Chapter 2 - Mining Operations
CHAPTER 2 - MINING OPERATIONS
ARTICLE 1 - IN GENERAL
30-2-101. Definitions.
(a) As used in this act:
(i) "Approved" means any device or practice approvedby the inspector;
(ii) "Council" means the state mining council which iswithin the department of employment;
(iii) "Coal mine" means any mine from which coal isproduced for sale, exchange or use;
(iv) "Cross entry" means an entry from which roomentries are turned;
(v) "Gassy mine" means a mine:
(A) In which methane has been ignited;
(B) In which methane has been found by means of a permissibleflame safety lamp or by air analysis in an amount of twenty-five one hundredthsof a percent (0.25%) or more; or
(C) Which is contiguous to a gassy mine.
(vi) "Inspector" means the state inspector of mines;
(vii) "Interested persons" means authorized members ofthe mine safety committee, state and federal inspectors, and, to the extentrequired by law, any other person;
(viii) "Mine" means underground or surface mines,including coal mines;
(ix) "Mine foreman" means the person whom the operatorplaces in charge of the workings of a mine or a portion of a mine and ofpersons employed therein. He is the official responsible for the health andsafety of the employees;
(x) "Mining operations" include the following whetherin process or development, construction or operation:
(A) Mines;
(B) Ore mills;
(C) Ore processing plants;
(D) Sampling works;
(E) Smelters;
(F) Metallurgical plants;
(G) Cement manufacturing plants and cement works;
(H) Rock quarries;
(J) Clay pits and mines;
(K) Sand and gravel pits;
(M) Tunnels and tunneling;
(N) Excavations or removal of earth for commercial orindustrial purposes;
(O) All other processes or operations in which mineralmaterials in solid form are extracted or processed within Wyoming, butexcluding mining operations and processes relating to highway and railroadconstruction and maintenance, other than tunneling, performed directly underthe control and supervision of the state department of transportation or arailroad company. The exclusion does not apply to commercial suppliers.
(xi) "Nongassy mine" means any mine not classed as agassy mine;
(xii) "Operator" means an individual, firm,partnership, or corporation operating a mine or any part thereof;
(xiii) "Permissible" means any equipment, device, orexplosive that meets the requirements of the MSHA;
(xiv) Repealed by Laws 2003, Ch. 5, 2.
(xv) "This act" means W.S. 30-2-101 through 30-3-509;
(xvi) "MSHA" means the federal mine safety and healthadministration, department of labor;
(xvii) "Qualified person" means a person qualified bymeans of the proper certification issued by the council or by means of trainingand practical demonstration of ability to the inspector or MSHA;
(xviii) "Mine site contractor" means a person who hasentered into a contract with a mine owner or operator to perform functionstraditionally performed by mine personnel.
30-2-102. Minimum standards.
Thisact and the rules and regulations adopted under it constitute the body ofstandards for mining operations in this state. The laws, rules and regulationsare intended to constitute minimum standards recognized as necessary for theprotection of the public interest and the safety of employees and the generalpublic.
30-2-103. General penalty.
Anyperson who willfully and knowingly violates any provision of this act or rulesand regulations adopted under it for which another penalty has not beenspecifically provided is guilty of a misdemeanor punishable by a fine of notmore than seven hundred fifty dollars ($750.00) or by imprisonment of not morethan six (6) months, or both.
30-2-104. Restrictions upon visitation.
(a) No person shall enter or remain in any mine, excavation,pit, quarry, mill, or processing plant unless authorized by the owner oroperator or by law.
(b) No person other than the owner and operator, his employeesand agents, and inspectors shall enter, be permitted to enter or remain in anymine, excavation, pit, quarry, mill, or processing plant unless accompanied bythe owner, operator or other authorized person.
30-2-105. Alcohol or controlled substances and intoxication by eitherprohibited.
Noalcohol or a controlled substance as defined in W.S. 35-7-1014 through35-7-1022 except a controlled substance in schedule V not requiring a prescriptionor as prescribed by W.S. 35-7-1030 shall be taken into or permitted within anymine, excavation, pit or quarry, or mill or processing plant. No personbelieved to be under the influence of alcohol or a controlled substance asdefined in W.S. 35-7-1014 through 35-7-1022 except a controlled substance inschedule V not requiring a prescription or as prescribed by W.S. 35-7-1030shall be allowed to enter or remain in or around any mine, excavation, pit,quarry, or mill or processing plant.
30-2-106. Action for damages; injury to person or property; loss oflife; exception.
Forany injury to person or property occasioned by a violation of or a willfulfailure to comply with this act, a right of action against the party at faultshall accrue to the party injured for the direct damages sustained thereby. Inany case of loss of life, by reason of such a violation or willful failure, aright of action against the party at fault shall accrue to the administrator ofthe estate of the deceased person for like recovery of damages for the injuriessustained. Nothing in this section shall be construed to prevent the recoveryof any lawful damages against the person or company operating a mine if thecompany is found at fault or to have contributed to any accident by theircarelessness. The state shall not be liable for damages under this section.
30-2-107. Prohibited acts generally.
