
the thawing room than 10 feet. If electric current be the heating agent,
the current shall not be brought within 10 feet of the explosives to be
thawed.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.53) (from Ch. 96 1/2, par. 4306)
Sec. 45.53.
It shall be unlawful to thaw dynamite, or other explosive containing nitroglycerin, by placing it near a fire or near a steam boiler.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.54) (from Ch. 96 1/2, par. 4307)
Sec. 45.54.
It shall be unlawful to thaw dynamite or other explosives containing nitroglycerin, by direct contact with steam.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.55) (from Ch. 96 1/2, par. 4308)
Sec. 45.55.
It shall be unlawful for any person knowingly to distribute frozen dynamite, or other explosives containing nitroglycerin, to any
person working in any mine, unless such explosive is to be thawed in
accordance with sections 45.52 to 45.54.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.56) (from Ch. 96 1/2, par. 4309)
Sec. 45.56.
It shall be unlawful to carry explosives on an electric locomotive, or in a car next to an electric locomotive or on a gasoline
locomotive or in any car hauled by a gasoline locomotive.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.57) (from Ch. 96 1/2, par. 4310)
Sec. 45.57.
It shall be unlawful to place or leave explosives near live electric wires.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.58) (from Ch. 96 1/2, par. 4311)
Sec. 45.58.
No person shall remove any explosive from a mine without the written consent of the superintendent of the mine.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.59) (from Ch. 96 1/2, par. 4312)
Sec. 45.59.
No fuse shall be used in any mine that burns faster than 3 feet in 80 seconds or slower than 3 feet in 130 seconds. From every consignment
of fuse received two coils shall be selected at random and pieces cut from
such two coils shall be tested for rate of burning.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.60) (from Ch. 96 1/2, par. 4313)
Sec. 45.60.
Notice shall be posted at the entrance of every mine stating the rate of burning of the fuse used in such mine. The superintendent shall be
responsible for the carrying out of this rule.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.61) (from Ch. 96 1/2, par. 4314)
Sec. 45.61.
Every personal accident occurring in or about any mine, including electric shocks, and burns, and all accidents in connection with
the operation of electrical equipment shall be promptly reported to the
mine superintendent by the person injured, or if such persons shall be
unable so to do by reason of the injury, then it shall be so reported by
the person in immediate charge of the work at the time of the accident, or
by some person acting in behalf of the injured person; and shall be
recorded in a book kept for that purpose in the office of the mine, which
book shall at all times be open to examination by the inspector.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.62) (from Ch. 96 1/2, par. 4315)
Sec. 45.62.
All defects in or damages or injury to machinery or timbering or to apparatus and equipment generally in and about a mine, all unsafe or
dangerous conditions in any part of the mine, and all accidents occurring
in the course of mining operations, other than those of a purely minor
character, even though not resulting in personal injury, shall be promptly
reported to the mine foreman or superintendent by the person observing the
same.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.63) (from Ch. 96 1/2, par. 4316)
Sec. 45.63.
Wages shall not be paid on any premises used for the sale of intoxicating liquors.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/45.64) (from Ch. 96 1/2, par. 4317)
Sec. 45.64.
Strangers or visitors shall not be allowed underground in any mine unless accompanied by the operator or an official of the mine, or by
an employee deputized by such operator or official to accompany them, and
it shall be a Class A misdemeanor for any such stranger or visitor to enter
any mine at any time without the consent of the superintendent.
(Source: P.A. 77-2830.)
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(225 ILCS 710/45.65) (from Ch. 96 1/2, par. 4318)
Sec. 45.65.
Washrooms.
Every mine employing more than 25 people shall
maintain a suitable equipped washroom, which shall at all times be open to the
employees of the mine. Separate washrooms shall be provided for men and women
employees.
(Source: P.A. 87-1133.)
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(225 ILCS 710/45.66) (from Ch. 96 1/2, par. 4319)
Sec. 45.66.
Each worker employed in the mine when first engaged shall
have his attention directed by the mine foreman to the general and
special rules provided for in this Act.
(Source: P.A. 81-992.)
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(225 ILCS 710/46.01) (from Ch. 96 1/2, par. 4321)
Sec. 46.01.
All wires carrying electric current passing through curtains or inflammable material shall be properly protected so as not to ignite said
curtains or inflammable material.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/46.02) (from Ch. 96 1/2, par. 4322)
Sec. 46.02.
