(225 ILCS 705/Art. 1 heading) ARTICLE 1. SHORT TITLE - DEFINITION OF TERMS.

(225 ILCS 705/1.01) (from Ch. 96 1/2, par. 251)

Sec. 1.01. This Act may be cited as the Coal Mining Act.

(Source: P.A. 86-1475.)

(225 ILCS 705/1.02) (from Ch. 96 1/2, par. 252)

Sec. 1.02. As used in this Act, unless the context otherwise requires, the terms set out in this Article have the meanings ascribed to them in this Article.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.03) (from Ch. 96 1/2, par. 253)

Sec. 1.03. "Mine" and "coal mine" mean any area of land and any structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under or above the surface of such land by any person, used in, or to be used in, or resulting from, the work of extracting in such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method including the method known as carbon recovery, and the work of preparing the coal so extracted, and includes custom coal preparation facilities.

(Source: P.A. 85-1333.)

(225 ILCS 705/1.04) (from Ch. 96 1/2, par. 254)

Sec. 1.04. "Excavation" and "workings" mean any or all parts of a mine excavated or being excavated, including shafts, slopes, tunnels, entries, rooms and working places, whether abandoned or in use.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.05) (from Ch. 96 1/2, par. 255)

Sec. 1.05. "Shaft" means any vertical opening through the strata which is or may be used for purposes of ventilation or escapement, or for the hoisting or lowering of men and material in connection with the mining of coal.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.06) (from Ch. 96 1/2, par. 256)

Sec. 1.06. "Slope" means any inclined way in or to a seam of coal to be used for the same purposes as a shaft.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.07) (from Ch. 96 1/2, par. 257)

Sec. 1.07. "Drift" means any practically horizontal way in or to a seam of coal to be used for the same purpose as a shaft.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.08) (from Ch. 96 1/2, par. 258)

Sec. 1.08. "Operator" as applied to the party in control of a mine, signifies the person, firm or body corporate who or which is the immediate proprietor as owner or lessee of the plant and, as such, responsible for the condition and management thereof.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.09) (from Ch. 96 1/2, par. 259)

Sec. 1.09. "Mine Manager" is the person charged with the general direction of the underground work.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.10) (from Ch. 96 1/2, par. 260)

Sec. 1.10. "Mine Examiner" is the person charged with the examination of the underground workings of the mine, under the supervision of the Mine Manager.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.11) (from Ch. 96 1/2, par. 261)

Sec. 1.11. "Department" means the Department of Natural Resources of the State of Illinois.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/1.12) (from Ch. 96 1/2, par. 262)

Sec. 1.12. "Director" means the Director of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/1.13) (from Ch. 96 1/2, par. 263)

Sec. 1.13. "Permissible" means any explosive or mechanical device, or chemical-mechanical device, which will not cause the ignition of mixtures of methane and air when detonated or operated.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.14) (from Ch. 96 1/2, par. 264)

Sec. 1.14. "State Mine Inspector" is the person charged with the inspection of mines under the State Mining Board.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/1.15) (from Ch. 96 1/2, par. 265)

Sec. 1.15. "Mining Board" or "Board" means the State Mining Board in the Department of Natural Resources, Office of Mines and Minerals, created by Section 5-155 of the Departments of State Government Law (20 ILCS 5/5-155).

(Source: P.A. 91-239, eff. 1-1-00.)

(225 ILCS 705/1.16) (from Ch. 96 1/2, par. 266)

Sec. 1.16. "Surface Mining Facility" means surface and auger coal mines, preparation plants, central repair shops and coal loading docks for deep or surface mines including the construction of such facilities wherever located.

(Source: P.A. 80-296.)

(225 ILCS 705/1.17) (from Ch. 96 1/2, par. 267)

Sec. 1.17. "Contractor" means any person, firm or corporation who or which performs construction work at any mine or facility as defined in Sections 1.03 and 1.16 of this Act.

(Source: P.A. 80-296.)

(225 ILCS 705/1.18) (from Ch. 96 1/2, par. 268)

Sec. 1.18. Words or phrases as used in this Act that import the masculine gender shall be construed to import also the feminine gender, unless such construction would be inconsistent with the manifest intention of the context.

(Source: P.A. 81-257.)

(225 ILCS 705/1.19)

Sec. 1.19. "Lifeline cord" means a fire-retardant, nylon line of at least one quarter inch thickness, with cone-shaped directional indicators incorporated into it, that is permanently installed in an escape way and gives a clear indication of the direction out of a mine.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/1.20)

Sec. 1.20. "Self-contained self-rescue (SCSR) device" means a breathing apparatus that contains a minimum of one hour of oxygen for one person and is approved by the Mine Safety and Health Administration of the U.S. Department of Labor and the Mining Board.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/1.21)

Sec. 1.21. "Surface supervisor of an underground mine" means a certified supervisor at a mine whose duties do not include the extraction of coal, but do include other activities resulting in the preparation of coal, supervision of construction or demolition of mine buildings, earth moving, gob moving projects, or other surface projects involving the supervision of people and machinery.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/1.22)

Sec. 1.22. "Tag-line" means a nylon line of at least one quarter inch thickness that has mechanical clips or other suitable connecting devices incorporated therein that are spaced between 3 feet and 5 feet apart that allow a group of persons underground to attach themselves together.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/1.23)

Sec. 1.23. "Rescue chamber" means a chamber within a mine that is properly constructed to protect against potential hazards in case of an emergency and is properly equipped with first aid materials, an oxygen-generating device capable of providing a minimum of 48 hours of oxygen for at least 10 people, and proper accommodations for persons underground awaiting rescue, as determined by the Mining Board.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/1.24)

Sec. 1.24. "Cache" means a storage facility within a mine that is properly constructed to store SCSR devices in case of an emergency for use by persons underground in emergency situations, as determined by the Mining Board.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/1.25)

Sec. 1.25. Recorder. "Recorder" means a person with a mine manager certification or mine examiner certification who is trained and designated by the operator as the individual responsible for recording the mine examiner's examination of the underground workings of the mine.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/1.26)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1.26. "State mine rescue station" means a facility maintained by the Department for the sole purpose of responding to and preparing for emergencies in the coal mines of Illinois.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/1.27)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1.27. "Mine rescue team" means a group of miners trained to serve as emergency responders during a mine emergency.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/1.28)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1.28. "Mine complex rescue team" means a mine rescue team comprised of individuals from 2 or more operating mines, owned by the same operator, that are within a 5-mile radius of each other when measured portal to portal.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/1.29)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1.29. "State mine rescue team" means a mine rescue team or mine complex rescue team assigned to a State mine rescue station.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/1.30)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1.30. "Mine rescue services" means services or work to search for, rescue, or transport a person or persons endangered, trapped, injured, or killed in a mine disaster or emergency situation. "Mine rescue services" includes any firefighting or rehabilitation work in the mine needed to accomplish the goals of the mine rescue services. Any additional services requiring mine rescue team members shall be through an agreement between operators.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/1.31)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1.31. "Mine rescue station superintendent" means the person or persons charged with the responsibility of supervising State mine rescue station operations.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/Art. 2 heading) ARTICLE 2. ADMINISTRATION OF ACT: MINING BOARD ORGANIZATION AND DUTIES.

(225 ILCS 705/2.01) (from Ch. 96 1/2, par. 301)

Sec. 2.01. The Mining Board in the Department of Natural Resources shall administer this Act.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/2.02) (from Ch. 96 1/2, par. 302)

Sec. 2.02. The Mining Board shall be authorized, empowered and required to make formal inquiry into and pass upon the practical and technological qualifications and personal fitness of men seeking appointment as State Mine Inspectors, and of those seeking certificates of competency as mine managers, as hoisting engineers and as mine examiners. The Mining Board shall have such other powers and duties as may be prescribed by the provisions of this Act, or any other Act relating to coal mining. The Mining Board also shall control and direct the State Mine Inspectors hereinafter provided for, in the discharge of their duties, and shall have the power, in person and through the State Mine Inspectors, to see that all provisions of this Act are enforced. The Mining Board shall also cause to be collected statistical details relating to coal mining in the State, especially in its relation to the vital, sanitary, commercial and industrial conditions, and to the permanent prosperity of said industry; and the Mining Board shall cause such statistical details to be compiled and summarized as a report of the Mining Board, to be known as the annual coal report. The operators shall furnish to the Department on or before the 10th day of each month a monthly report of the coal produced the previous month as required by the Department on forms furnished by said Department.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/2.03) (from Ch. 96 1/2, par. 303)

Sec. 2.03. One of the coal miner members of the Mining Board shall be elected as secretary. The Board may appoint a chief clerk and may employ such other persons as may be necessary for the proper discharge of its powers and duties; all of whom shall perform such duties as may be prescribed by the Board from time to time, and the Board may from time to time also prescribe standing and other rules for the control and direction of its officers and employees and of the State mine inspectors. The Secretary of State shall assign to the use of the Board suitably furnished rooms in the State House.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/2.04) (from Ch. 96 1/2, par. 304)

Sec. 2.04. The Board shall hold such meetings from time to time as may be necessary for the proper discharge of its duties. The Board shall meet once during each year, the date and place to be fixed by said Board, for the purpose of examining candidates for appointment as State Mine Inspectors.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/2.05) (from Ch. 96 1/2, par. 305)

Sec. 2.05. For the examination of persons seeking certificates of competency as mine managers, hoisting engineers, and mine examiners, the Board shall hold meetings at such times and places within the State as shall, in the judgment of the members, afford the best facilities to the greatest number of candidates. They shall also call an examination at least once a year for electrical hoisting engineers and at least twice a year for mine electricians.

(Source: P.A. 98-543, eff. 1-1-14.)

(225 ILCS 705/2.06) (from Ch. 96 1/2, par. 306)

Sec. 2.06. Public notice shall be given through the press or otherwise, not less than 10 days in advance, announcing the time and place at which any examinations provided for by this Article are to be held.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/2.07) (from Ch. 96 1/2, par. 307)

Sec. 2.07. The examinations provided for by this Article shall be conducted under rules, conditions and regulations prescribed by the Board. Such rules shall be made a part of the permanent record of the Board, and such of them as relate to candidates shall be, upon application of any candidate, furnished to him by the Board; they shall also be of uniform application to all candidates.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/2.08) (from Ch. 96 1/2, par. 308)

Sec. 2.08. The Director of the Office of Mines and Minerals within the Department of Natural Resources shall be the executive officer of the Mining Board and shall execute the orders, rules and regulations made and promulgated by the Mining Board. The Manager of the Office of Mines and Minerals may act as executive officer in the absence of the Director of the Office of Mines and Minerals.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/2.09) (from Ch. 96 1/2, par. 309)

Sec. 2.09. Three members of the Mining Board, or the Director may call a meeting of the Mining Board at any time and at any place within the State. Four members of the Mining Board and the executive officer shall constitute a quorum. Only in case of a tie vote the executive office shall have the right to vote.

(Source: P.A. 79-460.)

(225 ILCS 705/2.10) (from Ch. 96 1/2, par. 310)

Sec. 2.10. In conducting the hearings before the Mining Board any member of the Mining Board shall have the power to administer oaths to any and all persons appearing before the Mining Board, and any person who shall willfully, corruptly and falsely testify under oath with respect to any charges or evidence offered shall be deemed guilty of perjury and shall be subject to the penalties thereof as prescribed by the laws of this State.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/2.11) (from Ch. 96 1/2, par. 311)

Sec. 2.11. Subject to the procedure provided for in Section 2.14, in case of dispute between operators and miners on the proper interpretation of rules, regulations, and laws in relation to coal mines and subjects relating thereto, and providing for the health and safety of persons employed therein, and the dispute is filed in formal written form with the Department, the Director of the Office of Mines and Minerals shall call a meeting of the Mining Board to review the dispute. An opinion of the proper interpretation of the disputed rule, regulation, or law, concurred in by a majority of the Mining Board, shall be binding upon the Department to enforce; and the operators and miners must abide by the opinion, unless the opinion of the Mining Board is at variance with an opinion of interpretation by the Attorney General of the intent of the rule, regulation or law. In case the opinion of the Attorney General is at variance with the opinion of the Mining Board, then all parties must abide by the opinion of the Attorney General, except that all parties shall have recourse to courts of this State.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/2.12) (from Ch. 96 1/2, par. 312)

Sec. 2.12. The Mining Board shall have power to promulgate rules and regulations, in accordance with the Illinois Administrative Procedure Act and in connection with methods of coal mining affecting the health and safety of persons employed in the coal mines.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/2.13) (from Ch. 96 1/2, par. 313)

Sec. 2.13. In case operators or miners shall file formal written charges with the Department that any law or laws in relation to coal mines and subjects relating thereto and providing for the health and safety of persons employed therein has been violated, the Director shall call the parties involved before the Mining Board to hear the evidence for, and the defense against, the charges. In case the Mining Board finds, by a majority vote, the charges are valid and true, it shall be the duty of the State's Attorneys to prosecute all persons so offending, and the offenders shall be subject to the penalties provided by law for such violations.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/2.14) (from Ch. 96 1/2, par. 314)

Sec. 2.14. The Director shall promulgate rules, in accordance with the Illinois Administrative Procedure Act, necessary for the effective and orderly conduct of hearings held pursuant to this Act. These rules shall include, but not necessarily be limited to, the following for the benefit of any affected operator, miner, labor representative, or other person with a substantial interest in the hearing:

1. adequate written notice of charges against any charged party;

2. adequate written notice of all hearings to any affected operator, miner, labor representative, or other interested person;

3. the right to be represented by counsel;

4. the right to present evidence;

5. the right to cross-examine witnesses;

6. the right to present its position orally or in writing to the Board;

7. the right to request issuance of subpoenas by the Department.

(Source: P.A. 102-937, eff. 5-27-22; 103-154, eff. 6-30-23.)

(225 ILCS 705/2.15) (from Ch. 96 1/2, par. 315)

Sec. 2.15. The Department may refuse to issue or may suspend the license, permit or certificate of any person who fails to file a return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

(Source: P.A. 84-221.)

(225 ILCS 705/2.16)

Sec. 2.16. Rules; Illinois Administrative Procedure Act. The Mining Board may adopt rules necessary for or incidental to the performance of duties or execution of powers conferred under this Act in accordance with provisions of the Illinois Administrative Procedure Act.

(Source: P.A. 97-1136, eff. 1-1-13.)

(225 ILCS 705/Art. 3 heading) ARTICLE 3. NEW MINES--CERTIFICATES OF COMPETENCY--CREDENTIALS AND EXAMINATIONS.

(225 ILCS 705/3.01) (from Ch. 96 1/2, par. 351)

Sec. 3.01. The certificates provided for in this Act shall be issued under the signature of the Director and the seal of the Mining Board to all those who receive a rating above the minimum fixed by the rules of the Mining Board, and to no other persons. All certificates shall contain the full name of the recipient, his age, his place of birth, and the nature and number of years of his previous service in or about coal mines.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/3.02) (from Ch. 96 1/2, par. 352)

Sec. 3.02. The Mining Board shall make a record of the names and addresses of all persons to whom certificates provided for in this Act are issued, except those issued as provided in Article 8 of this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)

(225 ILCS 705/3.03) (from Ch. 96 1/2, par. 353)

Sec. 3.03. The certificates provided for in this Act shall entitle the certified recipient to accept and discharge the duties for which they are declared qualified, at any coal mine in the State of Illinois.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/3.04) (from Ch. 96 1/2, par. 354)

Sec. 3.04. An applicant for any certificate provided for in this Act, before being examined, shall register his or her name with the Mining Board and file with the Board the credentials required by this Act, to-wit: an affidavit as to all matters of fact establishing his or her right to receive the examination, and a certificate of good character and temperate habits signed by at least 10 residents of the community in which he or she resides. Each applicant shall also submit a reasonable fee as prescribed by rule, with such fee being deposited into the Coal Mining Regulatory Fund. The monies deposited into the Coal Mining Regulatory Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/3.05) (from Ch. 96 1/2, par. 355)

Sec. 3.05. There shall be a written and an oral examination of applicants as may be prescribed by the rules of the Mining Board; and all written examination papers and all others papers of applicants shall be kept on file by the Mining Board for not less than 6 months, during which time any applicant shall have the right to inspect his said papers at all reasonable times; and any applicant shall be entitled to a certified copy of any or all of his said papers upon payment of a reasonable copy fee therefor.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/3.06) (from Ch. 96 1/2, par. 356)

Sec. 3.06. Any operator desiring to open a new coal mine shall notify the Department of Natural Resources of his intention before any work on the underground opening, tipple or other buildings is commenced and furnish said Department a legal description of the proposed location and the Post Office address.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/3.07) (from Ch. 96 1/2, par. 357)

Sec. 3.07. Each month the Department of Natural Resources shall prepare a list of those persons who have filed an application for any certificate of competency under this Act during the preceding 30 days, which list shall include the name of the applicant, the applicant's employer, the location of the applicant's employment and the type of certificate applied for. Such list shall be provided to each employer covered by this Act which shall be posted for a period of 30 days from its receipt in a conspicuous place available to all employees on the premises of the mine at which they are employed. The certificate of competency shall be considered temporary until this posting requirement at this place of employment has been completed. Nothing in this Section shall prohibit the holder of such temporary certificate from performing all of the functions that he is authorized to perform when such certification becomes permanent.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/3.08)

Sec. 3.08. Fees for renewal. The Mining Board may establish by rule a fee for the renewal of certificates with such fee being deposited into the Coal Mining Regulatory Fund. The monies deposited into the Coal Mining Regulatory Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)

(225 ILCS 705/Art. 4 heading) ARTICLE 4. STATE MINE INSPECTORS AND MINE INSPECTION. (Source: P.A. 96-328, eff. 8-11-09.)

(225 ILCS 705/4.01) (from Ch. 96 1/2, par. 401)

Sec. 4.01. Each applicant for a certificate of competency as State Mine Inspector shall produce evidence satisfactory to the Mining Board that he is a resident of this State, at least thirty years of age; that he has had a practical mining experience of ten years, of which at least two years shall have been in the State of Illinois, and that he is a man of good repute and temperate habits; and that he has a first class mine manager's certificate. He shall pass an examination as to his practical and technological knowledge of mine appliances; of the proper development and operation of coal mines; of ventilation in mines; of the nature and properties of mine gases; of first aid to the injured and of mine rescue methods and appliances, as prescribed by the Department of Natural Resources; of the geology of coal measures in this State; and of the laws of this State relating to coal mines.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/4.02) (from Ch. 96 1/2, par. 402)

Sec. 4.02. At the close of each examination for State Mine Inspectors the Mining Board shall prepare a list containing the names of all candidates who have received a rating above the minimum fixed by rules of the Mining Board as being persons properly qualified for the position of State Mine Inspector. Candidates shall be so listed in the order of their relative excellence. The names of candidates shall be removed from this list 24 months after the date certificate of competency has been issued and shall not be eligible for employment as State Mine Inspectors until they have taken and passed another examination. The list shall be open for public inspection at the office of the Mining Board.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/4.03) (from Ch. 96 1/2, par. 403)

Sec. 4.03. From the names appearing on the list on file in the office of the Mining Board, the Mining Board shall select and appoint one State Mine Inspector for each of the inspection districts provided for in this Act, and two additional State Mine Inspectors for the State at large, all such appointees to be selected in the order of their appearance on the list. Nothing herein contained shall affect the tenure of any person holding the position of State Mine Inspector on the effective date of this Act. No person shall be eligible for appointment as a State Mine Inspector who has any pecuniary interest in any coal mine in Illinois.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.04) (from Ch. 96 1/2, par. 404)

Sec. 4.04. (Repealed).

(Source: Laws 1953, p. 701. Repealed by P.A. 92-85, eff. 7-12-01.)

(225 ILCS 705/4.05) (from Ch. 96 1/2, par. 405)

Sec. 4.05. The Mining Board shall furnish to each State Mine Inspector an anemometer, a safety lamp, blank books, stationery, printing, and such other instruments and supplies as may be required by the State Mine Inspector in the discharge of his official duties.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.06) (from Ch. 96 1/2, par. 406)

Sec. 4.06. State Mine Inspectors shall devote their whole time and attention to the duties of their office. State Mine Inspectors shall make a personal examination at least once every month, or more often if necessary, of each mine in their district. The Mining Board may also require State Mine Inspectors personally to examine any other mines in any other district. Every mine in the State shall be examined at least once every month by a State Mine Inspector.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.07) (from Ch. 96 1/2, par. 407)

Sec. 4.07. Every State Mine Inspector in his regular examination of mines shall measure with an anemometer the amount of air passing in the last crosscut in each pair of entries. He shall also investigate the condition of ventilation in all working places to see that ventilation is adequate, and in longwall mines the last face of each division. He shall measure with an anemometer the amount of air passing at the inlet and outlet of the mines. He shall compare all such air measurements with the last report of the mine examiner and the mine manager, in the mine examination book of the mine. He must verify that the legal code of signals between the engineer and the top man and the bottom man has been established and is conspicuously posted for the information of all employees.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/4.08) (from Ch. 96 1/2, par. 408)

Sec. 4.08. State Mine Inspectors shall require that every precaution be taken to insure the health and safety of the workers employed in the mines; and that every provision of all the State laws relative to mining are obeyed.

(Source: P.A. 81-992.)

(225 ILCS 705/4.09) (from Ch. 96 1/2, par. 409)

Sec. 4.09. State Mine Inspectors shall render written reports of mine inspection made by them to the Mining Board in such form and manner as shall be required by the Mining Board.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.10) (from Ch. 96 1/2, par. 410)

Sec. 4.10. State Mine Inspectors shall take prompt action for the enforcement of the penalties provided for violation of this Act.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.11) (from Ch. 96 1/2, par. 411)

Sec. 4.11. It is lawful for State Mine Inspectors to enter, examine, and inspect any and all coal mines and the machinery belonging thereto, at all reasonable times, by day or by night, but so as not to unreasonably obstruct, or hinder the working of such coal mines. The operator of every coal mine is required to furnish all necessary facilities for making the examination and inspection.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.12) (from Ch. 96 1/2, par. 412)

Sec. 4.12. If any owner, operator or agent refuses to permit the State Mine Inspector to make an inspection or to furnish the necessary facilities for making such examination and inspection, the State Mine Inspector shall file his affidavit, setting forth such refusal, with the judge of the circuit court in the county in which such mine is situated, and obtain an order on such owner, agent or operator so refusing as aforesaid, commanding him to permit and furnish such necessary facilities for the inspection of such coal mine, or be adjudged to stand in contempt of court and punished accordingly.

(Source: Laws 1965, p. 3620.)

(225 ILCS 705/4.13) (from Ch. 96 1/2, par. 413)

Sec. 4.13. The State Mine Inspector shall post in some conspicuous place at the top of each mine inspected by him, a plain statement showing what in his judgment is necessary for the better protection of the lives and health of persons employed in the mine. The statement shall give the date of inspection and be signed by the State Mine Inspector.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.14) (from Ch. 96 1/2, par. 414)

Sec. 4.14. The State Mine Inspector shall post a notice at the landing used by the men, stating the number of men permitted to ride on the cage at one time, and the rate of speed at which men may be hoisted and lowered on the cages.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.15) (from Ch. 96 1/2, par. 415)

Sec. 4.15. (Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

(225 ILCS 705/4.16) (from Ch. 96 1/2, par. 416)

Sec. 4.16. (Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

(225 ILCS 705/4.17) (from Ch. 96 1/2, par. 417)

Sec. 4.17. Each State Mine Inspector shall, within 60 days after December 31 of each year, prepare and forward to the Mining Board a formal report of his acts during the year in the discharge of his duties, with any recommendations as to legislation he may deem necessary on the subject of mining. He shall collect and tabulate, upon blanks furnished by the Mining Board, all desired statistics of mines and miners within his district, to accompany his annual report.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.18) (from Ch. 96 1/2, par. 418)

Sec. 4.18. On the receipt of each State Mine Inspector's report the Mining Board shall compile and summarize the data to be included in the report of the Mining Board, known as the Annual Coal Report, which shall within four months thereafter, be printed, bound, and transmitted to the Governor and General Assembly for the information of the public. The printing and binding of the Annual Coal Reports shall be provided for by the Department of Central Management Services in like manner and numbers, as it provides for the publication of other official reports.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 100-1148, eff. 12-10-18.)