(a) No person shall intentionally:
(i) Injure any shaft, lamp, instrument, air course or brattice;
(ii) Obstruct or throw open airways;
(iii) Carry any pipe, cigar or cigarette, match or fire-producingmaterial or appliance into places worked by safety lamps;
(iv) Handle or disturb any part of the mine machinery;
(v) Open and fail to close a door;
(vi) Enter any place of a mine against caution;
(vii) Disobey any order given in implementing this act;
(viii) Commit any act endangering the lives or the health ofpersons or the security of a mine or machinery.
30-2-108. Bathhouses; when required; specifications; requirements asto use; penalty for failure to provide.
(a) A mine owner or operator employing twenty (20) or moreminers at any one (1) mine shall provide and maintain in a clean and sanitarycondition a bathhouse for the use of the employees if sixty percent (60%) ofthe employees request it in writing.
(b) The bathhouse shall:
(i) Be convenient to the mine entrance;
(ii) Be equipped with:
(A) Sufficient individual lockers, or baskets or hangers;
(B) Benches or seats;
(C) Proper lights, heat, hot and cold water, and shower baths.
(iii) Be maintained in good order;
(iv) Have sufficient floor space to accommodate the personsusing it;
(v) Have concrete, tile or cement flooring in the washroom orbathroom;
(vi) Be constructed of noncombustible material;
(vii) Have steel lockers not less than twelve (12) inches bytwelve (12) inches by forty-eight (48) inches in height, or individual hangersof not less than three (3) hooks with a basket of suitable size, attached to aproper chain or wire rope, placed so wearing apparel, when hung thereon, willnot be less than seven (7) feet above the floor of the building, and capable ofbeing locked in that position. Lockers, or baskets or hangers shall besufficient in number to accommodate the employees using the bathhouse;
(viii) Have one (1) shower bath with adequate floor space forevery fifteen (15) employees using the bathhouse.
(c) Employees shall:
(i) Furnish their own towels, soap and lock for their lockers,or baskets or hangers;
(ii) Exercise control over, and be responsible for, propertythey leave in their lockers, or baskets or hangers.
(d) A mine owner or operator violating this section is guiltyof a misdemeanor punishable by a fine of not less than fifty dollars ($50.00),nor more than one hundred dollars ($100.00). Each day there is a violation ofthis section constitutes a separate offense.
ARTICLE 2 - INSPECTOR OF MINES
30-2-201. Appointment and qualifications of inspector and deputyinspectors; terms of office; removal; bond coverage; to devote full time toduties.
(a) There is created the office of the inspector of mineswithin the department of employment. The inspector of mines shall be appointedby the governor by and with the advice and consent of the senate but is subjectto the Wyoming Government Reorganization Act of 1989. His term of office is two(2) years. His office shall be located in the city of Rock Springs, Sweetwatercounty, Wyoming. Appointment, term and the filling of vacancies shall be underW.S. 28-12-101 through 28-12-103. His salary shall be determined under W.S.9-3-101. He may be discharged at any time during his term by the governor asprovided in W.S. 9-1-202. The inspector shall:
(i) Be a qualified elector of the state and at leastthirty-five (35) years of age;
(ii) Possess the degree of a graduate engineer from anaccredited school, or the equivalent thereof;
(iii) Have not less than fifteen (15) years mining experience;
(iv) Have experience in underground mining operations, andknowledge of the various problems involving the health and safety of employeesin both underground and surface mining, and in the upgrading, processing,milling and beneficiation of the various minerals mined or produced within thisstate;
(v) Be thoroughly familiar with:
(A) Ventilation methods in mining;
(B) The nature, chemistry, detection and control of noxious,poisonous or explosive gases or emanations;
(C) The dangers incident to blasting and the preventionthereof;
(D) The application and use of electricity in miningoperations;
(E) The methods of fire and explosion prevention and controland extinguishment of mine fires;
(F) The health and safety problems involved in small and largescale surface mining operations and related earth-removal or excavation;
(G) The methods of rescue and recovery work following minedisasters; and
(H) State mining laws and mining operations.
(vi) Not be an employee, owner or part owner of any mine ormining company in this state;
(vii) Possess a mine foreman's certificate.
(b) Repealed by Laws 1989, ch. 139, 4.
(c) Subject to the Wyoming Government Reorganization Act of1989, additional deputy inspectors of mines may be employed, one (1) of whichshall be qualified for coal. A deputy inspector of mines for the inspection ofmines other than coal mines shall have the same qualifications as the inspectorof mines except he shall have had not less than ten (10) years rather thanfifteen (15) years of mining experience. A deputy inspector for coal minesshall have the same qualifications as the inspector of mines and also have atleast ten (10) years experience in underground mines in this state as part ofthe total mining experience required.
(d) The inspector of mines and all deputy inspectors shallobtain faithful performance and fidelity bond coverage under W.S. 9-1-102.
(e) The inspector of mines and all deputy inspectors shalldevote full time to the duties of their office.
30-2-202. Duties of inspector; duties of deputy inspectors.
(a) The inspector shall:
(i) At reasonable times, day or night, without impeding orobstructing work, enter, inspect and examine any mining operation indevelopment, construction or operation, including the workings and the machineryand may request the assistance of other state agencies;
(ii) Collect state mining statistics and report to the governorannually no later than March 31 for the preceding calendar year. The reportshall include the statistics and may include recommendations concerning furthermining legislation. The statistics in the report shall include for each mine:
(A) A record of all mining accidents preventing victims fromreturning to work the day following the injury;
(B) Corrective measures taken to prevent the reoccurrence offatal accidents;
(C) Tons produced;
(D) Number of man hours worked.
