(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 | ||
| ||
2. adequate written notice of all hearings to any | ||
| ||
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 | ||
| ||
7. the right to request issuance of subpoenas by the | ||
| ||
(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 | ||
| ||
2. On non-coal producing shifts, if the mine has a | ||
| ||
3. He shall see that no person, other than competent | ||
| ||
4. If the mine has constructed a minimum of 120 psi | ||
| ||
5. He shall have a certified mine examiner conduct | ||
| ||
(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 | ||
| ||
2. On non-coal producing shifts, if the mine has a | ||
| ||
3. If the mine has constructed a minimum of 120 psi | ||
| ||
4. Conduct weekly examinations of escape ways | ||
| ||
(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 | ||
| ||
(2) the operator of the coal producing mine agrees to | ||
| ||
(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 | ||
| ||
(2) 40 inches or more, but less than 51 inches, | ||
| ||
(3) 51 inches or more, but less than 66 inches, | ||
| ||
(4) 66 inches or more, caches must be located no more | ||
| ||
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 | ||
| ||
(2) 200 linear feet of brattice cloth of adequate | ||
| ||
(3) 2 hand saws; (4) 20 1 x 6 brattice boards at least 12 feet long | ||
| ||
(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 | ||
| ||
(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 | ||
| ||
"Conductor pipe" means a short string of | ||
| ||
"Gas detector" means a mechanical, electrical, or | ||
| ||
(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 | ||
| ||
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 | ||
| ||
(2) possess a Bachelor of Science degree in | ||
| ||
(3) possess a current coal mine electrician | ||
| ||
(4) be qualified as a mine electrician, but have not | ||
| ||
"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.) |