(225 ILCS 705/4.19) (from Ch. 96 1/2, par. 419)

Sec. 4.19. Every coal operator shall, within 20 days after December 31 of each year, furnish to the State Mine Inspector of the district, on blanks furnished by him prior to said December 31, statistics of the wages and conditions of their employees as required by law. The failure of any State Mine Inspector to forward to the Mining Board his formal report, as provided herein, or the failure of any coal operator to furnish to the State Mine Inspector of the district the statistics provided for herein, shall be adjudged a petty offense and fined not to exceed $100.

(Source: P.A. 77-2718.)

(225 ILCS 705/4.20) (from Ch. 96 1/2, par. 420)

Sec. 4.20. No State Mine Inspector shall solicit or accept any political campaign contribution or gratuity of any kind or character, from any mine operator or his agent; from any coal sales company, or their agents or representatives; or from any miner, local union or union official. In the event he does so solicit or accept any such contribution or gratuity from any person he is guilty of an act tending to the unlawful injury of miners, and is guilty of malfeasance, and in that event, the Mining Board shall declare the position of the State Mine Inspector vacant.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.21) (from Ch. 96 1/2, par. 421)

Sec. 4.21. No official or employee of the Department of Natural Resources shall solicit, or request any State Mine Inspector of the State of Illinois to solicit, political campaign contributions or a gratuity of any kind or character from any mine operator or his agent, or from any coal sales company or its agent or representatives, or from any miner or local union or other officials.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/4.22) (from Ch. 96 1/2, par. 422)

Sec. 4.22. Any person found guilty of violating any of the provisions of Sections 4.20 or 4.21 is guilty of a Class 4 felony.

(Source: P.A. 77-2718.)

(225 ILCS 705/4.23) (from Ch. 96 1/2, par. 423)

Sec. 4.23. The State shall be divided into not to exceed 22 inspection districts, the division to be made by the Mining Board. The Mining Board may change the boundaries of the districts from time to time in order to more equally distribute the labor and expenses of the several State Mine Inspectors, and may at any time reduce the number of inspection districts, and the number of State Mine Inspectors employed. However, there shall be no fewer than 16 State Mine Inspectors if there are 40 or more mines operational in the State, no fewer than 12 State Mine Inspectors if at least 30 but fewer than 40 mines are operational, no fewer than 8 State Mine Inspectors if at least 20 but fewer than 30 mines are operational, and no fewer than 4 State Mine Inspectors if at least 10 but fewer than 20 mines are operational.

For purposes of this Section, "mine" or "coal mine" means any area of land and any structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed under, upon, or above the surface of the land by any person, that is used in, to be used in, or resulting from the work of extracting from that area of land bituminous coal, lignite, or anthracite from its natural deposit in the earth.

(Source: P.A. 88-391; 88-472.)

(225 ILCS 705/4.24) (from Ch. 96 1/2, par. 424)

Sec. 4.24. Upon a petition signed by not less than three coal operators, or 10 coal miners, or by the Director of the Office of Mines and Minerals, setting forth that any State Mine Inspector neglects his duties, or that he is incompetent, or that he is guilty of malfeasance, or guilty of any act tending to the unlawful injury of miners or operators of mines, the Mining Board shall issue a citation to the State Mine Inspector to appear before it within a period of 15 days on a day fixed for a hearing, when the Mining Board shall investigate the allegations of the petitioners. In the event of a citation, as referred to above, the Mining Board in its discretion may immediately remove the State Mine Inspector involved from service pending the hearing aforesaid mentioned. If the Mining Board finds that the State Mine Inspector has neglected his duty or is incompetent or that he is guilty of malfeasance or guilty of any act tending to the injury of miners or operators of mines, the Mining Board shall declare the position of said State Mine Inspector vacant, and a properly qualified person shall be duly appointed, in the manner provided for in this Act, to fill the vacancy.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/4.25) (from Ch. 96 1/2, par. 425)

Sec. 4.25. Each State Mine Inspector shall collect samples of mine atmospheres and mine dusts for analysis by the Departmental Analytical Laboratory. All such samples shall be collected in accordance with the rules of the Mining Board and submitted to the Analytical Laboratory. The results of analysis of mine atmosphere samples by the Analytical Laboratory shall be used by the State Mine Inspector as a basis for classification of mines as being gassy or non-gassy. The results of analysis of dust samples by the Analytical Laboratory shall be used by the State Mine Inspector as a basis for recommendations with respect to the rock dusting requirements of this Act. The operator of the mine from which samples of air and dust are taken shall be furnished a copy of the results of such analysis.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.26) (from Ch. 96 1/2, par. 426)

Sec. 4.26. Any State Mine Inspector who discovers that any section of this Act, or part thereof, is being neglected or violated, shall order immediate compliance therewith, and, in case of failure to comply shall have power to stop the operation of the mine or to remove any offending person or persons from the mine until the law is complied with.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/4.30) (from Ch. 96 1/2, par. 430)

Sec. 4.30. If any State Mine Inspector finds that any provision of this Act is being violated, he shall file a sworn complaint before the circuit court, stating the facts within his knowledge in such case and asking that the person charged with such violation be bound over to the next grand jury for the county. The State's Attorney for the county in which such violation occurs shall prosecute such complaint, as provided by law in other State cases.

(Source: P.A. 79-1358.)

(225 ILCS 705/4.33) (from Ch. 96 1/2, par. 433)

Sec. 4.33. If any State Mine Inspector willfully fails, neglects or refuses to file a complaint as herein required, or willfully disregards the duties required of him by the provisions of this Act, a sworn complaint may be filed by any person having knowledge of the facts, before the circuit court, charging the State Mine Inspector with nonfeasance in office and asking that such inspector be bound over to the next grand jury for the county, and the State's Attorney for the county in which such violation occurs shall prosecute such complaint as provided by law in other State cases.

(Source: P.A. 79-1358.)

(225 ILCS 705/4.34) (from Ch. 96 1/2, par. 434)

Sec. 4.34. Upon final conviction for nonfeasance in office under the provisions of this Act of any State Mine Inspector his certificate of qualification or of competency, as the case may be, shall be thereby invalidated and he shall become disqualified from holding such office, and such person shall not be entitled to receive another certificate of qualification or of competency, as the case may be, within 3 months from the date of such final conviction.

(Source: Laws 1967, p. 2076.)

(225 ILCS 705/4.35) (from Ch. 96 1/2, par. 435)

Sec. 4.35. (Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

(225 ILCS 705/4.36) (from Ch. 96 1/2, par. 436)

Sec. 4.36. On each visit to a mine, the State Mine Inspector shall notify a representative of the miners that he is there to make an inspection. The miners' representative may elect to accompany the Inspector during his inspection and shall suffer no loss of pay. Following each inspection, the Inspector shall meet with the management of the mine and the representative of the miners to discuss his findings, recommendations and general safety conditions of the mine. His findings and recommendations, together with the time allowed to comply, shall be posted in a conspicuous place following each inspection. For the purposes of this Section, where 2 or more Inspectors travel together, only one representative of the miners who accompanies the Inspectors shall suffer no loss of pay.

(Source: P.A. 83-1234.)

(225 ILCS 705/Art. 5 heading) ARTICLE 5. MINE MANAGER--REQUIREMENTS AND DUTIES.

(225 ILCS 705/5.01) (from Ch. 96 1/2, par. 501)

Sec. 5.01. Each applicant for a certificate of competency as mine manager shall produce evidence satisfactory of the Mining Board that he is a citizen of the United States or lawfully admitted for permanent residence, at least 23 years of age; that he has had at least 4 years' practical underground mining experience; has been issued a Certificate of Competency as Mine Examiner, or its equivalent issued by another state; and that he has satisfactorily completed a course of instruction in first aid to the injured and mine rescue methods and appliances prescribed by the Department; and that he is a man of good repute and temperate habits. He shall also pass such examination as to his experience in mines and in the management of men; his knowledge of mine machinery and appliances; the use of surveying and other instruments used in mining; the properties of mine gases; the principles of ventilation; and the legal duties and responsibilities of mine managers, as shall be prescribed by the rules of the Mining Board.

Persons who have graduated and hold a degree in engineering or an approved 4-year program in coal mining technology from an accredited school, college or university are required to have only 2 years' practical underground mining experience to qualify for the examination for a Certificate of Competency.

Persons who have graduated and hold a two-year Associate in Applied Science Degree in Coal Mining Technology from an accredited school, college or university are required to have only 3 years' practical underground mining experience to qualify for the examination for a Certificate of Competency.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/5.03) (from Ch. 96 1/2, par. 503)

Sec. 5.03. It shall be unlawful for any operator to operate an underground coal mine without the services of a mine manager. Further, it is unlawful for the operator of any coal mine to have in his service as mine manager at his mine, any person who does not hold a certificate of competency issued by the Mining Board of this State; Provided, that whenever any exigency arises by which it is impossible for any operator to secure the immediate services of a certificated mine manager, he may place any trustworthy and experienced man of the mine inspection district in charge of his mine to act as temporary mine manager for a period not exceeding 7 days, and with the approval of the State mine inspector of the district, for a further period not exceeding 23 days.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/5.04) (from Ch. 96 1/2, par. 504)

Sec. 5.04. The certificate of any mine manager may be cancelled and revoked by the Mining Board upon notice and hearing as provided by this Act, if it shall be established in the judgment of said Mining Board that the holder thereof has obtained said certificate by fraud or misrepresentation of his experience or has become unworthy to hold said certificate by reason of violation of the law, intemperate habits, incapacity, abuse of authority or for any other cause. Any person against whom charges or complaints are made hereunder shall have the right to appear before the Mining Board and defend himself against said charges, and he shall have 15 days' notice in writing of such charges previous to such hearing. The Mining Board, in its discretion, may suspend the certificate of any person charged as aforesaid, pending such hearing, but said hearing shall not be unreasonably deferred.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.05) (from Ch. 96 1/2, par. 505)

Sec. 5.05. Effective on or after January 1, 1977, it shall be unlawful for the operator of any underground mine to employ as a superintendent any person who does not hold a certificate of competency as a mine manager issued by the Mining Board. Upon request, the Mining Board may issue a temporary Certificate of Competency as mine examiner or mine manager to any person who possesses a valid equivalent certificate issued by the appropriate agency in another state, provided however that such temporary certificate shall be valid only until the first available examination given by the Mining Board or 6 months, whichever is longer.

(Source: P.A. 79-460.)

(225 ILCS 705/5.06) (from Ch. 96 1/2, par. 506)

Sec. 5.06. The mine manager shall be responsible for the performance of all the functions and duties prescribed in Sections 5.07 to 5.25, both inclusive. The mine manager may not perform the duties of a mine examiner while serving in the capacity of a mine manager.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/5.07) (from Ch. 96 1/2, par. 507)

Sec. 5.07. Visit each working place in the mine at least once in every two weeks and require his assistants or the Face Bosses to go into all working places in their territory or sections regularly during each working shift.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.08) (from Ch. 96 1/2, par. 508)

Sec. 5.08. Provide a suitable checking system whereby the entrance into and the departure from the mine of each employee shall be positively indicated.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.09) (from Ch. 96 1/2, par. 509)

Sec. 5.09. In all mines:

1. When the mine is to be operated, he shall have the prescribed working places of such mine examined by a certified mine examiner within 3 hours before the workers of any shift, other than the examiner or the examiners designated by the mine manager to make the examination, enter the underground areas of such mine. Have the mine examiner inspect every active working place in the mine and make tests therein with a multi-gas detector for accumulation of methane and oxygen deficiency in the air therein; examine intake seals used to ventilate a working section and doors to determine whether they are functioning properly; inspect and test the roof, face and rib conditions in the working areas and on active roadways and travelways; inspect active roadways, travelways, approaches to abandoned workings and accessible falls in active sections for explosive gas and other hazards; and inspect to determine whether the air in each split is traveling in its proper course and in normal volume.

2. On non-coal producing shifts, if the mine has a minimum of 120 psi seals, he shall have the mine examined by a certified mine examiner in any area where any person is scheduled to work or travel underground. If the mine has less than 120 psi seals, he shall have the mine examined by a certified mine examiner in its entirety the same as for a coal producing shift, except where persons are to work only in the shaft, slope, drift, or on the immediate shaft or slope bottom, then only that area immediately surrounding the bottom shall be examined. If the mine has a minimum of 120 psi seals and the mine has not been examined in its entirety for 7 consecutive days, he shall have a certified mine examiner conduct a full mine examination, including seals and escape ways, prior to anyone other than the mine examiner or mine examiners designated by the mine manager to make the examination enter the underground areas of such mine. If it is known that the air downwind of a minimum 120 psi seals when tested at a point not less than 12 inches from the roof, face, or rib contains more than 1.0% of methane as determined by permissible methane detector, air analysis, or other recognized means of accurately detecting such gas, he shall have the mine examined in its entirety the same as for a coal producing shift, except where persons are to work only in the shaft, slope, or drift or on the immediate shaft or slope bottom, then only that area immediately surrounding the bottom shall be examined.

3. He shall see that no person, other than competent personnel, enters any underground area in a mine, except during a coal-producing shift, unless an examination of such area has been made by a mine examiner within 12 hours immediately preceding his entrance into such area.

4. If the mine has constructed a minimum of 120 psi seals, he shall have a certified mine examiner conduct weekly examinations at each seal along return and bleeder air courses and at each seal along intake air courses where intake air passing by the seal is not used to ventilate a working section. If the mine has constructed less than 120 psi seals, he shall have a certified mine examiner conduct a daily examination of each seal along return and bleeder air courses. If it is known that the air downwind of a minimum 120 psi seals when tested at a point not less than 12 inches from the roof, face, or rib contains more than 1.0% of methane as determined by permissible methane detector, air analysis, or other recognized means of accurately detecting such gas, he shall have each seal along return and bleeder air courses and at each seal along intake air courses where intake air passing by the seal not used to ventilate a working section to be examined by a certified mine examiner before the workers of any shift, other than the examiner or the examiners designated by the mine manager to make the examination, enter the underground areas of such mine.

5. He shall have a certified mine examiner conduct weekly examinations of escape ways required by Sections 19.11 and 19.13.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/5.10) (from Ch. 96 1/2, par. 510)

Sec. 5.10. To have the underground working places in the mine examined for hazards by competent personnel designated by the operator to do so, at least once during each coal-producing shift, or oftener if necessary for safety. Examinations shall include tests with a multi-gas detector for methane and oxygen deficiency. In all underground face workings where electrically driven equipment is operated, examinations for methane shall be made with a multi-gas detector by a person trained in the use of such multi-gas detector before equipment is taken into or operated in face regions, and frequent examinations for methane shall be made during such operations.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/5.11) (from Ch. 96 1/2, par. 511)

Sec. 5.11. To see that a mine examiner makes the examinations provided in Articles 5, 6, and 31 of this Act and that he enters his report either by calling the results of the examination to a recorder on the surface or by personally recording the report. The recorder or mine examiner shall record the report in a book or computer system that is provided by the operator for that purpose, and the book or computer system shall be secure and not susceptible to alteration.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/5.12) (from Ch. 96 1/2, par. 512)

Sec. 5.12. To examine the mine examiners' reports in the morning before workers are permitted to enter the mine, and if any working places are reported dangerous, the mine manager shall see that all workers and supervisory personnel concerned are notified of the danger and instruct them not to enter such places until the reported danger has been removed, except for the purpose of removing the dangerous condition.

(Source: P.A. 81-992.)

(225 ILCS 705/5.13) (from Ch. 96 1/2, par. 513)

Sec. 5.13. He shall provide a sufficient number of props, caps, and timbers, when needed, delivered on the miners' cars at the usual place, in suitable lengths and dimensions for the securing of the roof by the miners. When cross bars are set by the miners they shall be furnished in the required lengths.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.14) (from Ch. 96 1/2, par. 514)

Sec. 5.14. He shall see that cross-cuts are made at proper distances apart; that necessary doors, curtains, and brattices are provided to furnish the men in the mine the volume of air required by this Act or by the written demand of the State mine inspector; and that all stoppings along airways are properly built.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.15) (from Ch. 96 1/2, par. 515)

Sec. 5.15. He shall take daily barometer readings and record the readings when men are in the mine, and keep a careful watch over all ventilating apparatus and the air currents in the mine. When the ventilating fan at any mine fails or stops, he shall take immediate action to cut off the electric power and withdraw the workers from the face regions of the mine. In gassy mines, if the ventilation is restored within a reasonable time, the face regions and other places where methane is likely to accumulate shall be re-examined by competent personnel, and if such places are found to be free from explosive gas the power may be restored and work resumed. If the ventilation is not restored within a reasonable time all underground employees shall be removed from the mine. In non-gassy mines, if the ventilation is restored within a reasonable time, the power may be turned on and the work resumed without the necessity of re-examination.

(Source: P.A. 81-992.)

(225 ILCS 705/5.16) (from Ch. 96 1/2, par. 516)

Sec. 5.16. He shall measure the air current or cause the same to be measured at least once each week at the inlet and outlet, also at the last open cross-cut in each division or split, and shall keep a record of such measurements for the information of the State mine inspector.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.17) (from Ch. 96 1/2, par. 517)

Sec. 5.17. He or his assistant shall, at least once a week, examine the escapement shaft and the roadways leading thereto and all other openings for the safe exit of men to the surface; and shall make a record of any obstructions or other unsafe conditions existing therein, and cause the same to be promptly removed.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.18) (from Ch. 96 1/2, par. 518)

Sec. 5.18. He shall examine or designate a competent person to examine the hoisting ropes, cages, and safety catches every morning and shall require the ropes to be tested by hoisting the cages before men are lowered.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.19) (from Ch. 96 1/2, par. 519)

Sec. 5.19. At shaft mines, he must see that the top and bottom people are on duty at the beginning and end of regular shifts where people are hoisted in and out of the mine, and that sufficient lights are maintained at the top and bottom landings when the miners are being hoisted and lowered.

(Source: P.A. 80-296.)

(225 ILCS 705/5.20) (from Ch. 96 1/2, par. 520)

Sec. 5.20. He or his assistant shall be at his post at the mine when the men are lowered into the mine in the morning for work, and shall remain at night until all the men employed during the day shall have been hoisted up.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.21) (from Ch. 96 1/2, par. 521)

Sec. 5.21. He shall give special attention to and instructions concerning the proper storage and handling of permissible explosives in the mines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.22) (from Ch. 96 1/2, par. 522)

Sec. 5.22. Where coal is broken down "on shift"; and while men are in the mine, with compressed air, or by some mechanical or chemical-mechanical device which does not emit spark or flame, he shall see that frequent examination for gas and other hazards is made by competent personnel.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.23) (from Ch. 96 1/2, par. 523)

Sec. 5.23. He shall require all excessively dusty haulage roads to be thoroughly sprayed, sprinkled, cleaned or rockdusted at regular intervals when the health and safety of the men in the mines are jeopardized.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.24) (from Ch. 96 1/2, par. 524)

Sec. 5.24. To instruct employees as to their respective duties and to require of all employees obedience to the provisions of this Act.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.25) (from Ch. 96 1/2, par. 525)

Sec. 5.25. To prescribe special rules concerning the proper storage and handling of explosives in the mine and concerning the time and manner of placing and discharging the blasting shots, and it shall be unlawful for any miner to fire shots except according to such rules.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/5.26) (from Ch. 96 1/2, par. 526)

Sec. 5.26. In mines in which the works are so extensive that all the duties devolving upon the mine manager cannot be discharged by one man, competent persons may be designated and appointed as assistants to the mine manager, who shall exercise his functions under the mine manager's instructions.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 6 heading) ARTICLE 6. MINE EXAMINERS--REQUIREMENTS AND DUTIES.

(225 ILCS 705/6.01) (from Ch. 96 1/2, par. 601)

Sec. 6.01. Each applicant for a certificate of competency as mine examiner shall produce evidence satisfactory to the Mining Board that he is a citizen of the United States or lawfully admitted for permanent residence, at least 21 years of age and of good repute and temperate habits and that he has had at least 4 years practical underground mining experience, and has been issued a First Class Certificate of Competency by the Department of Natural Resources. He shall pass an examination as to his experience in mines generating dangerous gases, his practical and technological knowledge of the nature and properties of mine gases, the laws of ventilation, the structures and use of multi-gas detectors, and the laws of this State relating to safeguards against fires from any source in mines. He shall also submit to the Mining Board satisfactory evidence that he has completed a course of training in first aid to the injured and mine rescue methods and appliances prescribed by the Department. Persons who have graduated and hold a degree in engineering or an approved 4-year program in coal mining technology from an accredited school, college, or university, are required to have only 2 years of practical underground mining experience to qualify for the examination for a certificate of competency.

Persons who have graduated and hold a two-year Associate in Applied Science Degree in Coal Mining Technology from an accredited school, college or university are required to have only 3 years' practical underground mining experience to qualify for the examination for a Certificate of Competency as a Mine Examiner.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/6.02) (from Ch. 96 1/2, par. 602)

Sec. 6.02. Certified mine examiner. A certificated mine examiner shall be required at all coal mines. There shall be one or more additional certificated mine examiners whenever required in writing by the State Mine Inspector when the conditions are such as to make the employment of such additional mine examiners necessary.

(Source: P.A. 87-1133; 88-185.)

(225 ILCS 705/6.03) (from Ch. 96 1/2, par. 603)

Sec. 6.03. The mine examiner shall perform the duties set out in Sections 6.04 to 6.11, inclusive.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/6.04) (from Ch. 96 1/2, par. 604)

Sec. 6.04. In all mines:

1. When the mine is to be operated, he shall examine the prescribed working places of such mine within 3 hours before any workers in such shift, other than the examiner or the examiners designated by the mine manager to make the examination, enter the underground areas of the mine. Examine every active working place in the mine and make tests therein with a multi-gas detector for accumulation of methane and oxygen deficiency in the air therein; examine intake seals used to ventilate a working section and doors to determine whether they are functioning properly; inspect and test the roof, face, and rib conditions in the working areas and on active roadways and travelways; inspect active roadways, travelways, approaches to abandoned workings, and accessible falls in active sections for explosive gas and other hazards; and inspect to determine whether the air in each split is traveling in its proper course and in normal volume.

2. On non-coal producing shifts, if the mine has a constructed minimum of 120 psi seals, he shall examine the mine in any area where any person is scheduled to work or travel underground. If the mine has less constructed than 120 psi seals, he shall examine the mine in its entirety the same as for a coal producing shift, except where men are to work only in the shaft, slope, or drift or on the immediate shaft bottom, then only that area immediately surrounding the bottom need be examined. If the mine has a minimum of 120 psi seals and the mine has not been examined in its entirety for 7 consecutive days, a full mine examine shall be conducted, including seals and escape ways, prior to anyone other than the examiner or the examiners designated by the mine manager to make the examination enter the underground areas of such mine. If it is known that the air downwind of a minimum 120 psi seals when tested at a point not less than 12 inches from the roof, face, or rib contains more than 1.0% of methane as determined by permissible methane detector, air analysis, or other recognized means of accurately detecting such gas, he shall examine the mine in its entirety the same as for a coal producing shift, except where persons are to work only in the shaft, slope, or drift or on the immediate shaft or slope bottom, then only that area immediately surrounding the bottom shall be examined.

