Public Act 099-0538
 
SB2813 EnrolledLRB099 19991 EGJ 44390 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Coal Mining Act is amended  by changing 
Sections 5.06, 5.09, 5.10, 5.11, 6.01, 6.04, 6.05, 6.10, 6.11,  
6.12, 6.15, 6.16, 16.11, 25.01, 25.02, 25.04, 25.05, 29.01, 
31.03, 31.04, 31.05, 31.06, 31.10, and 31.30 and  by adding 
Section 1.25 as follows:
 
    (225 ILCS 705/1.25 new)
    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.
 



    (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: Laws 1953, p. 701.)

 



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



    Sec. 5.09. (A) In all gassy mines: 

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

traveling in its proper course and in normal volume.

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

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

    4. If the mine has constructed a minimum of 120 psi seals, 
he shall have a certified mine examiner conduct weekly 
examinations at each seal along return and bleeder air courses 
and at each seal along intake air courses where intake air 
passing by the seal is not used to ventilate a working section. 
If the mine has constructed less than 120 psi seals, he shall 
have a certified mine examiner conduct a daily examination of 
each seal along return and bleeder air courses. If it is known 
that the air downwind of a minimum 120 psi seals when tested at 
a point not less than 12 inches from the roof, face, or rib 
contains more than 1.0% of methane as determined by permissible 
methane detector, air analysis, or other recognized means of 
accurately detecting such gas, he shall have each seal along 
return and bleeder air courses and at each seal along intake 
air courses where intake air passing by the seal not used to 
ventilate a working section to be examined by a certified mine 
examiner before the workers of any shift, other than the 
examiner or the examiners  designated by the mine manager to 
make the examination, enter the underground  areas of such mine.
    5. He shall have a certified mine examiner conduct weekly 
examinations of escape ways required by Sections 19.11 and 
19.13. 
    (B) In non-gassy mines:

    1. Have the underground areas examined by a certified mine 
examiner
at least once in each calendar day during which coal 
is produced.  Such
examination shall be made within 4 hours 
immediately preceding the
beginning of the first 
coal-producing shift on such day.

    2. On idle days, have all sections of the mine examined 
where men
are to be required to work.

    3. On idle nights, when the mine has been examined for the 
day shift
and the men are to work in sections previously 
examined and no coal is
to be mined, no further examination 
shall be required.

    (C) One examination on each day when workers perform 
production or
idle day work shall include the escape ways 
required by Sections 19.11
and 19.13.

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

 



    (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 In a 
gassy mine such examinations shall include tests with a 
multi-gas detector
permissible flame safety lamp for methane 
and oxygen deficiency. In all
underground face workings in a 
gassy mine where electrically driven
equipment is operated, 
examinations for methane shall be made with a multi-gas 
detector
permissible flame safety lamp by a person trained in 
the use of such multi-gas detector lamp
before equipment is 
taken into or operated in face regions, and frequent

examinations for methane shall be made during such operations.

(Source: Laws 1953, p. 701.)

 



    (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 thereof

with indelible pencil or ink in a well-bound or properly 
protected loose
leaf book provided by the operator for that 
purpose, and the book or computer system shall be secure and 
not susceptible to alteration.

(Source: Laws 1953, p. 701.)

 



    (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, 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 safety lamps, 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. 89-445, eff. 2-7-96.)

 



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



    Sec. 6.04. (A) In all gassy mines: 

    1.   When the mine is to be operated, he shall examine the 
prescribed
working places of such mine within 3 4 hours before 
any workers in such
shift, other than the examiner or the 
examiners designated by the mine manager Mine
Manager to make 
the examination, enter the underground areas of the
mine. 
Examine every active working place in the mine and make tests

therein with a multi-gas detector permissible flame safety lamp 
for accumulation of methane
and oxygen deficiency in the air 
therein; examine intake seals used to ventilate a working 
section and doors to
determine whether they are functioning 
properly; inspect and test the
roof, face, and rib conditions 
in the working areas and on active
roadways and travelways; 
inspect active roadways, travelways, approaches
to abandoned 
workings, and accessible falls in active sections for
explosive 
gas and other hazards; and inspect to determine whether the
air 
in each split is traveling in its proper course and in normal

volume.