(iii) Maintain a properly indexed, permanent record of allinspections made and reports filed under this act;
(iv) Ensure maps or diagrams of all underground mines in thestate are accurately made and filed in his office. Maps, diagrams and any plansfiled shall be preserved as a permanent and confidential record. If anadjoining operator can show need for safety reasons, he shall be given access toindividual maps, diagrams and plans;
(v) Supervise the deputy inspectors and have full authorityover their official activities;
(vi) Enforce all laws, rules and regulations pertaining to thesafety of mine operations in this state;
(vii) Revoke, in writing, any order issued by a deputy inspectorclearing a mine or portion thereof of persons, after he makes a personalexamination of the mine affected and determines it to be in a safe condition tooperate;
(viii) To the extent possible, collect, organize and makeavailable studies, information and dates concerning mineral deposits,geological formations and mining and milling operations in this state;
(ix) Exercise supervision necessary for enforcement of this actover and inspection of all mining exploration mines, mining operations,upgrading, processing, milling and beneficiation plants within the stateincluding the inspection of drill holes to ensure the holes have been properlyabandoned.
(b) Every deputy inspector shall perform inspections and otheractivities as the inspector directs or as provided by law.
30-2-203. Arbitrary action prohibited; information confidential;exception; interest in mining operations prohibited; discharge for violation ofsection; additional penalty.
Neitherthe inspector nor any deputy inspector shall, in any of his functions, actarbitrarily or without just cause. Information obtained in the course ofinspections is confidential except where disclosure may be required inenforcement of this act. Grossly negligent release of confidential informationacquired in the course of duty, willful discrimination between operators, orknowingly applying to his own material gain knowledge acquired in the course ofduty by the inspector or any deputy inspector, is justification for dischargeand, in addition, is a misdemeanor punishable upon conviction by a fine not toexceed five hundred dollars ($500.00) or by imprisonment for a period of notmore than six (6) months, or both.
30-2-204. Police powers generally.
Theinspector and deputy inspectors shall have and exercise throughout the stateall of the powers of peace officers with respect to the enforcement of thisact.
30-2-205. Rules and regulations; uniform code of signals; penalty forfalse signals.
(a) The inspector shall under W.S. 16-3-101 through 16-3-115promulgate rules and regulations to implement this act. Rules and regulationsshall be promulgated under this act for all types of mines and mining or forspecific types of mines or mining as required to implement this act and tocomply with applicable federal law. The rules and regulations shall be no morestringent than federal rules and regulations and shall provide the flexibilitynecessary in application to specific instances and implement the basic purposeof giving all mining operations and coal mines the greatest freedom consistentwith the public interest and the safety of employees and the general public.The inspector shall adopt applicable rules and regulations to the extentnecessary to implement the provisions of chapter 3 of this title for whichthere are no applicable federal rules and regulations. The inspector shallsubmit all rules and regulations to the council for final approval. The rulesimplementing the provisions of chapter 3 of this title shall:
(i) To the extent not in conflict with an express provision ofchapter 3 of this title, provide for consistency and equivalency but not morestringent than rules and regulations adopted by the MSHA under Title 30 of thecode of Federal Regulations, Parts 56, 57, 75 and 77, as may be amended,including provisions incorporated by reference in those rules and regulations;and
(ii) Authorize variances to safety rules upon petition by theaffected operator and a determination by the inspector that:
(A) An alternative method of achieving the result of thestandard exists that will at all times guarantee no less than the same measureof protection afforded by the standard;
(B) Application of the standard will result in a diminution tosafety of the miners; or
(C) Failure to grant the variance would be inconsistent withaction taken on the same petition by the MSHA.
(b) The inspector of mines shall by rule or regulation:
(i) Adopt and enforce a uniform code of signals;
(ii) Determine at which mining operations the code of signalsshall be effective;
(iii) Prescribe the manner by which the code of signals shall bedisplayed or distributed.
(c) Any person giving or causing to be given false signals, orriding upon any cage, skip or bucket upon signals that designate to theengineer that no employees are aboard, is guilty of a misdemeanor punishable bya fine of not less than fifty dollars ($50.00) nor more than one hundreddollars ($100.00).
30-2-206. "Interested person" defined; filing of requestsprerequisite to notice and information.
Aperson is an interested person entitled to notice under this act of any actionof the inspector including any action regarding rules or regulations if hefiles with the inspector a request for notice containing his name, address andthe name of the person authorized to receive the notice. The request shall beconsidered filed five (5) days following the date the request is received inthe office of the inspector.
30-2-207. Access to mining operations, etc.; penalty for refusal ofaccess or obstruction; enforcement by injunction; misrepresentation of facts orinformation to inspector; obstruction of inspector or deputy.
(a) The inspector or his deputy has access to all miningoperations for the purpose of enforcement of this act and all rules andregulations adopted under it. Refusal of access to an authorized person afterrequest is a misdemeanor. Access may be granted by injunction by petition tothe court and order to show cause made returnable within ten (10) days or assoon thereafter as the matter may be heard by the court.