3. If the mine has constructed a minimum of 120 psi seals, he shall conduct weekly examinations at each seal along return and bleeder air courses and at each seal along intake air courses where intake air passing by the seal is not used to ventilate a working section. If such mine has constructed less than 120 psi seals, he shall conduct a daily examination of each seal along return and bleeder air courses. If it is known that the air downwind of a minimum 120 psi seals when tested at a point not less than 12 inches from the roof, face, or rib contains more than 1.0% of methane as determined by permissible methane detector, air analysis, or other recognized means of accurately detecting such gas, he shall examine each seal along return and bleeder air courses and at each seal along intake air courses where intake air passing by the seal not used to ventilate a working section before the workers of any shift may enter the underground areas of such mine.

4. Conduct weekly examinations of escape ways required by Sections 19.11 and 19.13.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/6.05) (from Ch. 96 1/2, par. 605)

Sec. 6.05. When in the performance of his duties, he shall carry with him a multi-gas detector in proper order and condition and a rod or bar for sounding the roof.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/6.06) (from Ch. 96 1/2, par. 606)

Sec. 6.06. He shall see that the air current is traveling in its proper course and in proper quantity; and measure with an anemometer the amount of air passing in the last cross-cut or break-through of each pair of entries, or in the last room of each division in long-wall mines, and at all other points where he may deem it necessary; and note the result of such measurements in the mine examiner's book kept for that purpose.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/6.07) (from Ch. 96 1/2, par. 607)

Sec. 6.07. He shall inspect all places where men are required in the performance of their duties to pass or to work, and observe whether there are any recent falls or dangerous roof or accumulations of gas or dangerous conditions in rooms or roadways; and examine especially all roadways leading to escapement shafts or other openings for the safe exit of men to the surface, the edges and accessible parts of recent falls and old gobs and air-courses.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/6.08) (from Ch. 96 1/2, par. 608)

Sec. 6.08. As evidence of his examination of said doors, rooms and roadways as provided for in this Article, he shall inscribe with chalk in some suitable place on the doors, the roof or walls of rooms and roadways, but not on the face of the coal, his initials and the date of his examination.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/6.09) (from Ch. 96 1/2, par. 609)

Sec. 6.09. When working places are discovered in which there are recent falls, dangerous roof, accumulation of gas or other dangerous conditions, he shall place, in all entrance ways to said working places where dangerous conditions exist, conspicuous marks or signs to "keep out". Should he find that the provisions of Section 24.03, with reference to distance rock dusting is back from the face, are not complied with, he shall record such condition, and the place, in his daily examination report.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/6.10) (from Ch. 96 1/2, par. 610)

Sec. 6.10. Upon completing his examination, he shall make a daily record either by calling out the results of the examination to a recorder on the surface or by personally recording the report. The recorder or mine examiner shall record the report in a book or computer system that is provided by the operator for that purpose, and the book or computer system shall be secure and not susceptible to alteration. The examination report is for the information of the company, the State Mine Inspector, and all other persons interested; and this report shall be recorded before the miners are permitted to enter the mine. If the examination report is called out by the mine examiner to a recorder, the recorder must place his signature, certificate number, and date in the book or computer system before the miners are permitted to enter the mine. If the examination report is called out, the mine examiner shall verify the report by his signature, certificate number, and date by or at the end of his shift. If the mine examiner finds an omission or error in the report, the report shall be corrected and he must immediately notify the shift mine manager of the omission or error.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/6.11) (from Ch. 96 1/2, par. 611)

Sec. 6.11. Should any dangerous conditions be found as described in Section 6.09, he shall immediately notify the shift mine manager, setting forth the nature of the conditions found and the location of same.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/6.12) (from Ch. 96 1/2, par. 612)

Sec. 6.12. It shall be unlawful for the operator of any mine to have in his service as mine examiner any person who does not hold a certificate of competency issued by the Mining Board except that anyone holding a mine manager's certificate may serve as a mine examiner. The mine manager shall not act in the capacity of mine examiner while acting as mine manager. However, whenever any exigency arises by which it is impossible for any operator to secure the immediate services of a certificated examiner, he may employ any trustworthy and experienced man of the mine inspection district to act as temporary mine examiner for a period not exceeding 7 days, and with the approval of the State Mine Inspector of the district, for a further period not exceeding 23 days. The employment of persons who do not hold certificates as mine examiners shall in no case exceed the limit of time specified herein, and the State Mine Inspector shall not approve of the employment of such persons beyond the 23 day limit.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/6.13) (from Ch. 96 1/2, par. 613)

Sec. 6.13. Effective on or after January 1, 1977, it shall be unlawful for the operator of any mine to employ underground any person in a supervisory capacity who does not hold a certificate of competency as a mine examiner or mine manager issued by the Mining Board; except those engineering and maintenance supervisors who supervise persons engaged in the maintenance and repair of underground equipment, provided that these supervisors have had training in mine ventilation and mine related hazards approved by the Mining Board. Upon request, the Mining Board may issue a temporary certificate of competency as mine examiner or mine manager to any person who possesses a valid equivalent certificate issued by the appropriate agency in another state, provided however that such temporary certificate shall be valid only until the first available examination given by the Mining Board or 6 months, whichever is longer.

(Source: P.A. 80-296.)

(225 ILCS 705/6.14) (from Ch. 96 1/2, par. 614)

Sec. 6.14. The certificate of any mine examiner may be cancelled and revoked by the Mining Board upon notice and hearing as hereinafter provided, if it shall be established in the judgment of the Mining Board that the holder thereof has obtained said certificate by fraud or misrepresentation of his experience or has become unworthy to hold said certificate by reason of violation of the law, intemperate habits, incapacity, abuse of authority or for any other cause. However, any person against whom charges or complaints are made hereunder shall have the right to appear before the Mining Board and defend himself against said charges, and he shall have 15 days' notice in writing of such charges previous to such hearing. The Mining Board, in its discretion, may suspend the certificate of any person charged as aforesaid, pending such hearing, but the hearing shall not be unreasonably deferred.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/6.15) (from Ch. 96 1/2, par. 615)

Sec. 6.15. A sufficient number of men trained in the use of a multi-gas detector shall be employed by the operator, who shall examine the mine for obnoxious and inflammable gases while men are working therein.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/6.16) (from Ch. 96 1/2, par. 616)

Sec. 6.16. When in the judgment of the State Mine Inspector, expressed in writing to the mine operator, certain sections of a mine generate dangerous quantities of explosive gases, the State Mine Inspector shall require those sections of the mine to be examined for gas in a prescribed manner and at shorter intervals of time than 3 hours preceding the time the day shift goes on duty for every day in which the mine is to be operated.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/Art. 7 heading) ARTICLE 7. HOISTING ENGINEER AND HOISTING.

(225 ILCS 705/7.02) (from Ch. 96 1/2, par. 702)

Sec. 7.02. Each applicant for a certificate of competency as electrical hoisting engineer shall produce evidence satisfactory to the Mining Board that he is a citizen of the United States or lawfully admitted for permanent residence, at least 21 years of age, that he has had two years' experience with electrical hoisting equipment, or has completed a training course in operation and maintenance of electrical hoisting machinery approved by the Mining Board and is of good repute and temperate habits. He shall pass an examination as to his practical and technical knowledge of the construction of same, the care and adjustment of electrical hoisting engines, the management and efficiency of electric pumps, ropes and winding apparatus and as to his knowledge of the laws of this State in relation to signals and the hoisting and lowering of men at mines.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/7.03) (from Ch. 96 1/2, par. 703)

Sec. 7.03. It shall be unlawful for the operator of any mine to permit any person who does not hold a certificate of competency as hoisting engineer issued by the Mining Board to hoist or lower men, or to have charge of the hoisting engine when men are underground. No certified engineer shall be required for automatically operated cages or platforms. Provided, at any slope mine where the angle of the slope is not more than twenty degrees and men are not lowered into and/or hoisted out of the mine by hoisting equipment, and there is ample room in the slope and it would be practicable in the event of an accident to remove an injured person from the mine, no hoisting engineer holding a certificate of competency issued by the Mining Board shall be required.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/7.04) (from Ch. 96 1/2, par. 704)

Sec. 7.04. The Mining Board may grant a permit to operate a second motion engine, or internal combustion engine, at any mine employing not more than 10 men, to any person recommended to the Mining Board by the State Mine Inspector of the district. The applicant for such permit shall have filed with the Mining Board satisfactory evidence that he is a citizen of the United States or lawfully admitted for permanent residence, that he has had at least one year of experience in operating a steam engine, steam boiler, or internal combustion engine and understands the handling and care of the same. Such application shall be accompanied by a statement from at least three persons who will testify from their personal knowledge of the applicant that he is a man of good repute and personal habits, and that he has, in their judgment, a knowledge of and experience in handling boilers and engines as required in this section. Such permit shall apply only to the mine for which it was issued, and for a period not to exceed one year, except such permit, when it expires, may be renewed by the Mining Board from year to year if the person holding same requests renewal, and certifies by sworn statement that all the circumstances and conditions are the same as when said permit was originally issued.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/7.05) (from Ch. 96 1/2, par. 705)

Sec. 7.05. The certificate of any hoisting engineer may be cancelled and revoked by the Mining Board upon notice and hearing as hereinafter provided, if it shall be established in the judgment of said Mining Board that the holder thereof has obtained said certificate by fraud or misrepresentation of his experience or has become unworthy to hold said certificate by reason of violation of the law, intemperate habits, incapacity, abuse of authority or for any other cause. However, any person against whom charges or complaints are made hereunder shall have the right to appear before the Mining Board and defend himself against said charges, and he shall have 15 days' notice in writing of such charges previous to such hearing. The Mining Board, in its discretion, may suspend the certificate of any person charged as aforesaid, pending such hearing, but said hearing shall not be unreasonably deferred.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.06) (from Ch. 96 1/2, par. 706)

Sec. 7.06. Whenever the hoisting or lowering of men occurs before daylight or after dark, or when the landing at which men take or leave the cage is at all obscured by steam or otherwise, there must always be maintained at such landing a light sufficient to show the landing and surrounding objects distinctly. Likewise, as long as there are men underground in any mine the operator shall maintain a good and sufficient light at the bottom of the shaft thereof, so that persons coming to the bottom may clearly discern the cage and objects in the vicinity.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.07) (from Ch. 96 1/2, par. 707)

Sec. 7.07. In connection with every hoisting engine used for hoisting or lowering of men there shall be provided a good and sufficient brake on the drum, so adjusted that it may be operated by the engineer without leaving his post at the levers.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.08) (from Ch. 96 1/2, par. 708)

Sec. 7.08. Every hoisting drum shall be provided with flanges attached to the sides of the drum, with a distance when the whole rope is wound on the drum of not less than 4 inches between the outer layer of rope and the greatest diameter of the flange.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.09) (from Ch. 96 1/2, par. 709)

Sec. 7.09. One end of each hoisting rope shall be well secured on the drum, and at least three laps of the same shall remain on the drum when the cage is at rest at the lowest caging place in the shaft. The lower end of each rope shall be securely fastened to the cage by suitable clamps or sockets and chains.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.10) (from Ch. 96 1/2, par. 710)

Sec. 7.10. An index dial or indicator that plainly shows the engineer at all times the true position of the cages in the shaft shall be placed in clear view of the engineer.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.11) (from Ch. 96 1/2, par. 711)

Sec. 7.11. At the beginning of each shift and after the mine has been idle, the hoisting engineer shall operate the cages up and down the shaft at least one round trip before hoisting or lowering men. A similar procedure shall be following in slope mines, except that an attendant may ride the trip.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.12) (from Ch. 96 1/2, par. 712)

Sec. 7.12. At every mine where men are hoisted and lowered by machinery there shall be provided means of signaling to and from the bottom man, the top man and the engineer. The signal system shall consist of a tube, or tubes, or wire encased in wood or iron pipes, through which signals shall be communicated by electricity, compressed air or other pneumatic devices or by ringing a bell. When compressed air or other pneumatic devices are used for signaling, provision must be made to prevent signal from repeating or reversing.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.13) (from Ch. 96 1/2, par. 713)

Sec. 7.13. The following signals shall be used at all the mines.

1. From the bottom to the top: One ring or whistle shall signify to hoist coal or the empty cage, and also to stop either when in motion.

2. Two rings or whistles shall signify to lower cage.

3. Three rings or whistles shall signify that men are coming up or going down; when return signal is received from the engineer the men shall get on the cage and the proper signal to hoist or lower shall be given.

4. Four rings or whistles shall signify to hoist slowly, implying danger.

5. Five rings or whistles shall signify accident in the mine and a call for a stretcher.

6. Six rings or whistles shall signify hold cage perfectly still until signaled otherwise.

7. From top to bottom, one ring or whistle shall signify: All ready, get on cage.

8. Two rings or whistles shall signify: Send away empty cage.

However, the operator of any mine may, with the consent of the State Mine Inspector, add to the code of signals. The code of signals in use at any mine shall be conspicuously posted at the top and at the bottom of the shaft, and in the engine room at some point in front of the engineer when standing at his post.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.14) (from Ch. 96 1/2, par. 714)

Sec. 7.14. Where a hoisting engineer is required by law, he shall:

1. Be in constant attendance at his engine, or boilers, at all times when there are workers underground. When it is the duty of the engineer to attend to the boilers, means for signaling from the shaft bottom to the boiler room shall be provided.

2. Not permit anyone except duly authorized persons to enter the engine room; nor converse with any person while his engine is in operation, or while his attention is occupied with the signals.

3. Thoroughly understand the established code of signals, and when he has the signal that men are on the cage he shall not operate his engine to exceed the rate of speed provided in Section 7.18 except as permitted by the State Mine Inspector.

4. Not permit anyone to handle, except in the official discharge of duty, any machinery under his charge; nor permit anyone who is not a certified engineer to operate his engine, except for the purpose of teaching an apprentice to operate the engine, and then only in his presence and when men are not on the cage.

(Source: P.A. 81-992.)

(225 ILCS 705/7.15) (from Ch. 96 1/2, par. 715)

Sec. 7.15. The hoisting engineer or some other properly authorized employee shall:

1. Keep a careful watch over the engines, boilers, pumps, ropes, and winding apparatus.

2. Be certain the boilers are properly supplied with water, cleaned, and inspected at frequent intervals.

3. Be certain the steam pressure does not exceed the limit established by the boiler inspector, frequently open the try cocks and the safety valves, and not increase the weights on the safety valves.

4. Be certain the steam and water gauges are kept in good order. If any of the pumps, valves, or gauges become deranged or fail to act he shall immediately report the fact to the proper authorities.

5. Make a daily inspection of the hoisting equipment.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.16) (from Ch. 96 1/2, par. 716)

Sec. 7.16. No person shall handle or disturb any part of the hoisting machinery without proper authority.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.17) (from Ch. 96 1/2, par. 717)

Sec. 7.17. At every shaft where men are hoisted or lowered by machinery, the operator shall station a competent man at the top and at the bottom of the shaft who shall attend to signals, and be empowered to preserve order and enforce the rules governing the carriage of men on cages. The top man and bottom man shall be at their respective posts of duty a sufficient length of time before hoisting of coal begins in the morning and after the hoisting of coal ceases for the day, to properly perform their duties as provided for in this Section.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.18) (from Ch. 96 1/2, par. 718)

Sec. 7.18. Cages on which men are riding shall not be lifted nor lowered at a rate of speed greater than 600 feet per minute, except with the written consent of the State Mine Inspector. No person shall carry any tools, timber or other materials with him on any cage in motion, except for use in repairing the shaft and no one shall ride on a cage containing either a loaded or empty car.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.19) (from Ch. 96 1/2, par. 719)

Sec. 7.19. Every boiler shall be provided with a glass water gauge and not less than three try cocks and also a steam gauge, except that where two or more boilers are equipped with a steam drum properly connected with the boilers to indicate the steam pressure and without any valves between the boilers and the steam drum, the steam gauge may be placed in the steam drum. A steam gauge shall be attached to the steam pipe in the engine house, and the steam gauges shall be placed in such a position that the engineer and the fireman can readily see what pressure is being carried. The steam gauges shall be kept in good order and adjusted, and be tested as often as every six months.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.20) (from Ch. 96 1/2, par. 720)

Sec. 7.20. On boilers connected with one another by what is known as headerlines, all valve connections thereto shall be closed and securely fastened while the boiler or boilers are being washed, cleaned, or repaired for the protection of the person so engaged.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.21) (from Ch. 96 1/2, par. 721)

Sec. 7.21. Every boiler shall be provided with a safety valve with weights or springs properly adjusted except that where two or more boilers are equipped with a steam drum properly connected with the boilers to indicate the steam pressure and without any valves between the boilers and the steam drum, the safety valve may be placed in the steam drum.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/7.22) (from Ch. 96 1/2, par. 722)

Sec. 7.22. All boilers used in generating steam in and about coal mines or in sinking shafts shall be kept in good order. The operator of every coal mine where steam boilers are in use, shall have the boilers thoroughly examined by a competent boilermaker, or other qualified person, not an employee of the operator, as often as once in every 6 months, and oftener if the State Mine Inspector so requires in writing. The result of every such inspection shall be reported on suitable blanks to the State Mine Inspector.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 8 heading) ARTICLE 8. MINERS' EXAMINATIONS. (Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.01) (from Ch. 96 1/2, par. 801)

Sec. 8.01. No person shall be employed or engaged at the face of the coal as a coal loader, loading machine operator, cutting machine operator, driller or shooter, timberman or roof bolter in any coal mine in this State without having first obtained a certificate of competency from the Mining Board, and having completed a course of instruction in first aid to the injured and mine rescue methods and appliances prescribed by the Department, except that any such certified miner may have one person working with him and under his direction as an apprentice for the purpose of learning the business of mining and becoming qualified to obtain a certificate of competency.

No person who enters employment as an apprentice miner shall be employed as an apprentice miner for a period longer than 12 months after becoming eligible to obtain a first class certificate of competency, except in the event of illness or injury, when time extensions may be permitted in a manner established by the Mining Board.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.02)

Sec. 8.02. (Repealed).

(Source: P.A. 101-384, eff. 1-1-20. Repealed by P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.03)

Sec. 8.03. (Repealed).

(Source: P.A. 101-384, eff. 1-1-20. Repealed by P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.04) (from Ch. 96 1/2, par. 804)

Sec. 8.04. Each Mining Board officer shall receive his traveling and other necessary expenses actually expended in the discharge of his official duties. Expenses of such officers shall be paid monthly. All expense accounts shall be itemized and verified by the examining officer receiving the same, and shall be approved by the Director.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.05) (from Ch. 96 1/2, par. 805)

Sec. 8.05. All records, reports, books, papers, and other property pertaining to the office of the Mining Board shall be kept by the secretary. The secretary shall be provided with a seal with proper device, and on the margin thereof shall be the words, "Mining Board, State of Illinois."

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.06) (from Ch. 96 1/2, par. 806)

Sec. 8.06. The Mining Board shall hold an examination once in each calendar month, and at such other times and at such places as the Director may designate. The Director shall endeavor to schedule examinations at places located most conveniently with reference to the districts in which coal is mined in the State of Illinois so that all persons in such district or in this State, or who may wish to come into this State for the purpose of engaging in mining may be examined as to their competency and qualifications. Public notice of the examinations shall be given through the press or otherwise not less than 7 days in advance of such meeting, which notice shall fix the time and place at which any examination under this Act is to be held.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.07) (from Ch. 96 1/2, par. 807)

Sec. 8.07. Each applicant who satisfies the requirements set forth in this Article shall receive his or her certificate of competency upon satisfactorily passing the examination and submitting a fee as prescribed by rule. All fees collected shall be deposited into the Coal Mining Regulatory Fund. The monies deposited into the Coal Mining Regulatory Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)

(225 ILCS 705/8.08) (from Ch. 96 1/2, par. 808)

Sec. 8.08. All examinations held by the Mining Board shall be of a practical nature so as to determine the competency and qualification of the applicant to engage in mining. The Mining Board shall examine under oath all persons who apply for certificates as to their previous experience as miners and shall grant certificates of competency to such applicants as are qualified, which certificates shall entitle the holder thereof to be employed as and to do the work of miners in this State.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.09) (from Ch. 96 1/2, par. 809)

Sec. 8.09. A first class certificate of competency shall be issued to any person under this Article who can produce satisfactory evidence to the Mining Board of having had not less than 1 year experience as a worker on coal producing sections of a coal mine and having had an opportunity during that year of observing and helping to perform all the work required in that section and also to learn the fundamentals of roof control, testing of top, and testing for gas, which could be accomplished by the cooperation of management and workers, and that he has completed a course in first aid for the injured.

A first class certificate of competency shall also be issued to any person under this Article who can produce satisfactory evidence to the Mining Board of having been employed as a worker or a trainee in an underground coal mine for a period not less than 6 months and having had an opportunity during that 6 months of observing and helping to perform work required on a coal producing section and also to learn the fundamentals of ventilation, roof control, testing of rib and roof, and testing for gas, and that he has completed a course in first aid for the injured, and possesses a two-year Associate in Applied Science Degree in Coal Mining Technology or a degree in Engineering from an approved school or college, or university.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)

Sec. 8.11. In no case shall an applicant for a certificate of competency be deemed competent unless he appears in person before the Mining Board and orally answers intelligently and correctly practical questions, propounded to him by said Board, pertaining to the requirements and qualifications of a practical miner.

(Source: P.A. 102-937, eff. 5-27-22; 103-154, eff. 6-30-23.)

(225 ILCS 705/8.12) (from Ch. 96 1/2, par. 812)

Sec. 8.12. The Mining Board shall make an accurate record of its proceedings and meetings and in the record shall show a correct detailed account of the examination of each applicant with questions asked and their answers, and the record made shall be open for public inspection.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.13) (from Ch. 96 1/2, par. 813)

Sec. 8.13. No miners' certificate granted under the provisions of this Article is transferable and any effort to transfer the same is a violation of this Act. Such certificates shall be issued only at meetings of the Mining Board and shall not be valid unless signed by at least two members of the Mining Board and sealed with the seal of such Board.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.14) (from Ch. 96 1/2, par. 814)

Sec. 8.14. The Mining Board shall annually on the first day of March, report to the Director, in writing, what examinations it has held and what work it has done during the preceding year, together with such recommendations as it may deem advisable for the improvement of the method of holding examinations and carrying out the purposes of this Article.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.15) (from Ch. 96 1/2, par. 815)

Sec. 8.15. No person shall engage as a miner in any coal mine without having obtained a certificate of competency as provided for in this Article, nor shall any person, firm, or corporation employ as a miner in his, her, their or its mine in this State, any person who does not hold such certificate, nor shall any mine foreman, overseer, or superintendent permit or allow any person to be employed under him or her or in any mines under his or her charge or supervision as a miner in any mine in this State, except as provided in this Article, who does not hold such certificate of competency. Any person, firm or corporation who shall violate or fail to comply with the provisions of this Article shall be guilty of a Class B misdemeanor.

(Source: P.A. 85-1333.)