Trolley wires or other exposed electrical wires shall not carry a voltage above 275 volts.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/46.03) (from Ch. 96 1/2, par. 4323)
Sec. 46.03.
All trolley and positive feed wires crossing places where persons or animals are required to travel shall be safely guarded or
protected from such persons or animals coming in contact therewith.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/46.04) (from Ch. 96 1/2, par. 4324)
Sec. 46.04.
All terminal ends of positive wires shall be guarded so as to prevent persons inadvertently coming in contact therewith.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/46.05) (from Ch. 96 1/2, par. 4325)
Sec. 46.05.
The operator of every mine where motor generator sets or transformers are installed underground shall designate or cause to be
designated on the map provided for in the Mining Law, showing the
location of transformer stations, at each of the above said stations a
sufficient amount of sand, not less than one (1) cubic yard, shall be kept
in a suitable place convenient to said motor generator stations and
transformer stations for the purpose of extinguishing any fire starting
from short circuiting or otherwise. In addition thereto two suitable
chemical fire extinguishers shall be kept in a convenient place.
(Source: Laws 1945, p. 1035.)
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(225 ILCS 710/47.01) (from Ch. 96 1/2, par. 4327)
Sec. 47.01.
All examinations given by the Department of Natural Resources
to any applicant for a license or certificate of competency shall be
conducted in the English language, shall
be of a practical nature, and shall be conducted under published rules,
conditions and regulations which are uniform as to all applicants for the
same type of license or certificate, and which have been made available
upon request to any applicant prior to the date of examination. The
Department of Natural Resources shall
preserve a record of all questions
propounded and the answers given thereto. Such record shall be preserved
for a period of six months following the date the notice of the granting or
refusal of the license or certificate is served upon the applicant, and
duly certified copies thereof shall be furnished to the applicant upon
request being made within such six months period and upon the payment of
the cost thereof. Any applicant who fails to pass an examination shall be
permitted to take another examination after an interval of three months.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 710/48) (from Ch. 96 1/2, par. 4328)
Sec. 48.
Violations; penalties.
Any person who neglects, refuses, or fails to
perform or discharge the duties or responsibilities imposed and required to be
performed or discharged by any Section, clause, provisions, or rule of this
Act, or who does any act or thing declared to be unlawful or prohibited by any
such Section, clause, provision, or rule, or who violates any provision or
requirement of this Act, shall be deemed guilty of a Class B misdemeanor.
The circuit courts of all counties within this State shall have and
exercise within the limits of their respective districts, jurisdiction over
all offenses and proceedings under this Act. All fines and penalties
imposed or payable under this Act may be recovered by distress and sale of
any mining or other personal property of the offender.
It shall be the duty of the Attorney General and State's attorneys to
prosecute all violations of this Act, or all cases of neglect, refusal, or
failure to perform or discharge the duties or responsibilities imposed and
required to be performed or discharged by said Act. It shall also be the
duty of such Attorney General or State's attorneys upon request made, to
assist the inspector of mines in obtaining compliance with this Act, or any
provisions thereof, by the institution of appropriate legal proceedings and
to represent such inspector in any and all legal proceedings brought
against him or her in his or her official capacity.
(Source: P.A. 87-1133.)
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(225 ILCS 710/49) (from Ch. 96 1/2, par. 4329)
Sec. 49.
This Act shall take effect and be in force on and after the first
day of January, 1922.
(Source: Laws 1921, p. 525.)
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(225 ILCS 710/50) (from Ch. 96 1/2, par. 4330)
Sec. 50.
(a) This Act shall be administered by the Department of Natural
Resources in accordance with the provisions of the
Department of Natural Resources Act and the Civil Administrative Code of
Illinois.
(b) The Department has the authority to allow variances from particular
provisions of this Act if practical difficulties or particular hardships are in
the way of carrying out the strict letter of any provision and if the variance
will be substantially equivalent to the standards of health and safety as set
out in this Act. A request for variance under this Section must be in writing
and must state the provision from which a variance is sought, the extent of the
variance sought, and the reasons supporting the variance request. The
Department shall review the request and, if necessary, inspect the mine to be
affected by variance. The Department shall issue a decision
either denying or granting the variance or allowing a modified variance.
Any interested person shall have the right to appeal any such decision to
the Director of the Department. After notice and hearing, the Director shall
render a final administrative decision on the variance request.
(c) The Department has the authority to promulgate rules to carry
out the purposes and enforce the provisions of this Section and this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
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