(b) Any person in charge of a mine who willfully misrepresentsfacts or information to the inspector regarding the mine, or who makes anymisrepresentation tending to show safety when the reverse is true, is guilty ofa misdemeanor.
(c) Any person who willfully obstructs the inspector or hisdeputy in the execution of his duties under this act is guilty of amisdemeanor.
30-2-208. Inspections; when held; duties of inspector or deputy;authority to clear unsafe mine or portion thereof.
(a) The inspector or his deputy shall inspect each operatingmine in the state:
(i) At least once every six (6) months;
(ii) If any danger to employees exists;
(iii) If requested by employees or their representatives.
(b) The inspection shall take place while the mine is inoperation, and the inspector or his deputy shall inspect:
(i) The surface plant;
(ii) Every working place in the mine;
(iii) All active haulageways, travelways, highwalls and airwaysin their entirety;
(iv) Entrances to abandoned workings;
(v) Accessible old workings;
(vi) Escapeways and other places where people work or travel, orwhere dangerous conditions may exist;
(vii) Electric equipment and installation;
(viii) First-aid equipment;
(ix) Ventilation facilities;
(x) Communication installations;
(xi) Roof and rib conditions;
(xii) Blasting practices.
(c) The inspector or his deputy shall:
(i) Measure the volume of air at the intake and return of themain ventilating current and of each split, and the amount passing through thelast open crosscut in each pair or set of entries, and designate where thesuperintendent or mine foreman shall measure the currents of air as required bythis act;
(ii) In mines operating more than one (1) shift in a twenty-four(24) hour period, devote sufficient time on the second and third shift todetermine conditions and practices related to the health and safety of the employees;
(iii) Make tests for gas and oxygen deficiency in each placewhich he is required to inspect in the mine;
(iv) Classify qualifying mines as gassy mines.
(d) If the inspector or his deputy finds imminent or seriousdanger to the life or health of the employees in a mine, he may clear the mineor any portion thereof of all persons and refuse further entry to any persons,except those necessary to remove the danger and those permitted to participatein investigations under this act, until he determines by actual inspection thatthe mine or portion thereof involved is in safe operating condition.
30-2-209. Inspections; reports; posting and distribution; interimreports.
(a) The person inspecting the mine shall make an accuratereport covering each inspection showing:
(i) The date of inspection;
(ii) The condition in which the mine is found;
(iii) The extent to which safety laws relating to mines areviolated;
(iv) The progress made in the improvement of the health andsafety of the employees;
(v) The number and cause of injuries and death resulting fromaccidents in and around the mine;
(vi) If any violations of the mine safety laws, rules orregulations are found, the specific section or sections violated, withrecommendations for correcting them, and the action taken to eliminate them.
(b) Within seven (7) days after the completion of theinspection, reports shall be posted and distributed as follows:
(i) Two (2) copies to the operator, superintendent or foreman;
(ii) One (1) copy to a designated representative of theemployees' organization, if any, of the mine inspected;
(iii) One (1) copy posted on a bulletin board at a prominentplace on the premises where it can be conveniently read by the employees and toremain posted until the report of the succeeding examination is posted;
(iv) One (1) copy to the inspector.
(c) If imminent or serious hazards are found, the person makingthe inspection shall immediately make an interim report in person or by electronicmeans.
30-2-210. Notice of violation; correction of condition constitutingviolation required; penalty upon failure to comply; continuing violations;authority to close operations; right of appeal.
(a) If the inspector or his deputy finds a violation of thisact or rules or regulations adopted under it relating to mine operating methodsand conditions, he shall notify in writing the person in charge of the miningoperation of the condition or method constituting the violation and theprovision being violated. The condition or method shall be corrected in five(5) days or other time prescribed by the inspector or his deputy as isreasonable in view of the nature of the condition or method. Allowing acorrection period does not prevent the condition or method constituting aviolation of this act or a rule or regulation adopted under it. Any personfailing to correct a condition or method in the period allowed is guilty of amisdemeanor. Each day during which the condition or method continues uncorrectedafter notice of correction has been given constitutes a separate violation.
(b) If the condition or method is not corrected within areasonable time, or if the condition or method constitutes a real, present andsubstantial danger to the lives or safety of persons, the inspector or hisdeputy may summarily order the cessation of all activity and close theoperation or part thereof as the inspector determines constitutes the danger.The order shall be in writing, specifying the nature of the condition, thebasis of the action ordered, the date, time and place of the closing of theoperation, and the person to whom the order was delivered. The operator mayobtain a review of the order by the inspector or by the district court for thecounty in which the principal part of the operation is located. Review shall beafforded at the earliest possible date within ten (10) days after the filing ofthe petition or as soon as the court is available. The matter shall be givenprecedence on the calendar of the court and the proceedings shall be bypetition and order to show cause, returnable within ten (10) days. If anyaction by the inspector or his deputy is found to have been withoutjustification and to have been taken without reasonable basis, the inspector orhis deputy shall be liable on his bond for damages resulting therefrom,including reasonable attorney's fees incurred by the operator in the action.
30-2-211. Accident investigation; rescue; reports; generally.