(225 ILCS 705/8.16) (from Ch. 96 1/2, par. 816)

Sec. 8.16. The Mining Board shall report all complaints or charges of noncompliance with, or violation of the provisions of this Article to the State's Attorney of the county in which such non-compliance or violation occurs, and the State's Attorney of the county wherein the complaints or charges are made shall investigate the same and prosecute all persons so offending.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.17) (from Ch. 96 1/2, par. 817)

Sec. 8.17. In order to more effectively carry out the intention and purposes of this Article, the Mining Board shall have power to administer oaths to any and all persons who are applicants or may vouch in any manner for the service or qualification of any applicant in order to obtain for him a certificate hereunder, and any person who shall wilfully and falsely swear or testify as to any matter material to such examination or as to the service or qualification of any applicant shall be deemed guilty of perjury and shall be subject to the penalties thereof as prescribed by the criminal code of this State.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.18) (from Ch. 96 1/2, par. 818)

Sec. 8.18. The Governor shall have the power and authority to remove any Mining Board officer for neglect of duty, incompetency, or malfeasance in office, and upon such removal shall appoint a successor.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.19) (from Ch. 96 1/2, par. 819)

Sec. 8.19. It shall be unlawful for any member of the Mining Board to issue any certificate of competency pursuant to this Section when he knows or has reason to know that the applicant fails to meet any of the requirements for the certificate.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.20) (from Ch. 96 1/2, par. 820)

Sec. 8.20. It shall be unlawful for any person or operator to knowingly falsify or to misrepresent to any person the length of practical experience or qualifications of an applicant for a certificate of competency.

(Source: P.A. 79-460.)

(225 ILCS 705/8.21) (from Ch. 96 1/2, par. 821)

Sec. 8.21. Any person who applies for a certificate of competency provided in this Article shall cause to be posted in a conspicuous place available to all employees on the premises of the mine at which he is employed a copy of his application for such certificate. The employer of such persons shall provide a suitable location for such posting. The application shall be posted for a period of 30 days from the date of such application. This posting requirement shall be in addition to the requirements of Section 3.07 of this Act which shall apply fully to certificates applied for and issued under this Article.

(Source: P.A. 85-1333.)

(225 ILCS 705/Art. 9 heading) ARTICLE 9. EMPLOYMENT OF BOYS AND WOMEN.

(225 ILCS 705/9.01) (from Ch. 96 1/2, par. 901)

Sec. 9.01. No person under the age of 18 years shall be permitted to do any manual labor in or about any mine.

(Source: P.A. 79-876.)

(225 ILCS 705/9.02) (from Ch. 96 1/2, par. 902)

Sec. 9.02. Before any person may be permitted to work in any mine he must furnish, to the mine manager or other official, an affidavit from his parent or guardian or next of kin, sworn and subscribed to before a notary public, that he is 18 or more years of age.

(Source: P.A. 79-876.)

(225 ILCS 705/9.03) (from Ch. 96 1/2, par. 903)

Sec. 9.03. The parent, guardian or next of kin shall submit in connection with said affidavit, a certificate of birth, a baptismal certificate, a passport or other official or religious record of the person's age or duly attested transcript thereof, which certificate or transcript thereof shall, for the purposes of this Act, establish the age of said person.

(Source: P.A. 79-876.)

(225 ILCS 705/9.04) (from Ch. 96 1/2, par. 904)

Sec. 9.04. Any person swearing falsely in regard to the age of any person shall be guilty of perjury, and shall be punished as provided in the statutes of the State pertaining to perjury.

(Source: P.A. 9-876.)

(225 ILCS 705/Art. 10 heading) ARTICLE 10. ACCIDENTS AND INJURIES.

(225 ILCS 705/10.01) (from Ch. 96 1/2, par. 1001)

Sec. 10.01. Any loss of life or personal injury in or about any coal mine shall be reported without delay, by the persons having charge of the mine, to the State Mine Inspector of the district. The State Mine Inspector, in all cases of loss of life, shall go immediately to the scene of the accident and render every possible assistance to those in need.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/10.02) (from Ch. 96 1/2, par. 1002)

Sec. 10.02. Every operator of a coal mine shall make or cause to be made and preserve for the information of the State Mine Inspector, upon uniform blanks furnished by said Inspector a record of all deaths and all injuries sustained by any of his employees in the pursuance of their regular occupations.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/10.03) (from Ch. 96 1/2, par. 1003)

Sec. 10.03. If any person is killed in or about a mine the operator shall notify the coroner of the county, who shall hold an inquest concerning the cause of the death. The State Mine Inspector may question or cross-question any witness testifying at the inquest.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/10.04) (from Ch. 96 1/2, par. 1004)

Sec. 10.04. The State Mine Inspector shall make a personal investigation as to the nature and cause of all serious accidents in mines under his supervision. He shall make a record of the circumstances attending the accident, as developed at the coroner's inquest and by his own personal investigation. A copy of the record shall be filed with the Department within 30 days following the conclusion of the investigation, and the report shall thereupon become a part of the records of the Department. To enable the State Mine Inspector to make his investigation he has the power to compel the attendance of witnesses, and to administer oaths or affirmations to them.

(Source: P.A. 79-340.)

(225 ILCS 705/10.05) (from Ch. 96 1/2, par. 1005)

Sec. 10.05. The Department shall furnish, upon application, a certified copy of all records, reports and proceedings relating to any serious accident, to interested persons, and upon the payment or tender of fees at such rates as are now paid to the clerks of circuit courts in counties of the second class for certified copies of records. Refusal to furnish such copies is a Class A misdemeanor.

(Source: P.A. 77-2830.)

(225 ILCS 705/10.06) (from Ch. 96 1/2, par. 1006)

Sec. 10.06. At every mine, it shall be the duty of the operator thereof to keep always on hand, and at some readily accessible place, a sufficient amount of properly constructed stretchers, woolen and waterproof blankets and splints; a suitable supply of first aid equipment in good condition, ready for immediate use for binding, covering and carrying any one who may be injured at the mine. Any person willfully removing or destroying any first aid material or equipment as required above, shall be guilty of a Class A misdemeanor and shall be punished as provided in the statutes of the State.

(Source: P.A. 77-2830.)

(225 ILCS 705/10.07) (from Ch. 96 1/2, par. 1007)

Sec. 10.07. For any injury to person or property, occasioned by any willful violation of this Act, or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured, for any direct damages sustained thereby; and in case of loss of life by reason of such willful violation or willful failure, a right of action shall accrue to the personal representative of the person so killed for the exclusive benefit of the surviving spouse and next of kin of such person and to any other person or persons who were, before such loss of life, dependent for support on the person or persons so killed for a like recovery of damages for the injuries sustained by reason of such loss of life or lives not to exceed the sum of $20,000.00. Every such action for damages in case of death shall be commenced within one year after the death of such person. The amount recovered by the personal representative of the person so killed shall be distributed to the surviving spouse and next of kin of such person in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate. If and whenever there is in force in this State a statute or statutes providing for compensation to workers for all injuries received in the course of their employment, the provisions thereof shall apply in lieu of the right of action for damages provided in this Act.

(Source: P.A. 83-340.)

(225 ILCS 705/10.08)

Sec. 10.08. Use of telecommunications center. In order to ensure a quick and efficient means of effectively disseminating duties and responsibilities to those agencies involved in mining emergency response, the Department shall use the telecommunications center maintained by the Illinois Emergency Management Agency to notify agents of the Department and other State, federal, and local agencies in the event of an emergency in or about any coal mine. The Illinois Emergency Management Agency, in conjunction with the Mining Board, shall establish procedures concerning the manner in which the Illinois Emergency Management Agency shall record pertinent information regarding a mining emergency, determine the urgency of a call, and forward information to the Department.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/Art. 11 heading) ARTICLE 11. MINE RESCUE.

(225 ILCS 705/11.01) (from Ch. 96 1/2, par. 1101)

(Text of Section before amendment by P.A. 103-739)

Sec. 11.01. Mine rescue stations. For the purpose of providing prompt and efficient means of fighting fires and of saving lives and property jeopardized by fires, explosions or other accidents in coal mines in Illinois, there shall be constructed, equipped and maintained at public expense 4 mine rescue stations, certified by the Mine Safety and Health Administration of the U.S. Department of Labor, to serve the coal fields of the State. Notwithstanding any other law of this State, the primary responsibility for the control and maintenance of the mine rescue stations shall be vested with the Department. Each station shall be equipped with a mobile mine rescue unit. The Department may establish, equip and maintain three additional substations for preservation of health and safety if the conditions warrant. Temporary certification may be issued by the Mining Board for a maximum of 6 months after the effective date of this amendatory Act of the 94th General Assembly.

(Source: P.A. 94-1041, eff. 7-24-06.)

(Text of Section after amendment by P.A. 103-739)

Sec. 11.01. State mine rescue stations. For the purpose of providing prompt and efficient means of saving lives jeopardized by fires, explosions or other accidents in coal mines in Illinois, there shall be constructed, equipped, and maintained at public expense 4 State mine rescue stations, certified by the Mine Safety and Health Administration of the U.S. Department of Labor, to serve the coal fields of the State. Notwithstanding any other law of this State, the primary responsibility for the control and maintenance of the State mine rescue stations shall be vested with the Department. Each station shall be equipped with a mobile mine rescue unit. The Department may establish, equip and maintain 3 additional substations for preservation of health and safety if the conditions warrant.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/11.02) (from Ch. 96 1/2, par. 1102)

(Text of Section before amendment by P.A. 103-739)

Sec. 11.02. The Department shall provide or purchase or accept as a gift, suitably located sites for the stations, temporary and permanent quarters and suitable equipment and materials for the work. The Department shall further arrange for cooperation in the work with mine owners, miners and State and federal organizations so as to render the service of the utmost efficiency.

(Source: Laws 1953, p. 701.)

(Text of Section after amendment by P.A. 103-739)

Sec. 11.02. The Department shall provide or purchase or accept as a gift, suitably located sites for the State mine rescue stations, temporary and permanent quarters and suitable equipment and materials for the work.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/11.03) (from Ch. 96 1/2, par. 1103)

(Text of Section before amendment by P.A. 103-739)

Sec. 11.03. Mine rescue station operation. The Department shall employ a superintendent for each station. The Department is authorized to pay for such assistants as may be needed in giving instruction in first aid to the injured and such other assistants as may be needed from time to time to properly carry on the work of the rescue stations. Not more than 2 assistants shall be employed for each mobile mine rescue unit.

(Source: P.A. 88-472.)

(Text of Section after amendment by P.A. 103-739)

Sec. 11.03. State mine rescue station operation. The Department shall employ a State mine rescue station superintendent for each station. The Department is authorized to employ such assistants as may be needed in giving instruction in first aid to the injured and such other assistants as may be needed from time to time to properly carry on the operations of the State mine rescue stations. Not more than 2 assistants shall be employed for each mobile mine rescue unit.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/11.04) (from Ch. 96 1/2, par. 1104)

(Text of Section before amendment by P.A. 103-739)

Sec. 11.04. The Department shall supervise the work at each of the stations, shall purchase necessary supplies, and shall keep a complete record of all operations and expenditures and an invoice of all supplies on hand. The Department shall provide that at each station some representative shall be on duty or within call at all hours of day and night for each day of the year.

(Source: Laws 1953, p. 701.)

(Text of Section after amendment by P.A. 103-739)

Sec. 11.04. The Department shall supervise the operations of each of the State mine rescue stations, shall purchase necessary supplies, and shall keep a complete record of all operations and expenditures and an invoice of all supplies on hand. The Department shall provide that at each State mine rescue station some representative shall be on duty or within call at all hours of day and night for each day of the year.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/11.05) (from Ch. 96 1/2, par. 1105)

(Text of Section before amendment by P.A. 103-739)

Sec. 11.05. Whenever the superintendent of any station shall be notified by any responsible person that an explosion or accident requiring his services has occurred at any mine in the State, he shall proceed immediately with suitable equipment and on arrival at the said mine shall superintend the work of the rescue corps in saving life and property; and he shall co-operate with the State Mine Inspector and the management of the mine in rescue work to such extent as is necessary, for the protection of human life in the mine, during such time as members of the rescue corps are underground and while there is a reasonable expectation that men in the mine may be alive.

(Source: Laws 1953, p. 701.)

(Text of Section after amendment by P.A. 103-739)

Sec. 11.05. Whenever the mine rescue station superintendent of any State mine rescue station shall be notified by any responsible person that an explosion or accident requiring mine rescue services has occurred at any mine in the State, he shall proceed immediately with suitable equipment and on arrival at the said mine shall superintend the work of the State mine rescue teams in saving lives. The mine rescue station superintendent shall cooperate with the State Mine Inspector, management of the mine, and State and federal organizations to such extent as is necessary for the protection of human life in the mine during such time as members of the State mine rescue teams are underground and while there is a reasonable expectation that persons in the mine may be alive. Recovery operations that are intended solely for the purpose of securing property are not covered by this Section. Additional mine rescue services for the purpose of securing property are the responsibility of the operator of the property.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/11.06) (from Ch. 96 1/2, par. 1106)

Sec. 11.06. Should an explosion occur, or a fire that is not promptly extinguished, at any mine in the State, the operator of said mine or his representative shall immediately notify the Department.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/11.07)

(Text of Section before amendment by P.A. 103-739)

Sec. 11.07. Rescue teams. Rescue teams shall be based out of each mine rescue station to serve the Illinois coal industry as either a primary or secondary responder. Every operator in the State must provide employees to serve on a rescue team and must compensate these employees who are serving as rescue team members at their regular rate of pay.

(Source: P.A. 94-1041, eff. 7-24-06.)

(Text of Section after amendment by P.A. 103-739)

Sec. 11.07. Mine rescue teams.

(a) Each coal producing mine must maintain a fully equipped mine rescue team or mine complex rescue team with a responsible person in charge of training and recordkeeping and at least one member trained in the maintenance of the breathing apparatuses. New coal operations are exempt from the requirements of this subsection for a period of one year commencing from the date that coal is first extracted from the mine.

(b) Mine rescue teams shall be based out of each State mine rescue station to serve the Illinois coal industry as either a primary or secondary responder. Every coal producing mine in the State must assign its mine rescue team or mine complex rescue team to a State mine rescue station and must compensate these employees at their regular rate of pay. The Mining Board shall establish training requirements for mine rescue teams and mine complex rescue teams.

(c) Coal producing mines that maintain a mine rescue station are exempt from providing a mine rescue team or mine complex rescue team to serve the State mine rescue station if:

(1) the State mine rescue station maintains a minimum of 2 mine rescue teams assigned to serve the State mine rescue station; and

(2) the operator of the coal producing mine agrees to assist the State with mine rescue services if an emergency occurs.

(d) All costs incurred in a rescue operation shall be the responsibility of the operator having the emergency event.

(Source: P.A. 103-739, eff. 1-1-25.)

(225 ILCS 705/11.08)

Sec. 11.08. Self-contained self-rescuer (SCSR) devices; caches; strobe lights; luminescent signs.

(a) An operator must require each person underground to carry a SCSR device on his or her person or, alternatively, a SCSR device must be kept within 25 feet of the person underground or may be kept more than 25 feet from the person underground if done according to a plan approved by the Mining Board.

(b) An operator must provide for each person who is underground at least one SCSR device, in addition to the device required under subsection (a), that provides protection for a period of one hour or longer, to cover all persons in the mine. This additional SCSR device must be kept within 25 feet of the person underground or may be kept more than 25 feet from the person underground if done according to a plan approved by the Mining Board.

(c) If a mantrip or mobile equipment is used to enter or exit the mine, additional SCSR devices, each of which must provide protection for a period of one hour or longer, must be available for all persons who use such transportation from portal to portal.

(c-5) Beginning July 31, 2007, in addition to the SCSR devices required under subsections (a), (b), and (c) of this Section, an operator must provide a minimum of 30 SCSR devices in each cache located within a mine. All SCSR devices required under this subsection (c-5) shall be stored in caches that are conspicuous and readily accessible by each person in the mine. If the average seam height of a mine is:

(1) less than 40 inches, caches must be located no more than 2,200 feet apart throughout a mine;

(2) 40 inches or more, but less than 51 inches, caches must be located no more than 3,300 feet apart throughout a mine;

(3) 51 inches or more, but less than 66 inches, caches must be located no more than 4,400 feet apart throughout a mine; and

(4) 66 inches or more, caches must be located no more than 5,700 feet apart throughout a mine.

An operator must submit for approval a plan addressing the requirements of this subsection (c-5) to the Mining Board on or before May 1, 2007.

(d) The Mining Board must require all operators to provide additional SCSR devices in the primary and alternate escapeways to ensure safe evacuation if the Mining Board determines that the SCSR devices required under subsections (a), (b), (c), and (c-5) are not adequate to provide enough oxygen for all persons to safely evacuate the mine under mine emergency conditions for all persons underground through both primary and alternate escapeways. The Mining Board must determine the time needed for safe evacuation under emergency conditions from each of those locations at 1,000 foot intervals. If the Mining Board determines that additional SCSR devices are needed under this subsection (d), the mine operator must submit a SCSR storage plan to the Mining Board for approval. The mine operator must include in the SCSR storage plan the location, quantity, and type of additional SCSR devices, including, but not limited to, SCSR devices required under subsections (a), (b), (c), and (c-5) of this Section, each of which must provide protection for a period of one hour or longer, that are stored in the primary and alternate escapeways. The SCSR storage plan must also show how each storage location in the primary and alternate escapeways was determined. The Mining Board must require the mine operator to demonstrate that the location, quantity, and type of the additional SCSRs provide protection to all persons to safely evacuate the mine. The SCSR storage plan must be kept current by the mine operator and made available for inspection by an authorized representative of the Mining Board and by the miners' representative.

(e) (Blank).

(f) An operator must provide luminescent direction signs leading to each cache and rescue chamber in a mine, and a luminescent sign with the word "SELF-RESCUER" or "SELF-RESCUERS" must be conspicuously posted at each cache and rescue chamber.

(g) Intrinsically safe, battery-powered strobe lights that have been approved by the Department must be affixed to each cache and rescue chamber and must be capable of automatic activation in the event of an emergency; however, until such time as the Department approves intrinsically safe, battery-powered strobe lights, reflective tape or any other illuminated material approved by the Department must be affixed to each cache and rescue chamber in a mine.

(h) The Mining Board must adopt and impose a plan for the daily inspection of SCSR devices required under subsections (a), (b), and (c) of this Section in order to ensure that the devices perform their designated functions each working day. Additional SCSR devices required under subsections (c-5) and (d) must be inspected every 90 days to ensure that the devices perform their designated functions, in addition to meeting all federal Mine Safety and Health Administration requirements.

(i) Any person who, without the authorization of the operator or the Mining Board, knowingly removes or attempts to remove any self-contained self-rescue device, battery-powered strobe light, reflective tape, or any other illuminated material approved by the Department from a mine or mine site with the intent to permanently deprive the operator of the device, light, reflective tape, or illuminated material or who knowingly tampers with or attempts to tamper with the device, light, reflective tape, or illuminated material is guilty of a Class 4 felony.

(j) (Blank).

(k) (Blank).

(Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.)

(225 ILCS 705/11.09)

Sec. 11.09. Rescue chambers.

(a) Rescue chambers must be provided and located within 3,000 feet of each working section of a mine, in accordance with a plan submitted by an operator and approved by the Mining Board.

(b) An operator must submit a plan for approval concerning the construction and maintenance of rescue chambers required under this Section to the Mining Board on or before May 1, 2007.

(Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.)

(225 ILCS 705/11.10)

Sec. 11.10. Materials for barricade. Each working section of a mine must have an emergency sled or wagon located no more than 1,000 feet from the working faces of the mine with the following materials and amounts in constant supply:

(1) 8 timbers of suitable length or roof jacks of equal capability;

(2) 200 linear feet of brattice cloth of adequate height to the coal seam;

(3) 2 hand saws;

(4) 20 1 x 6 brattice boards at least 12 feet long each;

(5) 10 pounds of 10d nails;

(6) 10 pounds of 16d nails;

(7) 10 pounds of spads;

(8) 25 cap boards;

(9) 20 header boards;

(10) 2 axes;

(11) 2 claw hammers;

(12) one sledge hammer;

(13) one shovel;

(14) 10 bags of wood fiber plaster or 5 bags of cement or the equivalent;

(15) 4 sets of rubber gloves; and

(16) 5 gallons of sealed, distilled drinking water.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/11.11)

Sec. 11.11. Rulemaking. The Mining Board shall adopt all rules necessary for the administration of this Article.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/Art. 12 heading) ARTICLE 12. ANALYTICAL LABORATORY.

(225 ILCS 705/12.01) (from Ch. 96 1/2, par. 1201)

Sec. 12.01. The analytical laboratory heretofore established by the Department to analyze mine atmospheres for explosive and noxious gases, and mine dusts for incombustible content, shall be continued.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/12.02) (from Ch. 96 1/2, par. 1202)

Sec. 12.02. Ample equipment and space, and qualified personnel shall be provided for the laboratory.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/12.03) (from Ch. 96 1/2, par. 1203)

Sec. 12.03. The personnel of the analytical laboratory shall be under the supervision of the Mining Board.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 13 heading) ARTICLE 13. MISCELLANEOUS REGULATIONS.

(225 ILCS 705/13.01) (from Ch. 96 1/2, par. 1301)

Sec. 13.01. No person shall deface, damage, destroy, or otherwise render inoperative any machinery or apparatus in or about coal mines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.02) (from Ch. 96 1/2, par. 1302)

Sec. 13.02. In any gassy mine, no person shall smoke or take into the mine any smoking articles, or use or carry an open light, or matches, or a spark or flame creating device, except as allowed by Section 21.08 of this Act.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.03) (from Ch. 96 1/2, par. 1303)

Sec. 13.03. No person shall deface, damage, or destroy any bulletin, notice, danger signal or record book.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.04) (from Ch. 96 1/2, par. 1304)

Sec. 13.04. Every miner shall sound and thoroughly examine the roof of his working place before commencing work, and if he finds loose rock or other dangerous conditions, he shall not work in such dangerous place except to make such dangerous conditions safe.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.05) (from Ch. 96 1/2, par. 1305)

Sec. 13.05. Every miner shall properly prop and timber in a skillful and workmanlike manner, in order to secure his place for his own safety, with materials provided therefor by the operator in lengths as required by this Act. The miner shall have the necessary tools to enable him to comply with the provisions of this section.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.06) (from Ch. 96 1/2, par. 1306)

Sec. 13.06. Every operator shall post at some conspicuous point at the entrance to the mine, in such manner that the employees of the mine can read them, rules not inconsistent with this Act, plainly printed in the American language, which shall govern all persons working in the mine, and the posting of such notice, as herein provided, shall charge all employees of such mine with legal notice of the contents thereof.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.07) (from Ch. 96 1/2, par. 1307)

Sec. 13.07. Every person shall obey the working rules of the mine. No person shall willingly do any act which endangers the life or health of other persons in the mine, or the security of the mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.08) (from Ch. 96 1/2, par. 1308)

Sec. 13.08. No person shall cross a danger signal without the permission of the mine manager, or his assistant.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.09) (from Ch. 96 1/2, par. 1309)

Sec. 13.09. No person shall enter or leave a mine without recording the fact by some suitable system provided by and under the control of the mine manager.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.10) (from Ch. 96 1/2, par. 1310)

Sec. 13.10. No person shall enter or work in or about a mine or mine buildings, tracks or machinery connected therewith, while under the influence of intoxicants or illegal drugs.

(Source: P.A. 80-296.)

(225 ILCS 705/13.11) (from Ch. 96 1/2, par. 1311)

Sec. 13.11. No person shall change, exchange, substitute, alter, or remove any device used to indicate or identify the person or persons to whom credit or pay is due for the mining of coal.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/13.12) (from Ch. 96 1/2, par. 1312)

Sec. 13.12. Any person who violates any provision of this Article, shall be guilty of a Class B misdemeanor.

(Source: P.A. 77-2718.)