    2. On non-coal producing shifts, if the mine has a 
constructed minimum of 120 psi seals, he shall examine the mine 
in any area where any person is scheduled to work or travel 
underground. If the mine has less constructed than 120 psi 
seals, he shall examine the mine in its
entirety the same as 
for a coal producing shift, except where men are to
work only 
in the shaft, slope, or drift  or on the immediate shaft
bottom, 
then only that area immediately surrounding the bottom need be

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

    3. If the mine has constructed a minimum of 120 psi seals, 
he shall conduct weekly examinations at each seal along return 
and bleeder air courses and at each seal along intake air 
courses where intake air passing by the seal is not used to 
ventilate a working section. If such mine has constructed less 
than 120 psi seals, he shall conduct a daily examination of 
each seal along return and bleeder air courses. If it is known 
that the air downwind of a minimum 120 psi seals when tested at 
a point not less than 12 inches from the roof, face, or rib 
contains more than 1.0% of methane as determined by permissible 
methane detector, air analysis, or other recognized means of 
accurately detecting such gas, he shall examine each seal along 
return and bleeder air courses and at each seal along intake 
air courses where intake air passing by the seal not used to 
ventilate a working section before the workers of any shift may 
enter the underground areas of such mine.
    4. Conduct weekly examinations of escape ways required by 
Sections 19.11 and 19.13. 
    (B) In non-gassy mines:

    1. He shall examine the underground areas in the mine at 
least once
in each calendar day during which coal is produced.  
Such examination
shall be made within 4 hours immediately 
preceding the beginning of the
first coal-producing shift on 
such day.

    2. On idle days he shall examine all sections of the mine 
where men
are required to work.

    3. On idle nights, if the mine has been examined for the 
day shift
and the men are to work in sections previously 
examined and no coal is
to be mined, no further examination 
shall be required.

    (C) One examination on each day  when workers perform 
production or
idle day work shall include the escape ways 
required by Sections 19.11
and 19.13.

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

 



    (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
safety lamp in proper order 
and condition and a rod or bar for sounding the
roof.

(Source: Laws 1953, p. 701.)

 



    (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 of
the same in a book kept for that 
purpose, 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 
record shall be made each morning 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: Laws 1953, p. 701.)

 



    (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 record the same in the daily record book of 
examinations,
setting forth the nature of the conditions found 
and the location of same.

(Source: Laws 1955, p. 2012.)

 



    (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 ; but in any mine
employing 
more than 25 men, 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: Laws 1953, p. 701.)

 



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



    Sec. 6.15. 
A In mines classified as gassy, a sufficient 
number of men trained
in the use of a multi-gas detector 
permissible flame safety lamp shall be employed by the

operator, who shall examine the mine for obnoxious and 
inflammable gases
while men are working therein.

(Source: Laws 1953, p. 701.)

 



    (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 4 hours preceding the time the 
day shift
goes on duty for every day in which the mine is to be 
operated.

(Source: Laws 1953, p. 701.)

 



    (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 at least once
each six months, or more 
often if necessary, and a notice shall be posted
in the engine 
room giving the date when the rope was installed and when

resocketed.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/25.01)  (from Ch. 96 1/2, par. 2501)



    Sec. 25.01. 
Multi-gas detectors Not less than two 
permissible flame safety lamps 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 flame safety
lamps, permissible methane detectors, 
or air sampling and analysis shall be
used for determining the 
presence of methane and other gases in mine air.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/25.02)  (from Ch. 96 1/2, par. 2502)



    Sec. 25.02. 
Mine In gassy mines, mine officials whose 
regular duties require
them to inspect working places shall 
have in their possession, when underground,
a permissible 
multi-gas detector flame safety lamp in safe working condition, 
for the detection
of methane and oxygen deficiency.

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

 



    (225 ILCS 705/25.04)  (from Ch. 96 1/2, par. 2504)



    Sec. 25.04. 
All multi-gas detectors safety lamps 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 clean, fill, trim, examine
and deliver 
same, locked and in safe condition to the men when they enter

the mine, or at some underground station designated by the mine 
manager for
that purpose. He shall also receive the lamps from 
the men when they leave
the mine or as they pass the 
underground lamp station at the end of their
shift.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/25.05)  (from Ch. 96 1/2, par. 2505)



    Sec. 25.05. 
The person to whom multi-gas detectors lamps 
are given shall be responsible for the
condition and proper use 
of the multi-gas detectors safety lamps while in their 
possession, and
their return to the lamp station.

(Source: Laws 1953, p. 701.)

 



    (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: Laws 1953, p. 701.)

 



    (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 an approved safety lamp, 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. 89-657, eff. 8-14-96.)

 



    (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
permissible flame safety lamp, 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: Laws 1953, p. 701.)

 



    (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 permissible flame safety lamp, 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: Laws 1953, p. 701.)

 



    (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 permissible flame safety
lamp, 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 permissible flame safety lamp, air
analysis, or other 
recognized means of accurately detecting such 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
flame safety lamp, 
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: Laws 1953, p. 701.)

 



    (225 ILCS 705/31.30)  (from Ch. 96 1/2, par. 3130)



    Sec. 31.30. 
In gassy 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

permissible flame safety lamp. 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: Laws 1953, p. 701.)

 
    (225 ILCS 705/25.03 rep.)
    (225 ILCS 705/25.06 rep.)
    (225 ILCS 705/25.07 rep.)
    Section 10. The Coal Mining Act is amended by repealing 
Sections 25.03, 25.06, and 25.07.