(a) The inspector or his deputy shall proceed immediately tothe scene of any mine accident causing loss of life or serious personal injury,any mine fire or any mine explosion, investigate, make recommendations, assistas he deems necessary for the present or future safety of the employees, make acomplete report and post and distribute the report under W.S. 30-2-209(b).
(b) The inspector or his deputy at the direction of theinspector in consultation with an authorized representative of the mine safetyand health administration shall take charge of any necessary mine rescue andrecovery work and supervise the reopening of mines that have been sealed orabandoned on account of fire or other cause.
30-2-212. Accident investigation; fatal accidents; procedure;coroner's inquest; notification of inquest.
(a) The inspector, or his deputy when authorized, shallinvestigate all fatal accidents occurring in connection with mining operations.In his investigation he may compel the attendance of witnesses and administeroaths as if he were a coroner.
(b) The inspector, or his deputy when authorized, may order thecoroner of the county in which the accident occurred to hold an inquest intothe accident. In choosing a jury for the inquest, the coroner shall empanel atleast one (1) experienced miner. It is unlawful for the coroner to release thebody of any person killed in a mining accident without notice from theinspector that an inquest is not necessary.
(c) No inquest shall be held into the death of any personkilled in connection with mining operations unless the inspector has been firstnotified that the inquest will take place and been given a chance toparticipate. In an inquest the inspector may call, examine and cross-examinewitnesses, and he may testify as he deems necessary to thoroughly inform theinquest of the causes of death.
30-2-213. Judicial review of decision of inspector; procedure; paymentof costs assessed against inspector; appeal.
(a) Any person aggrieved or adversely affected in fact by adecision of the inspector is entitled to judicial review of the decision in thedistrict court for the county in which the property affected is located, or ifno real property is involved, in which the person aggrieved or adverselyaffected in fact resides or has its principal place of business. The procedureto be followed before the district court shall be in accordance with rulesadopted by the Wyoming supreme court except any costs assessed against theinspector shall be paid by the county in which the affected property, if any, islocated or in which the person aggrieved or adversely affected in fact residesor has its principal place of business. The district court, in its discretion,may appoint three (3) practical, competent and disinterested persons, whoshall, under instructions of the court, forthwith examine the mine and makereport under oath of the facts as they exist or may have been, together withtheir opinion thereon. The report shall become absolute, unless exceptions arefiled within ten (10) days after notice of the filing of the report to theperson aggrieved or adversely affected in fact and the inspector. If exceptionsare filed, the court shall hear and determine the exceptions. The decisionshall be final and conclusive, subject only to appeal to the supreme court.
(b) Judicial review shall be in accordance with W.S.16-3-114(c). An interested party may obtain review of any final judgment of thedistrict court under this section by appeal to the supreme court. The appealshall be taken as in other civil cases.
ARTICLE 3 - STATE MINING COUNCIL
30-2-301. Board of mines renamed mining council; created; composition;qualifications, appointment and term of members; removal; officers; rules;quorum; vacancies; compensation.
(a) There is created a state board of mines which is renamedthe state mining council within the department of employment which shallconsist of eleven (11) members. Ten (10) members shall be appointed equallyfrom among the management and hourly employees of the mining industry,including surface and underground coal mining, and shall serve for a term offour (4) years and until their successors are appointed and qualified exceptfor the inspector who is a member of the council and entitled to vote in caseof a tie. Each member of the council, except the inspector, shall be aqualified elector of the state and shall have at least five (5) yearsexperience in the mining industry immediately preceding his appointment. Themembers shall be appointed by the governor by and with the advice and consentof the senate and from among the management and employees of the miningindustry. The tenure of the members of the council shall be so arranged thatthe terms of not more than five (5) of the members shall expire in any one (1)year period. The governor may remove any council member as provided in W.S.9-1-202. The council shall have among its appointed members:
(i) An underground coal or gassy mine management official;
(ii) A practical underground coal or gassy mine member; and
(iii) A mining engineer.
(b) The officers of the council are a president and avice-president, elected by the council from among its members, and a secretarywho need not be a member of the council. The council has the power and duty toformulate and adopt rules consistent with the provisions of law to govern itsown operation and functions. A majority of the combined council represents aquorum necessary to transact council business.
(c) Appointments, terms and the filling of vacancies shall bein accordance with W.S. 28-12-101 through 28-12-103.
(d) Members of the council shall receive compensation, per diemand travel expenses in the same manner and amount as the state legislaturewhile going to, attending or returning from council meetings or officialcommittee meetings. An official committee shall be any committee of two (2) ormore council members created by a majority vote of a quorum of the council.
30-2-302. State mining council to act in conjunction with inspector.
Thecouncil shall act in conjunction with the inspector to improve safety, health,training, examinations and certification of miners in mining operations andmines, in the production and the processing of minerals, and in allinstallations, equipment and operations constituting a part of miningoperations and mines.
30-2-303. Regular and special meetings of mining council; record ofproceedings.
Regularmeetings of the council shall be quarterly at a place within this statedetermined by the council. Special meetings may be called at any time by thegovernor, by the president of the council or by the inspector of mines andshall be called upon the request of any three (3) council members. Full andcomplete minutes and records of all council meetings, proceedings and actionsshall be kept and preserved.
30-2-304. Repealed by Laws 1993, ch. 88, 2.
30-2-305. Repealed by Laws 1993, ch. 88, 2.