(225 ILCS 705/13.13) (from Ch. 96 1/2, par. 1313)

Sec. 13.13. No person or operator may discharge, suspend or otherwise discriminate against any employee for testifying or for his intention to testify in any hearing held under this Act.

(Source: P.A. 79-460.)

(225 ILCS 705/13.14) (from Ch. 96 1/2, par. 1314)

Sec. 13.14. Roof control programs and plans.

The State mine inspector shall have the authority to enforce the roof control plan that has been adopted at each mine by the operator and approved by the Mining Enforcement Safety Administration District Manager of the Coal Mine Health and Safety District in which the mine is located.

(Source: P.A. 79-460.)

(225 ILCS 705/13.15) (from Ch. 96 1/2, par. 1315)

Sec. 13.15. (a) Bathhouses, change rooms, and sanitary toilet facilities shall be in a location convenient for the use of the miners.

(b) All bathhouses shall be constructed to provide at least 10 square feet of unobstructed floor space for each employee using the facility at any given time. In the computation of the area to be dedicated to employee floor space, the space taken up by benches may be included. Space taken by baskets, lockers, and other obstructions shall not be included in the computation. This requirement shall apply to all bathhouses constructed or expanded after the effective date of this 1977 amendment.

This Section shall not apply to a bathhouse constructed or expanded after the effective date of this 1977 amendment if, and only if, valid contracts for such construction or expansion have been entered prior to the effective date. Evidence of such contracts shall be submitted to the Department prior to the beginning of such construction or expansion and no construction or expansion which fails to meet these requirements shall commence without the express approval of the Department.

(Source: P.A. 80-296.)

(225 ILCS 705/13.16)

Sec. 13.16. Tag-lines. Tag-lines must be provided in every working section of a mine and on any vehicle capable of hauling 4 or more people within the mine.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/13.17)

Sec. 13.17. Methane extraction.

(a) In this Section:

"Blowout preventer" means an emergency shut-off valve installed on the wellhead during the drilling or testing of a well that incorporates hydraulic pipe rams capable of closing the space around the drillpipe against very high pressure.

"Conductor pipe" means a short string of large-diameter casing used to keep the top of the wellbore open and to provide a means of conveying the up-flowing drilling fluid from the wellbore to the mud pit.

"Gas detector" means a mechanical, electrical, or chemical device that automatically identifies and records or registers the levels of various gases.

(b) Methane extraction from sealed areas of active mines or abandoned mines that are attached to active working mines must include a conductor pipe cemented in place, a blowout preventer, and a gas detector.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/13.18)

Sec. 13.18. Non-production related bore holes exempt. Non-production related bore holes that are drilled or operated by an operator and are intended for the safety or maintenance of a mine are exempt from this Act.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/Art. 14 heading) ARTICLE 14. BUILDINGS ON SURFACE.

(225 ILCS 705/14.01) (from Ch. 96 1/2, par. 1401)

Sec. 14.01. All buildings and structures erected, after the effective date of this Act, over a shaft, slope, or drift mouth within 100 feet of the opening shall be of metal, rock, clay, cement, clay or cement products, or any combination thereof. All fan houses, tops of air and escape shafts, and fan drifts, shall be constructed of the above materials, or a combination of them. Wood may be used only for floors, windows, doors and frames in the construction of such structures.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/14.02) (from Ch. 96 1/2, par. 1402)

Sec. 14.02. No oils or similarly flammable materials shall be stored within 100 feet of any hoisting or escapement shaft.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/14.03) (from Ch. 96 1/2, par. 1403)

Sec. 14.03. All explosive materials shall be stored in a fireproof magazine located on the surface not less than 500 feet from all other buildings in connection with the mine, and such magazine shall be so placed as not to jeopardize the free and safe exit of men from the mine in case of an explosion at the magazine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/14.04) (from Ch. 96 1/2, par. 1404)

Sec. 14.04. Any building constructed after the effective date of this Act for the purpose of housing the hoisting engine or boilers, shall be of fireproof construction and not closer than 60 feet to the shaft or other opening.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 15 heading) ARTICLE 15. COMPRESSED AIR.

(225 ILCS 705/15.01) (from Ch. 96 1/2, par. 1501)

Sec. 15.01. Compressed air shall be conducted from surface compressors, except as provided in Section 15.11, to within a practical working distance of the face by air lines. Said air lines when new and first installed, shall be tested to withstand an approximate minimum pressure of 20,000 pounds per square inch.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.02) (from Ch. 96 1/2, par. 1502)

Sec. 15.02. Air lines shall be grounded at the compressor and, if practicable, at other low-resistance ground connections. Air lines shall not be connected to tracks, water lines, or other electric-power return conductors.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.03) (from Ch. 96 1/2, par. 1503)

Sec. 15.03. After the effective date of this Act, unions shall be installed in steel air lines at not more than 1,000 foot intervals, and at the inby end of the air lines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.04) (from Ch. 96 1/2, par. 1504)

Sec. 15.04. Shut-off valves shall be installed, after the effective date of this Act, every 1,000 feet in all air lines and, in all branch air lines at a point near the main air lines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.05) (from Ch. 96 1/2, par. 1505)

Sec. 15.05. Air lines shall not be repaired when air pressure is in the line.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.06) (from Ch. 96 1/2, par. 1506)

Sec. 15.06. Blow-down valves or filling valves shall be located around a corner of the coal pillar except where portable compressor machines are used for breaking down coal.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.07) (from Ch. 96 1/2, par. 1507)

Sec. 15.07. When blow-down valves are opened to discharge the compressed air tube, they shall remain open until time to place the tube in the next borehole.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.08) (from Ch. 96 1/2, par. 1508)

Sec. 15.08. When a compressed air tube fails to discharge, the air line leading to the tube shall be disconnected at the blow-down valve and the tube shall be dragged by means of the air line to a safe place. The tube shall be marketed with warning signs and repair work shall not be done on a tube or shell until the pressure is reduced to zero. Except, however, this provision shall not apply to shells or tubes charged from a shooting valve that can be reversed and the air let out to reduce the pressure in the shell or tube to zero.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.09) (from Ch. 96 1/2, par. 1509)

Sec. 15.09. All persons shall be removed from adjoining working places where there is a danger of breaking through, and they shall be at a safe distance around a corner while coal breaking is in progress.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.10) (from Ch. 96 1/2, par. 1510)

Sec. 15.10. Compressed air may be used on shift and while men are in the mine, for breaking down coal or other materials.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.11) (from Ch. 96 1/2, par. 1511)

Sec. 15.11. Air compressors, whether fixed or portable, for compressing air to be used in breaking down coal or other materials, may be located underground if the compressor has adequate cooling devices which prevent the creation of excessive temperatures in the machine and, in gassy mines, if the compressor is equipped with permissible motors and other appurtenances.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/15.12) (from Ch. 96 1/2, par. 1512)

Sec. 15.12. In non-gassy mines, permissible motors and other appurtenances shall not be required on air compressors located underground.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 16 heading) ARTICLE 16. CAGES.

(225 ILCS 705/16.01) (from Ch. 96 1/2, par. 1601)

Sec. 16.01. A cage used for hoisting men must be of substantial and safe construction; have adequate steel bonnets to protect men riding on the cage; have enclosed sides; have gates, safety chains, or bars across the ends of the cage when men are being hoisted or lowered; and have sufficient handholds or chains for all men on the cage to maintain their balance. Such cage shall be fitted to guides running from the top to the bottom.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/16.02) (from Ch. 96 1/2, par. 1602)

Sec. 16.02. The floor of the cage shall be constructed so that it will be adequate to carry the load and so that it will be impossible for a worker's foot or body to enter any opening in the bottom of the cage.

(Source: P.A. 81-992.)

(225 ILCS 705/16.03) (from Ch. 96 1/2, par. 1603)

Sec. 16.03. Cages and cars used for handling men in shafts and slopes shall be equipped with safety catches which act quickly and efficiently in an emergency.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/16.04) (from Ch. 96 1/2, par. 1604)

Sec. 16.04. Cages shall be inspected daily.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/16.05) (from Ch. 96 1/2, par. 1605)

Sec. 16.05. Self-dumping cages shall be securely locked when men and materials are being handled.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/16.06) (from Ch. 96 1/2, par. 1606)

Sec. 16.06. The cage on which men are riding shall not be lifted or lowered at a rate of speed greater than 600 feet per minute, except by written consent of the State Mine Inspector.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/16.07) (from Ch. 96 1/2, par. 1607)

Sec. 16.07. No person shall carry any tools, timber or other materials with him on any cage that is in motion, except for the purpose of repairing the shaft.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/16.08) (from Ch. 96 1/2, par. 1608)

Sec. 16.08. No one shall ride on a cage containing either a loaded or empty mine car.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/16.09) (from Ch. 96 1/2, par. 1609)

Sec. 16.09. No coal or other materials shall be on the cage while the cage is being used for hoisting or lowering men into or out of the mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/16.10) (from Ch. 96 1/2, par. 1610)

Sec. 16.10. When workers have finished their day's work, or have been prevented from further work, and come to the bottom to be hoisted out an empty cage shall be given to them for that purpose, unless there is an available exit by slope or stairway and if there is no coal at the bottom waiting to be hoisted. In case of an injury, or bona fide illness, the man shall be given a cage at once.

(Source: P.A. 81-992.)

(225 ILCS 705/16.11) (from Ch. 96 1/2, par. 1611)

Sec. 16.11. Socketed ropes shall be cut off and resocketed pursuant to the manufacturer's recommendation, if found to be damaged or defective, and a notice shall be posted in the engine room giving the date when the rope was installed and when resocketed.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/16.12) (from Ch. 96 1/2, par. 1612)

Sec. 16.12. Hoisting ropes attached to all cages or trips shall be adequate in size to handle the load and have a proper factor of safety as defined in the American Standards Association's Wire Rope Standards and shall be replaced when it shows more than six broken wires in any single pitch length or lay of rope.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 17 heading) ARTICLE 17. CROSSCUTS AND STOPPINGS.

(225 ILCS 705/17.01) (from Ch. 96 1/2, par. 1701)

Sec. 17.01. (a) Away from the pillar for the mine bottom, crosscuts between entries shall not be made more than 60 feet apart without permission of the Mining Board. But such consent shall not be granted except in case of fault or to experiment and test some new method or plan of mining coal.

(b) Any person desiring to test some new method or plan of mining coal that proposes to drive entries without crosscuts must first inform the Department of such desire. Thereupon the Department shall fix a date for the investigation and hearing before the Mining Board of such methods and plans and notify all parties interested of such date when the employer and employees may be represented at such hearing.

(c) Any new method of mining during the experimental stage shall be under the direct supervision of the Mining Board and by and through its consent only.

(d) Should any new method of mining coal with crosscuts more than 60 feet apart be proven to be safe in the judgment of the Mining Board after investigation, tests, and experimentation, the Mining Board shall be empowered to declare such system or method as conventional at the mine involved.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/17.02) (from Ch. 96 1/2, par. 1702)

Sec. 17.02. When undercut or sheared, or undercut and sheared, the entry, crosscut, and room-neck may be advanced concurrently, but not more than one cutting shall be shot in the room-neck until the crosscut is finished.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/17.03) (from Ch. 96 1/2, par. 1703)

Sec. 17.03. When not undercut or sheared, the entry and crosscut may be advanced concurrently, but no room shall be opened in advance of the last open crosscut; and after the entry has advanced 15 feet beyond the location of a new crosscut, only one shot shall be fired in the entry to two in the crosscut at the same shooting time.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/17.04) (from Ch. 96 1/2, par. 1704)

Sec. 17.04. A crosscut, where practicable, shall be provided at or near the face of each entry or room before the place is abandoned.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/17.05) (from Ch. 96 1/2, par. 1705)

Sec. 17.05. In crosscuts connecting main and cross entry inlet and outlet air courses, the permanent stoppings shall be erected of masonry, concrete, or other incombustible material, and shall be erected within 600 feet of the face of main and cross entries at all times. Temporary stoppings of wood or other equally effective material shall be maintained, as nearly air tight as possible, between the last permanent stopping and the cross cut nearest the face in main and cross entries. In room and stub entries the stoppings shall be built of wood or other equally effective material. All stoppings shall be kept in good condition, so as to keep the air up to the working faces.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/17.06) (from Ch. 96 1/2, par. 1706)

Sec. 17.06. The first crosscut between all rooms off any entry shall not be more than 60 feet from the rib of the entry. Additional room crosscuts shall not be more than 60 feet apart.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/17.07) (from Ch. 96 1/2, par. 1707)

Sec. 17.07. If the conditions are such that in the judgment of the Mining Board, expressed in writing, it is considered equally safe and more advantageous to leave a blind pillar between not less than every three rooms, the Mining Board may grant the authority to leave the pillar, subject to review by the Mining Board on complaint of either interested party.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 18 heading) ARTICLE 18. ELECTRICITY REGULATIONS.

(225 ILCS 705/18.01) (from Ch. 96 1/2, par. 1801)

Sec. 18.01. After the effective date of this Act, overhead power lines on the surface, carrying greater than 600 volts potential, shall be installed on insulators and shall be supported and guarded against contact with other circuits.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.02) (from Ch. 96 1/2, par. 1802)

Sec. 18.02. Power circuits on the surface shall be protected against lightning.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.03) (from Ch. 96 1/2, par. 1803)

Sec. 18.03. Electric wiring shall be installed so as to present minimum fire and contact hazards in buildings on the surface.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.04) (from Ch. 96 1/2, par. 1804)

Sec. 18.04. Permanent surface transformers shall be elevated eight feet or more above the ground, or be enclosed in a transformer house, or be surrounded by a fence at least 6 feet high.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.05) (from Ch. 96 1/2, par. 1805)

Sec. 18.05. Transformers containing flammable oil and installed on the surface, if the transformers are located within 10 feet of mine openings, shall be provided with a drain, or catch basin, to confine the oil.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.06) (from Ch. 96 1/2, par. 1806)

Sec. 18.06. 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 this Act, the location of transformer stations and motor generator stations and said stations shall be of fireproof construction. A sufficient amount of sand or rockdust shall be kept in a suitable place convenient to 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 1953, p. 701.)

(225 ILCS 705/18.07) (from Ch. 96 1/2, par. 1807)

Sec. 18.07. "DANGER-HIGH VOLTAGE" signs shall be posted conspicuously on all transformer stations, high-voltage switchboards and other installations.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.08) (from Ch. 96 1/2, par. 1808)

Sec. 18.08. Pull switches, circuit breakers, and other power controls shall be mounted on slate or other insulating material of equal or superior insulating qualities.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.09) (from Ch. 96 1/2, par. 1809)

Sec. 18.09. All wires carrying electric current passing through curtains or flammable material, shall be properly protected so as not to ignite said curtains or flammable material.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.10) (from Ch. 96 1/2, par. 1810)

Sec. 18.10. When the main line track is used as a return conductor, both rails shall be well-bonded at every joint, and one rail on secondary haulage roads, when used as a return conductor, shall be bonded, unless other equally efficient methods are used.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.11) (from Ch. 96 1/2, par. 1811)

Sec. 18.11. 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 1953, p. 701.)

(225 ILCS 705/18.12) (from Ch. 96 1/2, par. 1812)

Sec. 18.12. Casings of transformers shall be grounded effectively.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.13) (from Ch. 96 1/2, par. 1813)

Sec. 18.13. All main power circuits entering the mine from the outside shall have disconnecting switches above and below ground.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.14) (from Ch. 96 1/2, par. 1814)

Sec. 18.14. Electric light wires shall be supported by suitable insulators. Electric lights shall be installed so that they cannot come in contact with combustible materials.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.15) (from Ch. 96 1/2, par. 1815)

Sec. 18.15. Dry wooden platforms, rubber mats, or other electrically non-conductive material shall be kept in place at each switchboard and power-control switch; and at stationary machinery where shock hazards exist.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.16) (from Ch. 96 1/2, par. 1816)

Sec. 18.16. Trolley wires or other exposed electrical wires shall not carry more than 275 volts. Terminal ends of all positive wires shall be guarded against persons coming in contact therewith.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.17) (from Ch. 96 1/2, par. 1817)

Sec. 18.17. In a gassy mine, permissible junction or distribution boxes shall be used for making multiple-power connections in working places or other places where dangerous quantities of methane may be present or may enter the air current, except that where nonpermissible junction or distribution boxes are in use, or on order, on the effective date of this section or the date such mine became a gassy mine, whichever is later, their use may be continued until such time as replacements are made.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/18.18) (from Ch. 96 1/2, par. 1818)

Sec. 18.18. In all mines, trolley and feeder wires shall not extend beyond the last open crosscut and shall be kept at least 150 feet from pillar workings.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/Art. 19 heading) ARTICLE 19. ESCAPEMENTS.

(225 ILCS 705/19.01) (from Ch. 96 1/2, par. 1901)

Sec. 19.01. Every coal mine in this State, whether worked by shaft, slope or drift, shall be provided and maintained, in addition to the hoisting shaft or other place of delivery, with an escapement shaft or opening to the surface; or an underground communicating passageway with a contiguous mine, so that there shall be at least two distinct and available means of egress to all persons employed in coal mines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.02) (from Ch. 96 1/2, par. 1902)

Sec. 19.02. In mines sunk after July 1, 1911, the first escapement shaft shall be separated from the main shaft by such extent of natural strata as may be agreed upon by the State Mine Inspector of the district and the owner of the property, but the distance between the main shaft and the escapement shaft shall not be less than 500 feet nor more than 2,000 feet; except that in mines employing 10 men or less the distance between the hoisting shaft and the escapement shaft shall not be less than 250 feet.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.03) (from Ch. 96 1/2, par. 1903)

Sec. 19.03. It is unlawful to employ underground, at any one time, more men than, in the judgment of the State mine inspector, are necessary to complete speedily the connections with the escapement shaft or adjacent mine; and said number must not exceed 20 men at any one time for any purpose in said mine until such escapement or connection is completed.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.04) (from Ch. 96 1/2, par. 1904)

Sec. 19.04. The time allowed for completing such escapement shaft or making such connections with an adjacent mine, as is required by the terms of this Act, shall be 3 months for shafts 200 feet or less in depth, and 6 months for shafts less than 500 feet and more than 200 feet, and 9 months for all other mines, slopes or drifts, or connections with adjacent mines. The time to date in all cases from the hoisting of coal from the hoisting shaft. Provided, that in mines employing 10 men or less, the time for completing the escapement shaft shall not be more than 6 months from the time of hoisting coal.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.05) (from Ch. 96 1/2, par. 1905)

Sec. 19.05. The escapement shaft at every mine opened after the passage of this Act shall be equipped with a substantial stairway, set at an angle not greater than forty-five degrees, which shall be provided with hand rails and with platforms or landings at least 2 feet wide and 4 feet long at each turn of the stairway. However, circular escapement shafts may be equipped with a substantial spiral stairway equipped with hand rails, and set at an angle not greater than 45 degrees, and platforms or landings are not required except at the top and bottom of such spiral stairways. Subject to the approval of the Mining Board, at any underground mine constructed with 3 or more shafts all of which are within a radius of 400 feet and containing 2 or more hoisting systems, one of which has an independent auxiliary power source, such mine may be equipped with a substantial ladder system instead of the substantial stairway as required by this Section. Such ladder system shall have intermittent platforms at intervals not exceeding 20 feet. Such platforms shall be at least 2 feet wide and 4 feet long with adequate handrails. Each section thereof shall be staggered and be provided with backguards extending from a point not more than 7 feet from the bottom of each section of the ladder to the top of that section.

(Source: P.A. 81-378.)

(225 ILCS 705/19.06) (from Ch. 96 1/2, par. 1906)

Sec. 19.06. In all coal mines more than 200 feet in depth, and opened on or after July 1, 1919, the escapement shaft shall be equipped with both a cage and stairway. However, if the coal mine is equipped with a stairway in the main shaft, no stairway shall be required in the escapement shaft. Subject to the approval of the Mining Board, if a mine has 3 shafts as described in Section 19.05 of this Act, a ladder system as described in Section 19.05 may be used in place of a substantial stairway.

(Source: P.A. 81-378.)

(225 ILCS 705/19.07) (from Ch. 96 1/2, par. 1907)

Sec. 19.07. If any escapement shaft, on July 1, 1911, is equipped with a cage for hoisting men, such shaft, cage and all equipment used in connection therewith must conform to the requirements of this Act in reference to the hoisting and lowering of men.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.08) (from Ch. 96 1/2, par. 1908)

Sec. 19.08. Where an escapement way is connected to a compartment in which coal is hoisted in such manner that men using the escapement way are endangered by falling coal or by themselves falling into such hoisting compartment, the State mine inspector shall have power to order suitable protection against such dangers.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.09) (from Ch. 96 1/2, par. 1909)

Sec. 19.09. The escapement shaft or opening or communication with a contiguous mine shall be constructed in connection with every seam of coal working in such mine, and all passageways communicating with the escapement shaft or place of exit from the main hauling ways to said place of exit shall be maintained free of obstruction not less than 5 feet in height, or the height of the coal seam, and not less than 5 feet in width, or of sufficient width to permit the passage of men with stretchers. Such passageways must be so graded and drained that it will be impossible for water to accumulate in any depression or dip of the same in quantities sufficient to obstruct the free and safe passage of men. No passageway to an escapement shaft shall pass through a stable. At all points where the passageway to the escapement shaft or other place of exit is intersected by other roadways or entries, conspicuous signboards shall be placed indicating the direction it is necessary to take in order to reach such place of exit. New shafts and partitions therein shall be fireproof. Buntons and guides may be of wood.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/19.10) (from Ch. 96 1/2, par. 1910)

Sec. 19.10. Mine openings at isolated locations, where there is danger of fire entering the mine, shall have adequate protection against surface fires entering the mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.11) (from Ch. 96 1/2, par. 1911)

Sec. 19.11. Travelable passageways; obstructions; ventilation of escape ways. There shall be at least two travelable passageways, to be designated as escape ways, from each working section to the surface whether the mine openings are shafts, slopes, or drifts. At least one of these passageways must be equipped with a lifeline cord. Escape ways shall be kept in safe condition for travel and reasonably free from standing water and other obstructions. One of the designated escape ways may be the haulage road. One of the escape ways shall be ventilated with intake air. At mines now operating with only one free passageway to the surface, immediate action shall be taken to provide a second passageway. The return air passageway to the surface must be marked with reflectors or other appropriate signage, as approved by the Department.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/19.12) (from Ch. 96 1/2, par. 1912)

Sec. 19.12. If a designated escape way is a slope of not less than 20 degrees nor more than 45 degrees, it shall be equipped with a stairway or adequate walkway with cleats. If the slope is more than 45 degrees, stairways shall be installed.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.13) (from Ch. 96 1/2, par. 1913)

Sec. 19.13. If upon examination any obstructions to the free passage of men are found in the escape ways or shafts leading thereto or shafts and passage ways leading thereto, their location and nature shall be stated in the examiner's report. The obstructions shall be promptly removed.

(Source: P.A. 79-460.)

(225 ILCS 705/19.14) (from Ch. 96 1/2, par. 1914)

Sec. 19.14. When operators of adjacent mines have, by agreement, established underground communications between said mines as an escapement outlet for the men employed in both, the intervening doors shall remain unlocked and ready at all times for immediate use.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/19.15) (from Ch. 96 1/2, par. 1915)

Sec. 19.15. When such communication has once been established between contiguous mines, the operator of either shall not close the same without the consent of the operator of the contiguous mine and of the State Mine Inspector for the district. When either operator desires to abandon mining operations, the expense and duty of maintaining such communication shall devolve upon the party continuing the operations and using the same.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 20 heading) ARTICLE 20. PERMISSIBLE EXPLOSIVES AND REGULATIONS FOR BREAKING DOWN COAL.

(225 ILCS 705/20.01) (from Ch. 96 1/2, par. 2001)

Sec. 20.01. Black blasting powder shall not be used to break down coal on shift.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.02) (from Ch. 96 1/2, par. 2002)

Sec. 20.02. The breaking down of coal with compressed air, or by some mechanical or chemical-mechanical device which does not emit spark or flame, while men are in a mine, is permitted.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.03) (from Ch. 96 1/2, par. 2003)

Sec. 20.03. All "permissible explosives" for use in breaking down coal in the State of Illinois shall conform to the following specifications:

(a) All permissible explosives offered for sale in the State of Illinois shall have printed on each cartridge and individual package the name of the manufacturer, the registered trade mark, brand, grade and a statement that it conforms in strength to that grade and brand established by the United States Bureau of Mines.

(b) Each shipping case shall have marked on it the total weight of explosives contained therein, and the average weight, length and diameter of each stick contained therein.

(c) Each shipping case containing permissible explosives shall be marked "Permissible Explosives."

(d) Each ingredient of a permissible explosive shall not vary more than the permitted variation established by the United States Bureau of Mines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.04) (from Ch. 96 1/2, par. 2004)

Sec. 20.04. State Mine Inspectors, and the accredited representatives of the coal operators and coal miners shall have authority to sample explosives used for blasting purposes in coal mines in the State of Illinois or kept on hand for sale or intended for shipment for use in such mines, and for such purposes they may enter upon the premises of any person, firm or corporation.

(Source: P.A. 96-328, eff. 8-11-09.)

(225 ILCS 705/20.05) (from Ch. 96 1/2, par. 2005)

Sec. 20.05. If the State Mine Inspector or the accredited representatives of the coal operators or coal miners shall desire to have said sample tested for content, they shall send the same to the United States Bureau of Mines for that purpose.

(Source: P.A. 96-328, eff. 8-11-09.)

(225 ILCS 705/20.06) (from Ch. 96 1/2, par. 2006)

Sec. 20.06. When such samples are intended to be tested for content, they must be taken at the mill or warehouse of the manufacturer or manufacturer's agent, or in the railroad car or other conveyance for shipment at said mill or warehouse or the magazine at the mine, and said samples shall be taken in accordance with the rules established by the United States Bureau of Mines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.07) (from Ch. 96 1/2, par. 2007)

Sec. 20.07. Explosives shall be stored in magazines constructed in accordance with plans that shall be approved by the State Mine Inspector of the district in which the mine is located.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.08) (from Ch. 96 1/2, par. 2008)

Sec. 20.08. Every magazine shall be provided with a wooden floor which shall be kept free from grit and dirt. If more than one kind of explosive is kept in the same magazine, the magazine shall be divided into rooms by partitions and the different kinds of explosives shall be kept in different rooms, but no detonators, or blasting caps, or any device containing fulminating composition shall be kept in the same magazine with any explosive. All detonators, blasting caps or any device containing fulminating composition shall be kept separate in a safe and dry receptacle apart from any other explosive.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.09) (from Ch. 96 1/2, par. 2009)

Sec. 20.09. Any person, firm or corporation changing any stamp, brand, or specification denoting the contents of any package or cartridge shall be subject to the penalties provided for herein.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.10) (from Ch. 96 1/2, par. 2010)

Sec. 20.10. The area surrounding magazines for not less than 25 feet in all directions shall be kept free of rubbish, dry grass, or other materials of a combustible nature.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.11) (from Ch. 96 1/2, par. 2011)

Sec. 20.11. If the magazines are illuminated electrically, the lamps shall be of explosion-proof type, installed and wired so as to present minimum fire and contact hazards.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.12) (from Ch. 96 1/2, par. 2012)

Sec. 20.12. Only non-metallic tools shall be used for opening containers. Extraneous materials shall not be stored in an explosives or detonator magazine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.13) (from Ch. 96 1/2, par. 2013)

Sec. 20.13. Smoking, carrying smokers' articles, or open flame is prohibited in or near any magazine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.14) (from Ch. 96 1/2, par. 2014)

Sec. 20.14. Individual containers used to carry permissible explosives or detonators shall be constructed of substantial non-conductive material. When explosives or detonators are transported underground by locomotive, rope, or shuttle car, they shall be in covered cars or in special containers. The bodies and covers of special cars and the containers shall be constructed of non-conductive material. Explosives or detonators shall not be carried in the same car with tools.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.15) (from Ch. 96 1/2, par. 2015)

Sec. 20.15. If explosives and detonators are hauled in the same explosives car or in the same special container, they shall be separated by at least a 4 inch, substantially fastened, hardwood partition or the equivalent. When quantities of explosives and detonators are transported in special cars or in special containers in cars (not carried by individual workers or man trips), they shall be hauled on a special trip not connected to any other trip and shall not be hauled into or out of a mine within five minutes preceding or following a man trip or any other trip.

(Source: P.A. 81-992.)

(225 ILCS 705/20.16) (from Ch. 96 1/2, par. 2016)

Sec. 20.16. Explosives and detonators kept near the working faces shall be stored in separate closed containers of substantial, non-conductive material, located not less than 15 feet from rail or power lines. Explosives and detonators shall be kept in their containers until removed for use at the working faces.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.17) (from Ch. 96 1/2, par. 2017)

Sec. 20.17. Underground section boxes or magazines shall be of substantial construction and placed in a crosscut or idle room neck at least 10 feet from roadways or trolley wires and in a reasonably dry and well-rock-dusted place.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.18) (from Ch. 96 1/2, par. 2018)

Sec. 20.18. When section boxes or magazines are used, the explosives and detonators shall be kept in separate boxes or magazines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.19) (from Ch. 96 1/2, par. 2019)

Sec. 20.19. Not more than a 48-hour supply of explosives, including any surplus remaining from the previous day, shall be stored underground in boxes or magazines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.20) (from Ch. 96 1/2, par. 2020)

Sec. 20.20. No miner or other person shall alter or change any drill hole, by increasing its depth, diameter or otherwise, after the same shall have been approved by the driller and shooter or shot firer.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.21) (from Ch. 96 1/2, par. 2021)

Sec. 20.21. No driller and shooter or shot firer, whether voluntarily, or by command or request of any person, shall fire any unlawful shot, or any shot which in his judgment, from his inspection thereof is not a workmanlike, proper and practical shot.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.22) (from Ch. 96 1/2, par. 2022)

Sec. 20.22. No person or persons shall order, command or induce by threat or otherwise, any driller and shooter or shot firer to fire any unlawful shot, or any shot which in his judgment, after due inspection, is not a workmanlike, proper and practical shot.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.23) (from Ch. 96 1/2, par. 2023)

Sec. 20.23. No person shall drill or shoot a dead hole as hereinafter defined. A "dead hole" is a hole where the width of the shot at the point measured at right angles to the line of the hole is so great that the heel is not of sufficient strength to at least balance the resistance at the point. The heel means that part of the shot which lies outside of the explosive.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.24) (from Ch. 96 1/2, par. 2024)

Sec. 20.24. Only wooden tamping bars or metal bars tipped with 5 inches of copper shall be used when charging holes.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.25) (from Ch. 96 1/2, par. 2025)

Sec. 20.25. Leg wires of electric detonators shall be kept shunted or the ends twisted together until ready to connect to the firing cable.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.26) (from Ch. 96 1/2, par. 2026)

Sec. 20.26. Adobe (mudcap) or other open, unconfined shots shall not be fired in any mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.27) (from Ch. 96 1/2, par. 2027)

Sec. 20.27. Blasting cables shall be short-circuited at the battery end until ready to attach to the blasting unit.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.28) (from Ch. 96 1/2, par. 2028)

Sec. 20.28. No person shall return to a missed shot, if lighted with fuse, until 8 hours have elapsed from the time of lighting the same. Where misfires occur with electric detonators, a waiting period of at least 5 minutes shall elapse before anyone returns to the shot. After such failure, the blasting cable shall be disconnected from the source of power and the battery end short-circuited before electric connections are examined.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.29) (from Ch. 96 1/2, par. 2029)

Sec. 20.29. Misfired explosives shall be removed only through the use of copper-tipped or wooden tools.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.30) (from Ch. 96 1/2, par. 2030)

Sec. 20.30. The handling of a misfired shot shall be under the direct supervision of the mine manager or a competent person designated by him.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.31) (from Ch. 96 1/2, par. 2031)

Sec. 20.31. No worker shall have at any time in the mine more than 25 pounds of permissible explosives. Nothing in this section shall be construed to prevent the operator of any mine from taking into the mine, when miners are not therein, a sufficient quantity of explosives for the reasonable requirements of the mine for the next succeeding working day; except that in mechanical loading mines a sufficient quantity of explosives for the reasonable requirements of the mine for the next two working days may be stored in and for each location.

(Source: P.A. 81-992.)

(225 ILCS 705/20.32) (from Ch. 96 1/2, par. 2032)

Sec. 20.32. In solid shooting, the width of the shot at the point, in seams of coal 6 feet or less in height, shall not be greater than the height of the coal and in seams of coal more than 6 feet in thickness, the width of the shot at the point shall, in no case, be more than 6 feet.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.33) (from Ch. 96 1/2, par. 2033)

Sec. 20.33. In undercut coal, no hole shall be drilled "on the solid" for any part of its length.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.34) (from Ch. 96 1/2, par. 2034)

Sec. 20.34. In no case shall more than one kind of explosive be used in the same drill hole.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.35) (from Ch. 96 1/2, par. 2035)

Sec. 20.35. Every shot hole shall be tamped full from the explosive to the mouth of the hole, and no coal dust or any material that is inflammable or that may create a spark, whether the same is wet or dry, shall be used for tamping.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.36) (from Ch. 96 1/2, par. 2036)

Sec. 20.36. Before firing a shot, the person firing the same shall see that all persons are out of danger from the probable effect of such shot, and shall take measures to prevent any one approaching by shouting "fire" before lighting the same.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.37) (from Ch. 96 1/2, par. 2037)

Sec. 20.37. Not more than one shot shall be lighted at the same time in any working place unless the firing is done by electricity or by fuses of such length that the interval between the explosions of any two shots shall be not less than one minute, and in no case shall any shot or shots be fired or lighted which are termed depending or dependent shots, until after the expiration of 10 minutes from the successful firing of the relieving shot or shots. When successive shots are to be fired in any working place in which the roof is broken or faulty, the smoke shall be allowed to clear away and the roof examined and made secure between shots.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.38) (from Ch. 96 1/2, par. 2038)

Sec. 20.38. Where fuse is used in firing shots, the length of the fuse shall not be less than 3 1/2 feet from the outside end of the charge, and no shot shall be fired unless there is at least one foot of fuse protruding from the mouth of the hole.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.39) (from Ch. 96 1/2, par. 2039)

Sec. 20.39. "CARDOX" shall not be fired "on shift", and while men are in the mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.40) (from Ch. 96 1/2, par. 2040)

Sec. 20.40. If samples of permissible explosives when tested as provided for in this Article shall be found not to comply with the provisions herein, the person, firm or corporation guilty of violating the provisions of this Act shall be prosecuted in accordance with the provision hereof.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/20.41) (from Ch. 96 1/2, par. 2041)

Sec. 20.41. Any person, firm or corporation who shall sell for use in the coal mines in this State any permissible explosive not stamped as herein required, or who shall knowingly sell for use in coal mines in this State any permissible explosive which is untruthfully branded or stamped, and any person, firm or corporation being a manufacturer of permissive explosives, or the agent of any such manufacturer of permissible explosives, who shall sell for use in any coal mine in this State any permissible explosive which shall not conform to the requirements of this Act, shall be guilty of a Class B misdemeanor.

(Source: P.A. 77-2718.)

(225 ILCS 705/Art. 21 heading) ARTICLE 21. FIRE PREVENTION AND FIRE CONTROL.

(225 ILCS 705/21.01) (from Ch. 96 1/2, par. 2101)

Sec. 21.01. Each mine shall be provided with suitable fire-fighting equipment, adequate for the size of the mine, such as supplies of rockdust, water lines and hose, water or chemical trucks, or fire extinguishers, as approved by the State Mine Inspectors.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.02) (from Ch. 96 1/2, par. 2102)

Sec. 21.02. Clean dry sand, rockdust, or fire extinguishers suitable from a toxic and electrical shock standpoint, shall be provided and placed at substations, transformer stations and permanent pump stations, so as to be out of the smoke in case of a fire in the station.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.03) (from Ch. 96 1/2, par. 2103)

Sec. 21.03. All fire-fighting operations shall be under the direct supervision of the mine manager or his designated assistants.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.04) (from Ch. 96 1/2, par. 2104)

Sec. 21.04. Underground storage places for lubricating oil and grease in excess of two days' supply, shall be of fireproof construction.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.05) (from Ch. 96 1/2, par. 2105)

Sec. 21.05. In all mines classified as gassy mines by the State Mine Inspector, it shall be compulsory to use electric lamps, and smoking shall be prohibited.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.06) (from Ch. 96 1/2, par. 2106)

Sec. 21.06. All persons in underground workings of a gassy mine are prohibited from intentionally creating any arc, spark or open flame, except those that cannot be avoided in the normal performance of work.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.07) (from Ch. 96 1/2, par. 2107)

Sec. 21.07. The carrying of matches or other flame-making devices, and smoking underground is prohibited in gassy mines, except as provided by Section 21.08 of this Act. If, in the judgment of either the State Mine Inspector or the operator, underground employees are violating the law, they shall have the right to search such employees. When prosecution is intended, 2 witnesses shall be present at the time of search.

(Source: P.A. 96-328, eff. 8-11-09.)

(225 ILCS 705/21.08) (from Ch. 96 1/2, par. 2108)

Sec. 21.08. Welding, cutting and soldering with arc or flame underground, in other than a fireproof enclosure is permitted but it shall be done under the direct supervision of competent personnel, who shall test for methane gas before and during such operations in gassy mines, and shall make a diligent search for fire after such operations in all mines. Rock dust or suitable fire extinguishers shall be immediately available during such welding, cutting or soldering.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.09) (from Ch. 96 1/2, par. 2109)

Sec. 21.09. Rheostats, electric heaters, and resistors shall be located at a safe distance from combustible materials.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.10) (from Ch. 96 1/2, par. 2110)

Sec. 21.10. All lubricating oil and flammable fluids used in coal mines shall be contained in portable, closed, metal containers. In the mine, oil shall not be heated over a fire or lamp.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.11) (from Ch. 96 1/2, par. 2111)

Sec. 21.11. Transformer stations, substations, motor-generator stations, and permanent pump rooms shall be of fireproof construction.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.12) (from Ch. 96 1/2, par. 2112)

Sec. 21.12. When a mine disaster occurs the proper State authorities shall be notified promptly.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.13) (from Ch. 96 1/2, par. 2113)

Sec. 21.13. After a major disaster, an inspection of the entire mine shall be made by the State Mine Inspectors, and the mine shall not operate until approved by the State Mining Board.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/21.14) (from Ch. 96 1/2, par. 2114)

Sec. 21.14. The drilling and sealing of oil and gas wells penetrating coal beds or underground workings of mines shall be done in compliance with State statutes.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 22 heading) ARTICLE 22. HAULAGE AND TRANSPORTATION UNDERGROUND.

(225 ILCS 705/22.01) (from Ch. 96 1/2, par. 2201)

Sec. 22.01. Track switches, except room and entry development switches, shall be provided with properly installed throws and bridle bars.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.02) (from Ch. 96 1/2, par. 2202)

Sec. 22.02. (a) Track haulage roads in entries, rooms, and crosscuts, developed or extended from their terminus as of July 1, 1957, shall have a continuous clearance on one side of at least 24 inches, and at least 6 inches on the tight side, from the farthest projections of moving traffic.

(b) On haulage roads where trolley lines are used, the clearance space for traveling shall be on the side opposite the trolley lines, except where such lines are 6 1/2 feet or more above the rail.

(c) The clearance space shall be kept free of loose rock, supplies, and other loose materials; provided, however, that not more than 24 inches need be kept free of obstructions.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/22.03) (from Ch. 96 1/2, par. 2203)

Sec. 22.03. Nonpermissible internal-combustion engines or other machinery which gives off noxious fumes shall not be permitted underground in any coal mines.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.04) (from Ch. 96 1/2, par. 2204)

Sec. 22.04. An audible warning device and headlights shall be provided on each locomotive and shuttle car.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/22.05) (from Ch. 96 1/2, par. 2205)

Sec. 22.05. A trip-light or reflecting signal shall be used on the rear of trips pulled or pushed by a locomotive, also on the front of trips lowered into slopes. Trip-lights need not be used during gathering operations at working faces.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.06) (from Ch. 96 1/2, par. 2206)

Sec. 22.06. Other than the motorman and trip rider, no person shall ride on a locomotive unless authorized by the mine foreman, and no person shall ride on loaded cars or between cars of any trip, except that the trip rider may ride on the last car.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.07) (from Ch. 96 1/2, par. 2207)

Sec. 22.07. All trips and all traffic equipment shall come to a complete stop before couplings are made by hand.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.08) (from Ch. 96 1/2, par. 2208)

Sec. 22.08. Standing cars on any track, unless held effectively by brakes, shall be properly blocked or spragged.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.09) (from Ch. 96 1/2, par. 2209)

Sec. 22.09. Material being hauled inside the mine shall be so loaded and protected that there is no danger to persons handling the trip from sliding of equipment and material.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.10) (from Ch. 96 1/2, par. 2210)

Sec. 22.10. When there is an open hook coupling on either end of the car, the hook and links must be attached so that when hanging down, the coupling will be clear of the ties and rail.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.11) (from Ch. 96 1/2, par. 2211)

Sec. 22.11. All mine cars shall be equipped with a bumper or bumpers on each end, which shall project from beyond the end of the car not less than 4 inches.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.12) (from Ch. 96 1/2, par. 2212)

Sec. 22.12. Man trips shall not be run in excess of the speed determined by the State Mine Inspector nor shall more men ride in any one car than the number ordered by the State Mine Inspector except in an emergency.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.13) (from Ch. 96 1/2, par. 2213)

Sec. 22.13. Each man-trip shall be under the charge of a responsible person, and it shall be operated independently of any loaded trip of coal or other material.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.14) (from Ch. 96 1/2, par. 2214)

Sec. 22.14. No material or tools shall be transported in the same car with men on any man-trip, except tools may be transported in suitable enclosed and secured tool compartments located outside the man-trip and all persons shall ride inside of man-trip cars, except the motorman or trip rider or person in charge of man-trip.

(Source: P.A. 80-296.)

(225 ILCS 705/22.15) (from Ch. 96 1/2, par. 2215)

Sec. 22.15. Trolley and power wires shall be guarded at man-trip stations where there is a possibility of any person coming in contact with energized electric wiring while loading or unloading from the man-trip.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.16) (from Ch. 96 1/2, par. 2216)

Sec. 22.16. Where belts are used for transporting men, a minimum clearance of 18 inches shall be maintained.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.17) (from Ch. 96 1/2, par. 2217)

Sec. 22.17. The belt speed while men are loading, unloading, or being transported shall not be excessive.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/22.18) (from Ch. 96 1/2, par. 2218)

Sec. 22.18. Vehicle for transporting workforce and injured persons. A vehicle suitable for transporting all persons underground working on a unit and injured persons shall be maintained in each underground working section.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/Art. 23 heading) ARTICLE 23. REFUGE UNDERGROUND.

(225 ILCS 705/23.01) (from Ch. 96 1/2, par. 2301)

Sec. 23.01. Refuge places shall be provided along haulage entries. The refuge places shall be spaced not more than 60 feet apart. Except where a trolley wire is 6 feet or more above the rail or guarded effectively at the refuge place, it shall be on the side of the entry opposite the trolley wire.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/23.02) (from Ch. 96 1/2, par. 2302)

Sec. 23.02. Except as otherwise provided herein, refuge places shall be at least 3 feet in depth, not more than 4 feet in width, and 5 feet in height. Room necks and crosscuts may be used as refuge places.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/23.03) (from Ch. 96 1/2, par. 2303)

Sec. 23.03. Refuge places shall be kept clear of refuse and other obstructions.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/23.04) (from Ch. 96 1/2, par. 2304)

Sec. 23.04. A refuge place for men coming out at the close of the day's work shall be provided off the main bottom of the cage room in shaft mines, at a place and of such size as shall be approved by the State Mine Inspector. The refuge place shall not be more than 400 feet from the shaft where men are hoisted and the refuge place shall be kept free from loose material. When leaving the refuge place to be hoisted out, the men shall obey the rules of the mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/23.05) (from Ch. 96 1/2, par. 2305)

Sec. 23.05. Where man trips are operated there shall be on one side of the man trips, where men get on and off, a refuge place at least 3 feet from the rail and free from all obstructions for the full distance of the man trips.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 24 heading) ARTICLE 24. ROCK DUST AND COAL DUST.

(225 ILCS 705/24.01) (from Ch. 96 1/2, par. 2401)

Sec. 24.01. Coal dust and other combustible materials shall not be permitted to accumulate in dangerous quantities in active underground workings of a mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/24.02) (from Ch. 96 1/2, par. 2402)

Sec. 24.02. Where underground mining operations raise an excessive amount of dust into the air, water or water with a wetting agent added to it, or other effective methods, shall be used to allay the dust at its source.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/24.03) (from Ch. 96 1/2, par. 2403)

Sec. 24.03. All underground mines, except those mines or areas of mines in which the dust is too wet or too high in incombustible content to propagate an explosion, shall be rock-dusted to within 40 feet of all faces.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/24.04) (from Ch. 96 1/2, par. 2404)

Sec. 24.04. In mines partially rock-dusted or in mines that are required to start rock-dusting, haulage ways and parallel entries connected thereto by open crosscuts, shall be rock-dusted. Back entries shall be rock-dusted for at least 1,000 feet outby the junction with the first active entry. Inby this junction, the rooms, entries, and crosscuts, shall be rock-dusted. Rock-dusting shall be started at once and completed as herein provided, and the mine shall be rock-dusted as it develops and rock-dusting shall be maintained to the shaft bottom or entrance.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/24.05) (from Ch. 96 1/2, par. 2405)

Sec. 24.05. Where rock dust is applied, it shall be distributed upon the top, floor and sides of all open places and maintained in such quantity that the incombustible content of the combined coal dust, rock dust and other dust will not be less than 65%. Where methane is present in any ventilating current, the 65% of incombustible content of such combined dust shall be increased 1% for each 0.1% of methane.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/24.06) (from Ch. 96 1/2, par. 2406)

Sec. 24.06. All rock dust used shall meet the following specifications:

1. All of the dust shall pass through a 20 mesh sieve, and at least 70% shall pass through a 200 mesh sieve.

2. The dust shall not contain more than 5% combustible matter, nor more than 5% free silica. The rock dust should be as light in color as possible.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 25 heading) ARTICLE 25. SAFETY LAMPS AND BAROMETERS.

(225 ILCS 705/25.01) (from Ch. 96 1/2, par. 2501)

Sec. 25.01. Multi-gas detectors and a barometer, all in proper working condition, shall be kept available at each mine for the use of authorized persons. Only permissible multi-gas detectors or air sampling and analysis shall be used for determining the presence of methane and other gases in mine air.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/25.02) (from Ch. 96 1/2, par. 2502)

Sec. 25.02. Mine officials whose regular duties require them to inspect working places shall have in their possession, when underground, a permissible multi-gas detector in safe working condition, for the detection of methane and oxygen deficiency.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/25.03) (from Ch. 96 1/2, par. 2503)

Sec. 25.03. (Repealed).