30-2-306. State mining council; examinations for certificates; duty asto examinations generally; meetings; notice of meetings.
Thestate mining council shall examine applicants for certification as mine foremanand mine examiner, and shall issue certificates of competency to qualifiedapplicants who pass the examination. The council shall meet at least annuallyin May at Rock Springs to examine applicants for certificates and may meet atother times and places. The council shall decide the day and place of allmeetings. At least fifteen (15) days notice of the place and date of everymeeting of the council held for the purpose of examining applicants shall begiven by publication in a newspaper published in the area where the examinationis to be held, and by posting copies of the published notice at all mines inthe vicinity of said place. A meeting held pursuant to this section may beheld in conjunction with regular council meetings required by W.S. 30-2-303.
30-2-307. State mining council; nature of examination generally;grading; record to be kept; public inspection of record; fees for examinationand certificate; replacement.
(a) The state mining council shall ascertain the experience,knowledge and understanding of each applicant for the position for which hedesires a certificate. The council shall examine applicants for mine examinerand mine foreman both orally and in writing. To obtain a certificate theapplicant shall obtain a total weighted average grade of seventy-five percent(75%). A complete record shall be made of each examination, including allquestions and answers, both oral and written. The record shall be filed withthe inspector and maintained permanently as a public record.
(b) Each applicant shall pay an examination fee which shall beset annually by the council and shall be based upon anticipated testingexpenditures. The council upon satisfactory proof of loss or destruction of acertificate shall issue a duplicate upon receipt of five dollars ($5.00). Allfees collected by the council shall be deposited with the state treasurer andcredited to a separate account and shall be used for the administration of the mineforeman and mine examiner certification examinations.
30-2-308. Mine foremen; when required; duties; mines to be supervisedby certified personnel.
Eachunderground mine with one (1) or more persons present underground shall besupervised by a certified mine foreman who shall ensure compliance with mininglaws regarding his duties and the health and safety of mine employees. Acertified mine foreman shall remain underground when persons are presentunderground unless authorized by a variance issued by the council. The mineforeman shall not permit any person to work in an unsafe place unless it be forthe purpose of making it safe. Work for the purpose of making a place safeshall be under the direct supervision of a certified mine foreman. The mineforeman shall provide data and information regarding the operation of the minerequired by the inspector.
30-2-309. Mine foreman and mine examiner certificates; qualifications;certificate required; reciprocity; council duties.
(a) No person shall act as mine foreman or safety engineer atany underground mine unless he holds a mine foreman certificate for the type ofmineral being mined. To obtain a mine foreman certificate for a particularmineral an applicant shall pass the required examination for the particularmineral. An applicant for the mine foreman examination shall:
(i) Be at least twenty-three (23) years of age;
(ii) Except as otherwise provided, provide verifiabledocumentation that he has at least three (3) years practical experience in themining of the mineral in which he desires to hold a mine foreman certificate.Practical experience shall be determined from practical work of a"hands-on" nature, directly related to the hazards involved in thetype of mine for which the certificate is sought. Underground coal mineexperience shall qualify for gassy metal or nonmetal mine experience. Thecouncil may grant one (1) year's experience credit for not less than five (5)years' experience in an underground gassy metal or nonmetal mine for undergroundcoal mine experience. Surface mine experience in a different mineral may beconsidered by the council when qualifying an applicant to take the examinationfor surface foreman certification. The council may grant one (1) yearexperience credit for not less than ten (10) years experience in another typeof mine or in an industry similar in nature to mining;
(iii) Complete and timely file an examination application;
(iv) When the applicant seeks to receive practical experiencecredit for holding a mining engineering degree, provide verifiabledocumentation of the degree; and
(v) Hold a valid mine examiner's certificate.
(b) No person shall act as a mine examiner in any undergroundmine unless he holds a mine examiner certificate for the type of mineral beingmined. To obtain a mine examiner certificate for a particular mineral anapplicant shall pass the required examination for the particular mineral. Anapplicant for the mine examiner examination shall:
(i) Provide verifiable documentation that he has at least two(2) years practical experience in the type of mineral mined in which he desiresto hold a mine examiner certificate. Practical experience shall be determinedfrom practical work of a "hands-on" nature, directly related to thehazards involved in the type of mine for which the certificate is sought.Underground coal mine experience shall qualify for gassy metal or nonmetal mineexperience. Gassy metal or nonmetal mine experience shall not qualify forunderground coal mine experience;
(ii) Complete and timely file an examination application;
(iii) Be at least twenty-three (23) years of age; and
(iv) When the applicant seeks to receive practical experiencecredit for holding an engineering degree, provide verifiable documentation ofthe degree.
(c) A mining engineering degree from an accredited college oruniversity shall be considered the equivalent of one (1) year practicalexperience for mine foreman certificate and one (1) year for mine examinercertificate. An approved degree from an accredited college or university whichdegree is related to mining may be considered the equivalent of one (1) yearpractical experience for mine foreman certificate and one (1) year for mineexaminer certificate. In no case shall practical experience credit for adegree, mining experience credit or a combination thereof exceed one (1) yearfor a mine foreman certificate or one (1) year for a mine examinercertificate. For purposes of this section a degree shall be limited to a baccalaureate,master's or doctorate degree.
(d) Any person holding a certificate of competency from aproper examining board of any state with which Wyoming has a reciprocalagreement may perform the duties in Wyoming for which his certificate certifiesthat he is competent, without examination by the state mining council. Beforeassuming any duties in a mine, the person shall present his certificate to thecouncil through the inspector and secure approval of the certificate by thecouncil. The person is subject to examination by the council at the request ofthe inspector. The person's authority to act in Wyoming as mine foreman, mineexaminer or safety engineer may be cancelled in the same manner as certificatesissued by the council. No person shall employ any mine foreman, mine examineror safety engineer in an underground mine who does not possess the certificateof competency required.
(e) The state mining council shall include in its rules forimplementation of this article, the following:
(i) Procedures for review and approval of a study manualprepared by industry to provide guidance to those taking the examinations;
(ii) Procedures for preparing the examinations by the council ora committee of council members appointed for this purpose, provided that finalapproval of the examination shall be made by the council;
(iii) Procedures for grading examinations;
(iv) Procedures for reviewing the examination results by anapplicant with a designated committee of the council and provisions for appealby an applicant of any adverse decision of the council;
(v) Each examination shall include questions to ascertain theapplicant's general knowledge of mining practices in the type of mine andmineral involved, including but not limited to ventilation, health and safety,rescue and recovery work involved following mine disasters, detection andcontrol of gasses, fire and explosion prevention and control, use of blastingprocedures, electricity and mine equipment and knowledge of the applicable statemining laws. The examination shall also properly identify the importance ofany single question which if not answered correctly would cause failure of theentire examination;
(vi) Criteria for granting experience credit for purposes ofthis section.
(f) Repealed By Laws 2003, Ch. 5, 2.
30-2-310. Temporary permit; when permitted; expiration; subsequentexamination required.
(a) The inspector, upon consent of the state mining council,may issue to an applicant a temporary permit to operate as a mine foreman ormine examiner without a certificate if the applicant meets the requirements ofW.S. 30-2-309 other than the examination requirement. The temporary permitshall expire on the date of the next examination given by the council afterissuance of the temporary permit. A person issued a temporary permit underthis section for a particular type of mineral shall not be issued an additionaltemporary permit for the same type of mineral if he failed:
(i) The certification examination for that type of mineral; or
(ii) To take the certification examination for that type ofmineral.
30-2-311. Revocation of certificate after notice and hearing;suspension; reexamination; revocation of certificate of inspector or deputy;filing of certificate.
(a) Any certificate issued by the council or temporary permitissued by the inspector may be suspended or revoked by the council forviolation of this act or rules and regulations promulgated under this act,intoxication while in duty status, mental disabilities or neglect of duty. Except as otherwise provided, the council may revoke or suspend a certificateor temporary permit only after a hearing in accordance with the WyomingAdministrative Procedure Act. The council may suspend any certificate or temporarypermit pending further investigation and hearing, for actions that pose aserious threat to the health and safety of miners. The council shall establishby rule a time limit after the alleged date of an incident as provided in thissubsection within which a complaint shall be filed. All complaints shall beverified and filed in accordance with the rules and regulations promulgated bythe council. The council or designated members of the council may, afterreviewing the complaint and conducting any investigation deemed necessary,determine that the grounds alleged do not warrant suspension or revocation anddismiss the complaint without hearing. No person whose certificate has beenrevoked under this section for less than ninety (90) days shall be examined bythe council. No person whose certificate has been revoked under this sectionshall be reissued a certificate unless the council finds the incapacity, ifany, on which the revocation was based has ceased to exist.
(b) When the council revokes the mine foreman certificate ofthe inspector or a deputy inspector, the governor shall forthwith remove suchperson from office.
(c) The holder of a mine foreman or mine examiner certificateshall present it to the official of the mine where he is employed, who shallfile it in the mine office. The certificate shall be made available forinspection by interested persons.
30-2-312. Optional certifications of surface mine foremen and mineexaminers; surface mine operators not required to employ.
(a) The state mining council may certify a mine foreman, safetyengineer or mine examiner desiring to work in a surface mine upon request by anapplicant for the certificate. Certificates shall be issued under W.S. 30-2-307and 30-2-309(a) through (d). Applicants and certificate holders are subject toW.S. 30-2-310 and 30-2-311.
(b) No owner or operator of a surface mine is required toemploy a certified mine foreman, safety engineer or mine examiner.
ARTICLE 4 - DUTIES OF OPERATORS
30-2-401. Safety rules; posting; responsibility for observance.
Allowners, operators and mine site contractors shall post in a conspicuous placeand make available to all employees the rules and duties of safety governingtheir employment. Employees are responsible for the observance of all the rulesand safety practices in all phases of their work.
30-2-402. Annual report to inspector; contents.
The owner, operator or mine site contractorof any mining operation shall report annually to the inspector before January31 of each year. The report shall contain the names of the owners, operatorsand mine site contractors, the post office address, the name of the claim to beoperated, the number of persons employed, classified as to occupation, the nameof the county mining district, and the tonnage produced during the previouscalendar year, upon forms furnished by the inspector.
30-2-403. Record of accidents to be kept; inspection of record;reports filed with inspector; report of serious accidents.