(Source: Laws 1953, p. 701. Repealed by P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/25.04) (from Ch. 96 1/2, par. 2504)

Sec. 25.04. All multi-gas detectors shall be the property of the operator and when not in use shall remain in the custody of the mine manager or other competent person designated by him, who shall be responsible for the maintenance and calibration of the detectors to ensure that they are in safe working condition.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/25.05) (from Ch. 96 1/2, par. 2505)

Sec. 25.05. The person to whom multi-gas detectors are given shall be responsible for the condition and proper use of the multi-gas detectors while in their possession.

(Source: P.A. 99-538, eff. 1-1-17; 100-201, eff. 8-18-17.)

(225 ILCS 705/25.06) (from Ch. 96 1/2, par. 2506)

Sec. 25.06. (Repealed).

(Source: Laws 1953, p. 701. Repealed by P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/25.07) (from Ch. 96 1/2, par. 2507)

Sec. 25.07. (Repealed).

(Source: Laws 1955, p. 2012. Repealed by P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/Art. 26 heading) ARTICLE 26. SHAFTS.

(225 ILCS 705/26.01) (from Ch. 96 1/2, par. 2601)

Sec. 26.01. Any shaft or other opening in process of sinking, or driving, for the purpose of mining coal, shall be subject to the inspection of the State Mine Inspector for the district in which said shaft or opening is located.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.02) (from Ch. 96 1/2, par. 2602)

Sec. 26.02. Over every shaft that is being sunk or shall hereafter be sunk, there shall be a safe and substantial structure to support sheaves or pulley ropes at a height not less than 15 feet above the tipping place. The landing platform of such shaft shall be so arranged that material can not fall into the shaft while the bucket is being emptied or taken from the hoisting rope. If provisions are made to land a bucket on a truck, said truck and platform shall be so arranged that material can not fall into the shaft.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.03) (from Ch. 96 1/2, par. 2603)

Sec. 26.03. When men are in the bottom of the shaft, rock or coal shall not be hoisted except in a bucket or on a cage and said bucket or cage must be connected to the hoisting rope by a safety hook, clevis or other safety attachment. The rope shall be fastened to the side of the drum and not less than three coils of rope shall remain on the drum. In shafts over 100 feet in depth, suitable provision shall be made to prevent the bucket from swinging while being lowered or hoisted, and guides provided for this purpose shall be maintained at a distance of not more than 75 feet from the bottom of the shaft.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.04) (from Ch. 96 1/2, par. 2604)

Sec. 26.04. An efficient brake shall be attached to the drum of the engine used for hoisting in shaft sinking, and the drum shall be provided with a flange on each end not less than 4 inches in height.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.05) (from Ch. 96 1/2, par. 2605)

Sec. 26.05. Not more than 4 persons shall be lowered or hoisted in or on a bucket in a shaft at one time, and no person shall ride on a loaded bucket.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.06) (from Ch. 96 1/2, par. 2606)

Sec. 26.06. All blasts in shaft sinking shall be exploded by electric battery.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.07) (from Ch. 96 1/2, par. 2607)

Sec. 26.07. Provisions shall also be made for the proper ventilation of shafts while being sunk.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.08) (from Ch. 96 1/2, par. 2608)

Sec. 26.08. No one but a certified hoisting engineer shall be in charge of the hoisting engine while a shaft is being sunk.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.09) (from Ch. 96 1/2, par. 2609)

Sec. 26.09. The upper and lower landing at the top of each shaft, and the opening of each intermediate seam from or to the shaft, shall be kept clear and free from loose materials, and shall be protected with automatic or other gates, such gates to be of good, serviceable construction for the purpose for which they are designed, namely, to prevent either men, or materials from falling into the shaft. At the top, landing cage supports, where necessary, must be carefully set and adjusted so as to securely hold the cage when at rest.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.10) (from Ch. 96 1/2, par. 2610)

Sec. 26.10. Every vertical shaft in which men are hoisted and lowered must be equipped with a cage, or cages, fitted to properly constructed guides running from the top to the bottom.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.11) (from Ch. 96 1/2, par. 2611)

Sec. 26.11. At every underground landing where men enter or leave the cage and where men must pass from one side of the cage to the other there shall be a safe passageway, free from obstruction and dry as possible around the shaft, not less than 3 feet wide for the use of men only; and animals or cars shall not be taken through such passageway while men are passing or desirous of passing through such passageway.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.12) (from Ch. 96 1/2, par. 2612)

Sec. 26.12. No accumulation of ice or obstructions of any kind shall be permitted in any shaft in which men are hoisted or lowered; nor shall any dangerous gases or steam be discharged into the shaft in such quantities or at such times as to interfere with the safe passage of men. All surface or other water which flows therein shall be conducted by rings or otherwise to receptacles provided for the same in such manner as to prevent water from falling upon men while passing into or out of the mine or while in the discharge of their duties about the shaft bottom.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.13) (from Ch. 96 1/2, par. 2613)

Sec. 26.13. All hoisting shafts, air shafts, and escapement shafts constructed after March, 1910, shall be of fireproof construction, and if poured concrete is used in said construction it shall be not less than 6 inches in thickness. Cage guides and buntons may, however, be constructed of wood. Drifts and slopes must be fireproof for a distance of 300 feet from the entrance.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/26.14) (from Ch. 96 1/2, par. 2614)

Sec. 26.14. The roof and walls of the passageway leading from the bottom of the hoisting shaft and the air and escapement shaft designated as such under the law, within a distance of 300 feet from the bottom of either of said shafts, shall be of fireproof construction, except that the coal rib or pillar may be used as a wall in such passageways.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.15) (from Ch. 96 1/2, par. 2615)

Sec. 26.15. Shafts shall be equipped with self-closing or manually controlled safety gates at surface landings.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/26.16) (from Ch. 96 1/2, par. 2616)

Sec. 26.16. Positive derails shall be placed on tracks leading to shafts to prevent cars, motors, etc. from going into the shaft when the cage is not at the landing. The provisions of this section shall not apply to "slope" or "drift" mines, unless definite danger is imminent.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/Art. 27 heading) ARTICLE 27. DRILLERS AND SHOOTERS OR SHOT FIRERS.

(225 ILCS 705/27.01) (from Ch. 96 1/2, par. 2701)

Sec. 27.01. In all mines in this State which are classified as gassy by the State Mine Inspector, and where coal is broken down by the use of explosives, a sufficient number of first class miners, who are citizens of the United States or lawfully admitted for permanent residence, shall be designated and employed as drillers and shooters or shot firers. The duties of the drillers and shooters or shot firers shall be to prepare permissible explosives for breaking down coal in a safe, practical and workmanlike manner, and to fire or detonate the same.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/27.02) (from Ch. 96 1/2, par. 2702)

Sec. 27.02. In all mines in this State which are classified as non-gassy by the State Mine Inspector, and where coal is broken down by the use of explosives, a sufficient number of first-class miners, who are citizens of the United States or lawfully admitted for permanent residence, shall be designated and employed as drillers and shooters or as shot firers. The duties of the drillers and shooters or shot firers shall be to prepare permissible explosives for breaking down coal in a safe, practical and workmanlike manner, and to fire or detonate the same.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/27.03) (from Ch. 96 1/2, par. 2703)

Sec. 27.03. This Act shall not be construed to prohibit the breaking down of coal while men are in the mine if such breaking down is accomplished by compressed air or by some mechanical or chemical-mechanical device which does not emit spark or flame and if in any place where men are working, the total concentration of carbon monoxide or other noxious gases is within established safe limits when ventilation is as specified under Article 31 of this Act.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/27.04) (from Ch. 96 1/2, par. 2704)

Sec. 27.04. When the breaking down of coal is not done "on shift", and while men are in the mine, the drillers and shooters or shot firers shall immediately after the completion of their work, post a notice in a conspicuous place at the mine, which shows the number of shots fired, the number of shots not fired, the entry and room number of unfired shots and reasons for not firing any unfired shots. They shall keep a permanent daily record of the number of shots fired, the number of shots they did not fire, and the number of shots that failed. The record shall be in the custody of the mine manager and shall be available for inspection at all times by interested parties.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/27.05) (from Ch. 96 1/2, par. 2705)

Sec. 27.05. In hand loading mines where the miners drill and prepare their own shots the practice may continue, provided it is approved by the State Mining Board.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 29 heading) ARTICLE 29. TELEPHONE AND WIRELESS COMMUNICATION SYSTEMS. (Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/29.01) (from Ch. 96 1/2, par. 2901)

Sec. 29.01. In all mines adequate telephone service or equivalent 2-way communication facilities, including, but not limited to, 2-way text messages, shall be provided at the top and bottom of each main shaft or slope, and from the bottoms to the working sections of the mine. Text messaging communications systems used as communication facilities must be approved by the Department. If text messaging is used, pre-programmed text messages shall be capable of providing information to the surface necessary to determine the status of the miners and the conditions in the mine, as well as providing the necessary emergency response information to the miners.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/29.02) (from Ch. 96 1/2, par. 2902)

Sec. 29.02. Telephone lines, other than cables, shall be carried on insulators, and where they cross power or trolley wires they shall be insulated adequately.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/29.03) (from Ch. 96 1/2, par. 2903)

Sec. 29.03. All necessary repairs shall be made promptly.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/29.04) (from Ch. 96 1/2, par. 2904)

Sec. 29.04. Where telephone wires running from the top surface into the mine are used for telephone service, said lines shall be equipped with lightning arresters located above ground.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/29.05)

Sec. 29.05. Wireless emergency communication devices. A wireless emergency communication device approved by the Mining Board must be worn by each person underground. The operator shall provide these devices. The wireless emergency communication device must, at a minimum, be capable of receiving emergency communications from the surface at any location throughout the mine. Each operator must provide for the training of each underground employee in the use of the device and, annually, provide a refresher training course for all underground employees. The operator must install in or around the mine any and all equipment necessary to transmit emergency communications from the surface to each wireless emergency communication device at any location throughout the mine.

An operator must submit for approval a plan concerning the implementation of the wireless emergency communication devices required under this Section to the Mining Board within 3 months after the effective date of this amendatory Act of the 94th General Assembly.

Any person who, without the authorization of the operator or the Mining Board, knowingly removes or attempts to remove any wireless emergency communication device or related equipment approved by the Mining Board from the mine or mine site with the intent to permanently deprive the operator of the device or equipment or who knowingly tampers with or attempts to tamper with the device or equipment is guilty of a Class 4 felony.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/29.06)

Sec. 29.06. Wireless tracking devices. A wireless tracking device approved by the Mining Board must be worn by each person underground. The operator shall provide these devices. The tracking device must be capable of providing real-time monitoring of the physical location of each person underground in the event of an accident or other emergency. No person may discharge or discriminate against any underground employee based on information gathered by a wireless tracking device during non-emergency monitoring. Each operator must provide for the training of each underground employee in the use of the device and provide refresher training courses for all underground employees during each calendar year. The operator must install in or around the mine all equipment necessary to provide real-time emergency monitoring of the physical location of each person underground.

An operator must submit for approval a plan concerning the implementation of the wireless tracking devices required under this Section to the Mining Board within 3 months after the effective date of this amendatory Act of the 94th General Assembly.

Any person who, without the authorization of the operator or the Mining Board, knowingly removes or attempts to remove any wireless tracking device or related equipment approved by the Mining Board from a mine or mine site with the intent to permanently deprive the operator of the device or equipment or who knowingly tampers with or attempts to tamper with the device or equipment is guilty of a Class 4 felony.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/29.07)

Sec. 29.07. Mine Technology Task Force; provision of rescue chambers and wireless devices.

(a) The Director shall establish a Mine Technology Task Force composed of representatives of an organization representing mine employees, coal operators, academia, and the communications industry. Each group shall submit the name of its representative to the Director. The task force shall review and make recommendations to the Mining Board regarding the best available mine safety technologies, including, but not limited to, rescue chambers, wireless communications equipment, and wireless tracking devices for use in underground mines. The task force shall submit its initial findings to the Mining Board within 3 months after the effective date of this amendatory Act of the 94th General Assembly.

(b) Rescue chambers, wireless emergency communications devices, and wireless tracking devices must be provided in each underground mine within 90 days after the equipment is approved by the federal Mine Safety and Health Administration. To the extent that any of these devices have already been approved by the federal Mine Safety and Health Administration, the operator shall provide the equipment in each underground mine within 90 days after the effective date of this amendatory Act of the 94th General Assembly.

(c) A temporary waiver of the requirements of subsection (b) of this Section of up to 90 days may be issued by the Mining Board if (i) the mine operator submits to the Mining Board a receipt of the product order and (ii) the manufacturer has certified that the product will be delivered within 90 days of the product order.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/Art. 30 heading) ARTICLE 30. TIMBERING.

(225 ILCS 705/30.01) (from Ch. 96 1/2, par. 3001)

Sec. 30.01. The operator of every mine shall see that necessary and proper supports are provided for the roof in all working places, and in all entries and air courses where men are required to travel to and from any working place, and shall see that all such places underground are properly supported.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/30.02) (from Ch. 96 1/2, par. 3002)

Sec. 30.02. At or near working faces, each operator shall provide props, roof bolts, caps, or other timbers for the proper securing of all working places. Temporary safety props, jacks, roof bolts, or cross bars shall be set close to the face whenever necessary to make the roof safe.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/30.03) (from Ch. 96 1/2, par. 3003)

Sec. 30.03. Timbers removed by mining machinery, blasting operations, or for any other reason, shall be promptly replaced for adequate protection.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/30.04) (from Ch. 96 1/2, par. 3004)

Sec. 30.04. Every employee exposed to hazards from falls of coal or rock shall examine the roof, rib, and face before starting work in a working place, unless such place has been examined by competent and experienced personnel just prior to his commencing work in such place.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/30.05) (from Ch. 96 1/2, par. 3005)

Sec. 30.05. Loose top and overhanging or loose face shall be either taken down or properly timbered.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 31 heading) ARTICLE 31. VENTILATION, MINE GASES AND GASSY MINE CLASSIFICATION.

(225 ILCS 705/31.01) (from Ch. 96 1/2, par. 3101)

Sec. 31.01. All active underground working places in a mine shall be ventilated by a current of air containing not less than 19.5% of oxygen, not more than 0.5% of carbon dioxide, and no harmful quantities of other noxious or poisonous gases. The volume and velocity of the current of air shall be sufficient to dilute so as to render harmless, and to carry away, flammable or harmful gases.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.02) (from Ch. 96 1/2, par. 3102)

Sec. 31.02. The quantity of air reaching the last open crosscut in any pair or set of entries shall not be less than 9,000 cubic feet a minute, except that the quantity of air reaching the last open crosscut in any pair or set of entries in pillar sections may be less than 9,000 cubic feet a minute if not less than 9,000 cubic feet of air a minute is being delivered to the intake end of the pillar line. No work shall be performed in any area that does not meet this standard except to correct this violation. In robbing areas where the air currents cannot be controlled and measurements of the air cannot be obtained, the air shall have perceptible movement.

(Source: P.A. 80-296.)

(225 ILCS 705/31.03) (from Ch. 96 1/2, par. 3103)

Sec. 31.03. In every mine the minimum quantity of air shall not be less than 150 cubic feet per minute for each person employed, measured at the foot of the downcast and of the upcast. However, in any mine wherein explosive gas is being generated in such quantities that it can be detected by a multi-gas detector, the minimum quantity of air shall not be less than 200 cubic feet per minute for each person employed therein. The State Mine Inspector shall have power by order in writing to require these quantities to be increased.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/31.04) (from Ch. 96 1/2, par. 3104)

Sec. 31.04. If the air at an underground working face in a mine, when tested at a point not less than 12 inches from the roof, face, or rib, contains more than 1.0% of methane as determined by permissible methane detector, a multi-gas detector, air analysis, or other recognized means of accurately detecting such gas, changes or adjustments shall be made at once in the ventilation in such a mine so that such air shall not contain more than 1.0% of methane.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/31.05) (from Ch. 96 1/2, par. 3105)

Sec. 31.05. If a split of air returning from active underground working places in a mine contains more than 1.0% of methane as determined by a permissible methane detector, a multi-gas detector, air analysis, or other recognized means of accurately detecting such gas, changes or adjustments shall be made at once in the ventilation in such mine so that such returning air shall not contain more than 1.0% of methane.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/31.06) (from Ch. 96 1/2, par. 3106)

Sec. 31.06. If a split of air returning from active underground working places in a mine contains as much as 1.5% of methane as determined by a permissible methane detector, a multi-gas detector, air analysis, or other recognized means of accurately detecting such gas, the employees shall be withdrawn from the portion of the mine endangered thereby and all power shall be cut off from such portion of the mine until the quantity of methane in such split shall be less than 1.5%. However, in virgin territory in mines ventilated by exhaust fans, where methane is liberated in large amounts, if the quantity of air in a split ventilating the workings in such territory equals or exceeds twice the minimum volume of air prescribed in Section 31.02 and if only permissible electric equipment is used in such workings and the air in the split returning from such workings does not pass over trolley or other bare power wires, and if a certified person designated by the mine operator is continually testing the gas content of the air in such split during mining operations in such workings, it shall be necessary to withdraw the employees and cut off all power from the portion of the mine endangered by such methane only when the quantity thereof in the air returning from such workings exceeds 2%, as determined by a permissible methane detector, a multi-gas detector, air analysis, or other recognized means of accurately detecting such gas.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/31.07) (from Ch. 96 1/2, par. 3107)

Sec. 31.07. The main current of air shall be so split or subdivided as to give a separate current of reasonably pure air to every 100 men at work, and the State Mine Inspector shall have authority to order, in writing, separate currents for smaller groups of men, if, in his judgment, special conditions render it necessary.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.08) (from Ch. 96 1/2, par. 3108)

Sec. 31.08. Doors, curtains or brattices shall be placed at such places as may be designated by the mine manager, subject to the approval of the State Mine Inspector, to conduct into the working places an amount of air sufficient to render the working places reasonably free from deleterious air of every kind.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.09) (from Ch. 96 1/2, par. 3109)

Sec. 31.09. All possible care and diligence shall be exercised in the examination of working places, especially for the investigation and detection of explosive gases therein and, where found, such gas shall be removed by a special current of air produced by bratticing or from a pipe, before men are permitted to work in such places except those necessary to remove the gas.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.10) (from Ch. 96 1/2, par. 3110)

Sec. 31.10. If the State Mine Inspector finds methane with a multi-gas detector, permissible methane detector, air analysis, or other recognized means, in the amount of 0.25% or more, in any open workings of such mine when tested at a point not less than 12 inches from the roof, face or rib the mine shall be classified as gassy. Nothing in this Act shall preclude the reclassification of a mine that has been classified gassy if a subsequent examination, made by the State Mine Inspector in the method provided herein, shows the methane content to be less than 0.25%.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/31.11) (from Ch. 96 1/2, par. 3111)

Sec. 31.11. All doors used in guiding and directing the ventilating currents shall be hung and adjusted so as to close automatically.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.13) (from Ch. 96 1/2, par. 3113)

Sec. 31.13. At all doors through which 3 or more drivers are hauling coal on any one shift, an attendant shall be employed on said shift for the purpose of opening and closing the doors when trips of cars are passing to and from the workings. However, in case of specially dangerous conditions, the State Mine Inspector may require in writing that an attendant be placed at doors through which less than 3 drivers pass. Places for shelter shall be provided at such doorways to protect the attendants from being injured by the cars while attending to their duties. Provided that, in any or all mines, where doors are constructed in such a manner as to open and close automatically, attendants and places for shelter shall not be required.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.14) (from Ch. 96 1/2, par. 3114)

Sec. 31.14. If the State Mine Inspector finds men working without the amount of air required by this Act he shall at once notify the mine manager to increase the amount of air in accordance with the requirements of this Act. Upon the failure or refusal of the manager to act promptly, and in all cases where men are endangered by such lack of air, the State Mine Inspector shall at once order the men affected out of the mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.15) (from Ch. 96 1/2, par. 3115)

Sec. 31.15. In all mines classified as gassy mines by the State Mine Inspector, it shall be compulsory to use electric lamps, and smoking shall be prohibited.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.16) (from Ch. 96 1/2, par. 3116)

Sec. 31.16. Ventilating fans at all operating mines shall be operated continuously.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.17) (from Ch. 96 1/2, par. 3117)

Sec. 31.17. A recording pressure gauge shall be attached to the ventilating fan at all times.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.18) (from Ch. 96 1/2, par. 3118)

Sec. 31.18. In all mines starting operation after July 1, 1947, the ventilating fan shall be installed on the surface in a fireproof building.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.19) (from Ch. 96 1/2, par. 3119)

Sec. 31.19. All ventilating fans shall have suitable automatic devices attached to them for the purpose of sounding an alarm when the fan stops. The alarm shall be placed so that it will be seen or heard by a responsible person.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.20) (from Ch. 96 1/2, par. 3120)

Sec. 31.20. Ventilating fans shall be operated on a separate power circuit, independent of the mine circuit.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.21) (from Ch. 96 1/2, par. 3121)

Sec. 31.21. When the ventilating fan at any mine fails or stops, immediate action shall be taken to cut off the electric power and withdraw the workers from the face regions of the mine. In gassy mines if the ventilation is restored within a reasonable time, the face regions and other places where methane is likely to accumulate shall be re-examined by competent personnel, and if such region and places are found to be free from explosive gas the power may be restored and work resumed. If the ventilation is not restored within a reasonable time all underground employees shall be removed from the mine. In non-gassy mines if the ventilation is restored within a reasonable time the power may be turned on and work resumed without the necessity of re-examination.

(Source: P.A. 81-992.)

(225 ILCS 705/31.22) (from Ch. 96 1/2, par. 3122)

Sec. 31.22. The ventilating fan shall be inspected daily.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.23) (from Ch. 96 1/2, par. 3123)

Sec. 31.23. Booster fans may not be used in mines except by special permission from the State Mining Board.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.24) (from Ch. 96 1/2, par. 3124)

Sec. 31.24. Blower fans with tubing may be used, if the following precautions are followed:

1. In gassy mines the blower shall be powered with a permissible unit and installed on the intake air side of the entrance to be ventilated, not less than 15 feet outby the ventilating cross-cut.

2. The volume of air in which the fan is placed shall not be less than 2 1/2 times the manufacturer's maximum rated capacity of the fan.

3. The fan and tubing shall be maintained in good order. The discharge end of the tubing shall be kept within 20 feet of the face, and not more than 300 feet of tubing shall be extended from the fan.

4. Working places ventilated by means of blower fans in gassy mines shall be examined for methane by competent personnel designated by the mine manager before the fan is operated at the beginning of the shift and after an interruption of 5 or more minutes of fan operation during the shift.