(a) The owner, operator or mine site contractor shall keep arecord of all accidents occurring in connection with mining operations. Therecord shall be open to the inspector or his deputies at all times.
(b) In all compensable injuries, the owner, operator or minesite contractor shall send to the inspector a copy of the report of injury formfiled in worker's compensation cases.
(c) A mine owner, operator or mine site contractor shallimmediately notify the inspector's office in person or by conversing with anindividual of that office by telephone of any of the following occurrences:
(i) An accident that has caused a fatality or serious injury;
(ii) Any explosion of gas or dust underground;
(iii) Any fire occurring underground or in any structureimmediately adjacent to or attached to any mine opening;
(iv) A cave-in or roof or rib fall which:
(A) Impairs ventilation;
(B) Impedes passage to and from work; or
(C) Has the potential to cause a serious injury.
(v) Damage to hoisting equipment, shafts or slopes which causedelay of normal operations.
30-2-404. Notification of change in ownership, etc., of miningproperty.
Theinspector shall be informed promptly of any change in the name, ownership oroperator of any operating mining property.
30-2-405. Notice as to commencement of operations.
(a) Repealed By Laws 2005, ch. 106, 2.
(b) The owner or operator of a mine shall notify the inspectorwhenever a new mine is opened, or whenever an existing mine is either closed orreopened. The notice shall be given immediately before the happening of theevent, and shall specify the date upon which the event will occur.
30-2-406. Barrier pillars required; penalty for failure to leave.
(a) The operator of every mine which has another coal ormineral property contiguous or immediately adjacent to it shall leave barrierpillars at least fifty (50) feet in width along the boundary line of thecontiguous coal or mineral property. Owners of adjacent properties are notprohibited from extracting the coal or mineral along the boundary line if theyenter into a written agreement providing the pillars may be pulled.
(b) Any person violating subsection (a) of this section isguilty of a misdemeanor punishable by a fine of not less than five hundreddollars ($500.00) nor more than one thousand dollars ($1,000.00), or byimprisonment of not more than six (6) months, or both.
30-2-407. Abandonment or closing down of mine; procedures to befollowed.
(a) No owner or operator shall abandon or indefinitely closedown any underground mine until the inspector performs a final inspection.
(b) Upon abandonment or closing down of an underground mine,the owner or operator shall effectively close or fence off all surface openingsthrough which persons or animals could fall or enter.
(c) Upon abandonment or closing down of a strip or open-pitmine, mining or prospecting pit or excavation, appropriate action shall betaken where necessary to safeguard against injury to persons or animals.
(d) Within thirty (30) days after abandonment or closing downof any underground mine, the owner or operator shall file with the inspector amap showing all pertinent data as of the date of closing or abandonment in theform prescribed by the inspector. The map and all data shown thereon shall beconfidential and not open for public inspection until (2) consecutive yearshave elapsed without resumption of mining activity, unless release has beenauthorized in writing by the owner or unless release is necessary for safetyreasons shown by an adjoining operator or other person.
30-2-408. Maps of mines to be made; contents; semiannual revision;maintenance and filing.
(a) The owner or operator of each mine shall make an accuratemap or plan of the mine and mine workings on a scale not exceeding two hundred(200) feet to the inch or as otherwise approved by the inspector. The map orplan shall:
(i) Exhibit all openings or excavations, shafts, tunnels,slopes, planes, gangways, entries, cross headings, rooms and installationsrelated to safety;
(ii) Show the direction of air currents in the mine;
(iii) Accurately delineate the boundary line between the mine andadjoining mines;
(iv) Be prepared with reference to and show the boundaries ofthe legal subdivision in which the mine is located;
(v) Be accurately brought up to date every six (6) months.
(b) The owner or operator shall:
(i) Maintain a copy of each map or plan for use at the mine bythe inspector, his deputy or any miner employed at the mine;
(ii) File a copy of each map or plan with the inspector;
(iii) Maintain a copy of the current map or plan on bulletinboards near mine entrances and at all principal working stations.
30-2-409. Survey and platting of underground workings by countysurveyor; fees; notice to mine owner; hindering surveyor prohibited; penalty.
(a) The county surveyor shall, upon the written request of anadjoining landowner, enter and make a complete, true and accurate survey andplat of the underground workings of any mine in the county to ascertain thelocation of the workings with respect to the boundary line of the property ofthe adjoining landowner. The county surveyor shall make an official plat andreport of the survey to the adjoining landowner. The county surveyor shallreceive from the adjoining landowner the same fees allowed by law for countysurveying. If the county surveyor is interested in either of the adjoiningproperties or is not qualified to make the survey, he shall call a competentengineer who is not interested in the properties to make the survey and plat.The county surveyor may take any necessary action to aid him in making thesurvey and plat. The county surveyor shall give the mine owner or operator ten(10) days written notice of the date the survey will begin.
(b) The owner, operator or any person in charge of any mineshall not hinder, delay or prevent the county surveyor, or engineer substitutedfor him from entering the mine, from making the survey and plat, or fromperforming his duties under subsection (a) of this section. Any personviolating this subsection is guilty of a misdemeanor punishable by a fine ofnot more than one thousand dollars ($1,000.00), or by imprisonment for not morethan six (6) months, or both.
ARTICLE 5 - SHOT-FIRERS