5. The fan and tubing shall be inspected at least twice during each working shift.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.25) (from Ch. 96 1/2, par. 3125)

Sec. 31.25. Doors shall be kept closed except when men or equipment are passing through the doorways. Motor crews and other persons who open doors shall see that the doors are closed before leaving them.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.26) (from Ch. 96 1/2, par. 3126)

Sec. 31.26. Permanent overcasts shall be constructed of incombustible material such as masonry, concrete, concrete blocks, or metal and shall be of ample area to pass the required quantity of air, and where necessary to securely timber to prevent falls from the roof.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.27) (from Ch. 96 1/2, par. 3127)

Sec. 31.27. Flame resisting brattice cloth shall be used in the construction of line brattice.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.28) (from Ch. 96 1/2, par. 3128)

Sec. 31.28. The entrances to abandoned workings shall be posted to warn persons against entering the territory.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.29) (from Ch. 96 1/2, par. 3129)

Sec. 31.29. In a gassy mine, all workings which are abandoned after the effective date of this Act, or the date such mine was classified a gassy mine, whichever is later, shall be sealed or ventilated. If such workings are sealed, the sealing shall be done in a substantial manner with incombustible material; however, some other type of material may be used provided prior approval has been obtained from the Mining Board. One or more of the seals of every sealed area shall be fitted with a pipe and cap or valve to permit the sampling of gases and the measuring of hydrostatic pressure behind such seals. For the purposes of this Section, workings within a panel shall not be deemed to be abandoned until such panel is abandoned.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/31.30) (from Ch. 96 1/2, par. 3130)

Sec. 31.30. In mines worked by the so-called "enclosed panel system" where rooms are driven off of both sides of the panel entries and ventilated by one side of the panel as the intake airway and the other side as the return, the following shall govern the method of working this type of panel: When the top end or inby end of the panel begins to squeeze, work or more as the result of extraction of coal and the area cannot be examined, men working in the said panel and rooms shall be removed until movement has abated and the presence of gas cannot be detected with a multi-gas detector. However, if in such panels fire, barrier or cutoff pillars are left in the center of the panel of adequate thickness and the entries have been sealed in line with the pillars with adequate roof support on the inby side of the seals isolating the worked out area from the live works, then mining operations may be resumed. This shall not apply to panels worked with rooms on the intake side only, or panels with bleeder entry system whereby the gas released in the squeezed area will not contaminate the ventilating air current used to ventilate active workings within the panel.

(Source: P.A. 99-538, eff. 1-1-17.)

(225 ILCS 705/31.31) (from Ch. 96 1/2, par. 3131)

Sec. 31.31. In a gassy mine, air that has passed through an abandoned panel which is inaccessible for inspection, or air that has passed through a similar abandoned area which is inaccessible for inspection, or air which has been used to ventilate a pillar line, or air which has been used to ventilate an area from which the pillars have been removed, shall not be used to ventilate any active face area in such mine; but if this Section cannot be complied with in such mine on the effective date of this Act, such mine may continue to be operated after such date as it was operated immediately prior to such date, for a reasonable time until future mine development and ventilation of such mine can be changed to comply with this Section. In no event shall such air be used to ventilate any area in such mine in which men work or travel if such air contains more than 1% of methane.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/31.32) (from Ch. 96 1/2, par. 3132)

Sec. 31.32. No person shall obstruct or cause any obstruction in any air current, or leave open any door or other means provided to control the air current, or perform any act that will interfere with the air current of the mine, without permission from the Mine Manager.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 32 heading) ARTICLE 32. WEIGHMAN AND SCALES.

(225 ILCS 705/32.01) (from Ch. 96 1/2, par. 3201)

Sec. 32.01. The operator of every coal mine where miners are paid by the weight of their output shall provide at such mine suitable and accurate scales for the weighing of such coal. A correct record shall be kept of all coal so weighed and said record shall be open at all reasonable hours to the inspection of miners and others interested in the product of said mine. The operator shall provide at such mine not less than 1,000 pounds of United States standard weights.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/32.02) (from Ch. 96 1/2, par. 3202)

Sec. 32.02. The person authorized to weigh the coal and keep the record thereof shall be a citizen of the United States or lawfully admitted for permanent residence, and shall, before entering upon his duties, make and subscribe to an oath before some person duly authorized to administer oaths, that he will accurately weigh and carefully keep a true record of all coal weighed, and such affidavit shall be kept conspicuously posted at the place of weighing.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/32.03) (from Ch. 96 1/2, par. 3203)

Sec. 32.03. The miners at work in any coal mine may employ a check weighman at their option and at their own expense, whose duty it shall be to balance the scales and see that the coal is properly weighed, and that a correct account of the same is kept, and for this purpose he shall have access at all times to the beam box of the scales, and be afforded every facility for verifying the weights while the weighing is being done. The check weighman so employed by the miners shall be a citizen of the United States or lawfully admitted for permanent residence and, before entering upon his duties, shall make and subscribe to an oath, before some person duly authorized to administer oaths, that he will faithfully discharge his duties as check weighman, and such oath shall be kept conspicuously posted at the place of weighing.

(Source: P.A. 101-541, eff. 8-23-19.)

(225 ILCS 705/Art. 33 heading) ARTICLE 33. MAPS AND SURVEYS.

(225 ILCS 705/33.01) (from Ch. 96 1/2, par. 3301)

Sec. 33.01. The operator of every underground coal mine, every proposed underground coal mine and every underground mine to be reopened in the State shall make, or cause to be made, an accurate map or plan of such mine, drawn to a scale not smaller than four hundred feet to the inch. All measurements shall be in feet and decimals of a foot. On such maps shall appear the name of the State, county and township in which the mine is located, the designated mine, the name of the company or owner, the certificate of the mining engineer or surveyor as to the accuracy and date of the survey, the north point and the scale to which the drawing is made.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/33.02) (from Ch. 96 1/2, par. 3302)

Sec. 33.02. Such map or plan shall accurately show the surface boundary lines of the coal rights pertaining to each mine, and all sections or quarter-section lines or corners within the same; the lines of town lots and streets; the tracks and sidetracks of all railroads and the location of all wagon roads, rivers, streams, ponds, location and depth of holes drilled for oil, gas or water that penetrate a workable coal seam, and the elevation above the coal seam of any stream or body of water that might endanger the mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/33.03) (from Ch. 96 1/2, par. 3303)

Sec. 33.03. For the underground workings, said maps shall show all shafts, slopes, tunnels or other openings, or proposed openings to the surface or to the workings of a contiguous mine; all excavations, entries, rooms and crosscuts; the location or proposed location of the fan and the direction of the air currents; the location of pumps, hauling engines, engine planes, abandoned works, fire wells and standing water; the outcrop line of the seam, if any, on the property; and the location of transformers and motor generator stations. The general outline of all areas in which pillars have been drawn shall be indicated on the map.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/33.04) (from Ch. 96 1/2, par. 3304)

Sec. 33.04. Each underground map shall show, in feet and decimals thereof, the elevation of the floor of the coal at reasonable intervals on the main entries and cross-entries from the bottom of the shaft to the face of the workings; such elevations shall be referred to the floor of the coal at the bottom of the hoisting shaft.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/33.05) (from Ch. 96 1/2, par. 3305)

Sec. 33.05. A separate and similar map, drawn to the same scale, shall be made of each and every seam, which, after July 1, 1911, shall be worked in any mine, and the maps of all such seams shall show all shafts, inclined planes or other passageways connecting the same.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/33.06) (from Ch. 96 1/2, par. 3306)

Sec. 33.06. A separate map shall be made of the surface whenever the surface buildings, lines or objects are so numerous as to obscure the details of the mine workings if drawn upon the same sheet with them, and in such case the surface map shall be drawn on transparent cloth or paper so that it can be laid upon the map of underground workings and thus indicate the relation of lines and objects on the surface to the excavations of the mine.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/33.07) (from Ch. 96 1/2, par. 3307)

Sec. 33.07. Each map shall show by profile drawing and measurements, in feet and decimals thereof, the rise and dip of the seam from the bottom of the shaft in either direction to the face of the workings.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/33.08) (from Ch. 96 1/2, par. 3308)

Sec. 33.08. The original or true copies of all such maps shall be kept in the office at the mine, and one true copy thereof shall be furnished to the State Mine Inspector for the district in which said mine is located, and one shall be filed in the office of the recorder of the county in which the mine is located, within 30 days after the completion of the same. The maps so delivered to the State Mine Inspector and recorder shall remain in the custody of said State Mine Inspector and recorder during their respective terms of office and be delivered by them to their successors in office. They shall be kept at the office of the State Mine Inspector and of the recorder, and be open to the examination of all persons interested in the same, but such examination shall be made only in the presence of the State Mine Inspector or the recorder. Neither the State Mine Inspector nor the recorder shall permit any copies of the same to be made without the written consent of the operator or the owner of the property.

(Source: P.A. 83-358.)

(225 ILCS 705/33.09) (from Ch. 96 1/2, par. 3309)

Sec. 33.09. The recorder shall promptly index such map as part of the title record of the property affected. A copy of each map and extensions to the same shall be furnished by the operator to the Department and the mine rescue station superintendent for use in connection with rescue work only.

(Source: P.A. 83-358.)

(225 ILCS 705/33.10) (from Ch. 96 1/2, par. 3310)

Sec. 33.10. An extension of the last preceding survey of every mine in active operation shall be made once in every 12 months and the results of the survey, with the date thereof, shall be promptly and accurately entered upon the original maps and all copies of the same, so as to show all changes in plan or new work in the mine, and all extensions of the old workings which have been made since the last preceding survey. The State mine inspector, the recorder, and the rescue station superintendent shall be furnished with a copy of the extended map or of the extension to the map. When the State mine inspector has corrected his copy of the original map, he shall deliver his copy of the extensions to said map to the Department which shall thereupon file the same or a photostat thereof in the archives of the Department. The former map or photostat thereof of any mine may be destroyed upon the filing of each last submitted map or copy provided the same is a complete map of the mine.

(Source: P.A. 83-358.)

(225 ILCS 705/33.11) (from Ch. 96 1/2, par. 3311)

Sec. 33.11. The State Mine Inspector or the Mining Board may order a survey to be made of the workings of any mine in addition to the regular annual survey, the results to be extended on the maps of the same and copies thereof, whenever the safety of the workers, unlawful injury to the surface, unlawful encroachment upon adjoining property, or the safety of an adjoining mine requires it.

(Source: P.A. 81-992.)

(225 ILCS 705/33.12) (from Ch. 96 1/2, par. 3312)

Sec. 33.12. If the State Mine Inspector or the Mining Board shall believe any map required by this Act is materially inaccurate or imperfect, the State Mine Inspector or the Mining Board is authorized to make, or cause to be made, a correct survey and map at the expense of the operator, the cost recoverable as for debt; but, if such test survey shows the operator's map to be correct, the State shall be liable for the expenses incurred by the Department.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/33.13) (from Ch. 96 1/2, par. 3313)

Sec. 33.13. Whenever title to any mine is transferred the transferee shall file in the office of the recorder of the county wherein the mine is located, within 30 days of the date of transfer two complete sets of maps of the mine as described in Sections 33.02 and 33.03 of this Act. The seller and purchaser shall certify on each set of maps that they are correct and such maps shall be prima facie evidence against such seller and purchaser in any court of law, of the condition of the mine at the date of transfer. The public shall have access to one set, and one set shall be kept on file by the recorder and shall not be open to the public.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/33.14) (from Ch. 96 1/2, par. 3314)

Sec. 33.14. If an operator of any mine refuses or wilfully neglects for a period of 3 months, to furnish the State Mine Inspector, the Department, the recorder and the superintendent of the rescue stations the map or plan of such mine, or a copy thereof, or of the extensions thereto, as provided for in this Act, such operator shall be guilty of a business offense and fined not less than $500 nor more than $1,000, and, in addition thereto, the State Mine Inspector or the Mining Board is authorized to make, or cause to be made, an accurate map or plan of such mine at the expense of the operator thereof, and the cost of the same may be recovered by an action at law from the operator in the same manner as other debts by suit, in the name of the State Mine Inspector or the Department, and for his or its use, and copies of the same shall be filed by him or by the Department, one each with the recorder, the State Mine Inspector, the Department, and the mine rescue station superintendent.

(Source: P.A. 83-358.)

(225 ILCS 705/Art. 34 heading) ARTICLE 34. ABANDONED MINES.

(225 ILCS 705/34.01) (from Ch. 96 1/2, par. 3401)

Sec. 34.01. When any coal mine is worked out or is about to be abandoned or closed indefinitely, the operator shall make a final survey of the mine. The final survey shall show the entire worked out area, and all maps shall be extended to show the final areas.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/34.02) (from Ch. 96 1/2, par. 3402)

Sec. 34.02. A copy of the final map of an abandoned mine shall be delivered to the Department within 90 days after closing. The Department shall keep the final map as a public document. A copy of the final map of an abandoned mine shall also be sent by the operator to the recorder of the county in which the mine is located, within the time prescribed herein.

(Source: P.A. 83-358.)

(225 ILCS 705/34.03) (from Ch. 96 1/2, par. 3403)

Sec. 34.03. The shaft, slope, or drift opening into any abandoned mine shall be filled with earth or other material, or be kept permanently enclosed and sealed. The time for completion of this work shall be in the discretion of the State Mine Inspector.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/34.03-1) (from Ch. 96 1/2, par. 3404)

Sec. 34.03-1. Whenever the Department is notified that subsidence is causing damage to surface areas overlying or in the proximity of an abandoned mine, the Mining Board shall hold a public hearing concerning the matter and publish its findings. If the Mining Board finds that subsidence in an abandoned mine has caused or is likely to cause damage to surface structures or constitutes a danger to the health, safety and welfare of the public, and the condition is not remedied within 30 days after publication of the findings, any duly authorized representative of the Department shall have the right, without obtaining further consent, to enter any portion of the abandoned mine by shaft, tunnel or otherwise, to perform refilling or such other remedial work as is deemed necessary by the Department.

If the Director determines that irreparable injury will result unless immediate action is taken, the entry may be authorized by the Director without notice or hearing for the purpose of taking temporary remedial action to minimize such injury pending the giving of notice and hearing.

(Source: P.A. 80-1.)

(225 ILCS 705/34.03-2) (from Ch. 96 1/2, par. 3405)

Sec. 34.03-2. Nothing in Section 34.03-1 shall relieve any owner or operator otherwise legally responsible from any obligation imposed by law.

(Source: P.A. 80-1.)

(225 ILCS 705/34.04) (from Ch. 96 1/2, par. 3406)

Sec. 34.04. During pillar recovery in any mine when working places approach within 50 feet of abandoned sealed workings, as shown by surveys made and certified by a competent engineer or surveyor, which may contain dangerous accumulations of water or gas, or within 200 feet of any workings of an adjacent mine, boreholes shall be drilled to a distance of at least 20 feet in advance of the face of such working place. Such boreholes shall be drilled sufficiently close to each other to insure that the advancing face will not accidentally hole through into such workings. Boreholes shall also be drilled not more than 8 feet apart in the rib of such working place to a distance of at least 20 feet and at an angle of 45 degrees. Such rib holes shall be drilled in one or both ribs of such working place as may be necessary for adequate protection of persons working in such place. The above provisions shall apply to any working place in any mine at any time should conditions warrant same in the interest of safety.

(Source: Laws 1957, p. 2413.)

(225 ILCS 705/Art. 35 heading) ARTICLE 35. PAY OF MINERS.

(225 ILCS 705/35.01) (from Ch. 96 1/2, par. 3501)

Sec. 35.01. Every person engaged in mining coal for any corporation, company, firm or individual, shall be paid in lawful money of the United States or par check for all coal mined and loaded into the mine car by such person for such corporation, company, firm or individual, including lump, egg, nut, pea and slack, or such other grades as said coal may be divided into, at such price as may be agreed upon by the respective parties.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/35.02) (from Ch. 96 1/2, par. 3502)

Sec. 35.02. The State Mine Inspector shall ascertain whether the provisions of Section 35.01 of this Article are being complied with in his district, and if he finds that any corporation, company, firm or individual is violating the provisions of this Article, he shall at once institute suit in the name of the People of the State of Illinois, in the circuit court, for the recovery of the penalty provided for in this Article, and the State's Attorney of the county in which such suit is brought, when notified by the State Mine Inspector, shall prosecute such suit as provided by law in other State cases.

(Source: P.A. 79-1358.)

(225 ILCS 705/35.03) (from Ch. 96 1/2, par. 3503)

Sec. 35.03. Every corporation, company, firm or individual that violates the provisions of this Article shall be guilty of a petty offense.

(Source: P.A. 77-2718.)

(225 ILCS 705/Art. 36 heading) ARTICLE 36. GENERAL PENALTY.

(225 ILCS 705/36.01) (from Ch. 96 1/2, par. 3601)

Sec. 36.01. The violation of any provision of this Act for which a penalty is not herein specifically provided is guilty of a Class A misdemeanor.

(Source: P.A. 77-2718.)

(225 ILCS 705/Art. 37 heading) ARTICLE 37. FINAL PROVISIONS.

(225 ILCS 705/37.01) (from Ch. 96 1/2, par. 3701)

Sec. 37.01. If any provision of this Act is held unconstitutional, such invalidity shall not affect the validity of any other provision which can be given effect without the invalid part.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/37.02) (from Ch. 96 1/2, par. 3702)

Sec. 37.02. Any provision of this Act, insofar as it is the same as or substantially the same as any provision of a statute repealed herein, shall be construed as a continuation of such prior provisions and not as a new enactment.

If in any other statute reference is made to an Act, or part thereof, which is repealed herein and the provisions of such repealed Act or part thereof are continued in this Act, such reference shall be construed as referring to those provisions continued in this Act.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/37.03) (from Ch. 96 1/2, par. 3703)

Sec. 37.03. Any certificate of competency or qualification issued pursuant to the provisions of any Act which is repealed by this Act and which was valid immediately prior to the taking effect of this Act shall be deemed a certificate of competency or qualification issued pursuant to and subject to the provisions of this Act.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/37.04) (from Ch. 96 1/2, par. 3704)

Sec. 37.04. The repeal of Acts herein provided shall not affect any offense committed, any act done, any proceeding or prosecution pending, nor any claim, right or remedy accrued under any of such repealed Acts.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/Art. 38 heading) ARTICLE 38. SURFACE MINING REGULATIONS. (Source: P.A. 96-328, eff. 8-11-09.)

(225 ILCS 705/38.1) (from Ch. 96 1/2, par. 3801)

Sec. 38.1. Adoption of regulations - scope.

This Article sets forth mandatory safety standards for bituminous, anthracite and lignite surface coal mines, including open pit and auger mines, preparation facilities and to other surface work areas of underground and surface coal mines.

(Source: P.A. 79-460.)

(225 ILCS 705/38.2) (from Ch. 96 1/2, par. 3802)

Sec. 38.2. Regulations.

On or before January 1, 1976, the Mining Board shall adopt regulations pursuant to the provisions of Section 2.12 of this Act to govern the operation of surface mining facilities affecting the health and safety of persons employed at those facilities but not in conflict with federal standards. In no event shall the regulations provide for any protection at a level which is below that established in the Federal Safety Standards for Surface Mining, promulgated by the United States Secretary of the Interior.

(Source: P.A. 79-460.)

(225 ILCS 705/38.3) (from Ch. 96 1/2, par. 3803)

Sec. 38.3. Surface mine supervisor. On or after September 1, 1977, it shall be unlawful for any operator of a surface coal mine to employ, in a supervisory capacity listed below any person who does not hold a certificate of competency issued by the Mining Board.

Those persons assigned to supervise:

(a) Overburden stripping

(b) Drilling and shooting

(c) The pit coal loading operation

(d) Reclamation work at the mine.

Each applicant must have a minimum of 2 years of surface mining experience and pass an examination, administered by the Mining Board, based on Illinois State Mining Law as it pertains to his responsibilities. Temporary certification will be provided by the Mining Board for persons with at least 2 years surface mining experience up to the time of the next examination or up to a maximum of 6 months.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/38.4)

Sec. 38.4. General surface supervisor of an underground mine. On or after July 1, 2006, it shall be unlawful for an operator of an underground coal mine surface facility or a coal preparation plant or a contractor engaged in the construction, demolition, or dismantling of an underground coal mine surface facility or a coal preparation plant to employ, in a supervisory capacity, any person who does not hold a certificate of competency issued by the Mining Board to oversee any of the following activities:

(1) Coal preparation and storage.

(2) Mine equipment storage and repair.

(3) Mobile equipment operation.

(4) Site construction, demolition, or dismantling operations.

Each applicant for a certificate as a general surface supervisor of an underground mine must have a minimum of 2 years of work experience at a coal mine surface facility or coal preparation plant. In addition to the work experience requirement set forth in this Section, a contractor engaged in the construction, demolition, or dismantling of surface structures must successfully complete an examination concerning the Department's health and safety regulations as these regulations pertain to the contractor's responsibilities, which shall be administered by the Mining Board. Temporary certification may be issued by the Mining Board for persons with at least 2 years of the required work experience and shall be valid until the time of the next examination or for a maximum of 6 months, whichever is shorter.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/38.5)

Sec. 38.5. Independent contractor supervisor. On or after July 1, 2006, it shall be unlawful for an operator of an underground coal mine surface facility or a surface coal mine facility to employ an independent contractor who does not have an independent contractor supervisor certificate issued by the Mining Board to oversee and supervise the work for which the services of an independent contractor have been obtained, including, but not limited to, work in the area of construction, demolition, repair or maintenance, or major renovations of existing facilities or other heavy or extensive work planned for an extended period of time.

Each applicant for an independent contractor supervisor certificate must provide proof of at least 2 years of experience in independent contract work at surface mines or at the surface of underground mines and successfully complete an examination based on the mining laws of this State as these laws pertain to the applicant's responsibilities, which shall be administered by the Mining Board. Temporary certification may be issued by the Mining Board for persons with at least 2 years of the required work experience and shall be valid until the time of the next examination or for a maximum of 6 months, whichever is shorter.

Independent contractors employed to engage in routine maintenance work within a facility, including, but not limited to, plumbing repair, roof repair, and carpentry work, are not required to possess an independent contractor supervisor certificate to engage in such routine maintenance work within a facility.

(Source: P.A. 94-1041, eff. 7-24-06.)

(225 ILCS 705/Art. 39 heading) ARTICLE 39. MINERS' REMEDIES. (Source: P.A. 96-328, eff. 8-11-09.)

(225 ILCS 705/39.1) (from Ch. 96 1/2, par. 3901)

Sec. 39.1. Right of miner to refuse to operate unsafe equipment.

It shall be unlawful to require an employee to work under conditions which he has reasonable grounds to believe to be immediately dangerous to himself beyond the normal hazards inherent in the operation and which could reasonably be expected to cause death or serious physical harm before the condition or practice can be abated.

(Source: P.A. 79-460.)

(225 ILCS 705/Art. 40 heading) ARTICLE 40.MINE ELECTRICIANS. (Source: P.A. 98-543, eff. 1-1-14.)

(225 ILCS 705/40.1)

Sec. 40.1. Mine electrician. Each applicant for a certificate of competency as mine electrician shall produce evidence of at least one year of experience in performing electrical work in a coal mine or acceptable related industry. The applicant shall pass an examination as to his or her practical and technical knowledge of the nature and properties of electricity, direct and alternating currents, electrical equipment and circuits, permissibility of electrical equipment, the National Electrical Code, and the laws of this State relating to coal mine electricity. To be eligible for taking a mine electrician examination administered by the State Mining Board, the applicant must meet at least one of the following criteria:

(1) be classified as an apprentice mine electrician and have met the requirements for an apprentice;

(2) possess a Bachelor of Science degree in electrical engineering and provide evidence of experience;

(3) possess a current coal mine electrician certification from another state coal mine electrical program; or

(4) be qualified as a mine electrician, but have not taken a State-approved coal mine electrician examination or a federal coal mine electrician examination.

"Qualified mine electrician" means an individual who has completed the required classroom instruction from an approved college or university and can produce evidence of at least one year of experience in performing electrical work in a coal mine or acceptable related industry.

(Source: P.A. 98-543, eff. 1-1-14.)

(225 ILCS 705/40.2)

Sec. 40.2. Electrical equipment and systems; examination, testing, and maintenance. All electrical equipment and systems shall be frequently examined and tested and properly maintained by a mine electrician to ensure safe operating conditions. When a potentially dangerous condition is found in electrical equipment or an electrical system, the equipment or system shall be removed from service until the condition is corrected. A record of the examinations shall be kept and made available to the company, the State Mine Inspector, and all other persons interested.

(Source: P.A. 98-543, eff. 1-1-14.)