HB2788ham001 101ST GENERAL ASSEMBLY

Rep. Jerry Costello, II

Filed: 3/26/2019

10100HB2788ham001 LRB101 09543 RAB 58445 a

AMENDMENT TO HOUSE BILL 2788

AMENDMENT NO. ______. Amend House Bill 2788 by replacing everything after the enacting clause with the following:

"Section 5. The Coal Mining Act is amended by changing Sections 4.01, 4.07, 4.17, 4.20, 4.30, 4.34, 4.36, 5.01, 5.03, 5.04, 5.09, 5.11, 5.13, 5.14, 5.15, 5.16, 5.17, 5.18, 5.20, 5.21, 5.22, 5.23, 5.26, 6.01, 6.04, 6.05, 6.06, 6.07, 6.08, 6.09, 6.10, 6.11, 6.12, 6.14, 7.02, 7.04, 7.05, 7.12, 7.14, 7.17, 8.09, 8.11, 8.19, 8.21, 9.02, 10.04, 11.05, 13.04, 16.10, 20.22, 22.12, 22.16, 25.04, 32.03, 35.02, and 39.1 as follows:

(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 the applicant is he is a citizen of this State, at least thirty years of age; that the applicant 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 the applicant is a person he is a man of good repute and temperate habits; and that the applicant he has a first class mine manager's certificate. The applicant He shall pass an examination as to his or her 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. 89-445, eff. 2-7-96.)

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

Sec. 4.07. Every State Mine Inspector in his or her regular examination of mines shall measure with an anemometer the amount of air passing in the last crosscut in each pair of entries. A State Mine Inspector 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. A State Mine Inspector He shall measure with an anemometer the amount of air passing at the inlet and outlet of the mines. A State Mine Inspector 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. A State Mine Inspector He must verify that the legal code of signals between the engineer and the top person man and the bottom person man has been established and is conspicuously posted for the information of all employees.

(Source: Laws 1955, p. 2012.)

(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 the State Mine Inspector's his acts during the year in the discharge of the State Mine Inspector's his duties, with any recommendations as to legislation the State Mine Inspector he may deem necessary on the subject of mining. Each State Mine Inspector He shall collect and tabulate, upon blanks furnished by the Mining Board, all desired statistics of mines and miners within the State Mine Inspector's his district, to accompany his or her annual report.

(Source: Laws 1953, p. 701.)

(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 the mine operator's his agent; from any coal sales company, or their agents or representatives; or from any miner, local union or union official. In the event a State Mine Inspector he does so solicit or accept any such contribution or gratuity from any person, he or she 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 705/4.30) (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, that State Mine Inspector he shall file a sworn complaint before the circuit court, stating the facts within the State Mine Inspector's 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 705/4.34) (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, the State Mine Inspector's his certificate of qualification or of competency, as the case may be, shall be thereby invalidated and that State Mine Inspector 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 705/4.36) (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 the State Mine Inspector he is there to make an inspection. The miners' representative may elect to accompany the State Mine Inspector during the his inspection and shall suffer no loss of pay. Following each inspection, the State Mine Inspector shall meet with the management of the mine and the representative of the miners to discuss his or her findings, recommendations and general safety conditions of the mine. The State Mine Inspector's 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 State Mine Inspectors travel together, only one representative of the miners who accompanies the State Mine Inspectors shall suffer no loss of pay.

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

(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 the applicant he is a citizen of the United States, at least 23 years of age; that the applicant 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 the applicant 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 the applicant is a person he is a man of good repute and temperate habits. The applicant He shall also pass such examination as to the applicant's his experience in mines and in the management of people men; the applicant's 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. 79-876.)

(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 or her service as mine manager at his or her 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, the operator he may place any trustworthy and experienced person man of the mine inspection district in charge of his or her 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 the mine manager's 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 or herself against said charges, and the mine manager 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 705/5.09) (from Ch. 96 1/2, par. 509)

Sec. 5.09. In all mines:

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

2. On non-coal-producing non-coal producing shifts, if the mine has a minimum of 120 psi seals, the mine manager 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, the mine manager 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, the mine manager 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, the mine manager he shall have the mine examined in its entirety the same as for a coal-producing 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. The mine manager He shall see that no person, other than competent personnel, enters any underground area in a mine, except during a coal-producing shift, unless an examination of such area has been made by a mine examiner within 12 hours immediately preceding the mine manager's his entrance into such area.

4. If the mine has constructed a minimum of 120 psi seals, the mine manager 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, the mine manager 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, the mine manager 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. The mine manager He shall have a certified mine examiner conduct weekly examinations of escape ways required by Sections 19.11 and 19.13.

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

(225 ILCS 705/5.11) (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 the mine examiner he enters his or her 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 705/5.13) (from Ch. 96 1/2, par. 513)

Sec. 5.13. The mine manager 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. The mine manager He shall see that cross-cuts are made at proper distances apart; that necessary doors, curtains, and brattices are provided to furnish the people men in the mine the volume of air required by this Act or by the written demand of the State Mine Inspector 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. The mine manager He shall take daily barometer readings and record the readings when people 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, the mine manager 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. The mine manager 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. The mine manager He or his or her 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 people 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. The mine manager 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 people men are lowered.

(Source: Laws 1953, p. 701.)

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

Sec. 5.20. The mine manager or He or his or her assistant shall be at his or her post at the mine when the people men are lowered into the mine in the morning for work, and shall remain at night until all the people 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. The mine manager 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 people men are in the mine, with compressed air, or by some mechanical or chemical-mechanical device which does not emit spark or flame, mine manager 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. The mine manager 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 people men in the mines are jeopardized.

(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 person man, competent persons may be designated and appointed as assistants to the mine manager, who shall exercise the mine manager's his functions under the mine manager's instructions.

(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 the applicant he is a citizen of the United States, at least 21 years of age and of good repute and temperate habits and that the applicant 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. The applicant He shall pass an examination as to the applicant's his experience in mines generating dangerous gases, the applicant's 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. The applicant He shall also submit to the Mining Board satisfactory evidence that the applicant 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. 99-538, eff. 1-1-17.)

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

2. On non-coal-producing non-coal producing shifts, if the mine has a constructed minimum of 120 psi seals, the mine examiner 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, the mine examiner he shall examine the mine in its entirety the same as for a coal-producing coal producing shift, except where people 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, coal-producing the mine examiner he shall examine the mine in its entirety the same as for a coal-producing 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, the mine examiner 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, the mine examiner 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, the mine examiner he shall examine each seal along return and bleeder air courses and at each seal along intake air courses where intake air passing by the seal not used to ventilate a working section before the workers of any shift may enter the underground areas of such mine.

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

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

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

Sec. 6.05. When in the performance of his or her duties, the mine examiner he shall carry with him or her 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. The mine examiner 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 the mine examiner 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. The mine examiner He shall inspect all places where people 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 people 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 the mine examiner's his examination of said doors, rooms, and roadways as provided for in this Article, the mine examiner 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 or her initials and the date of the 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, the mine examiner he shall place, in all entrance ways to said working places where dangerous conditions exist, conspicuous marks or signs to "keep out". If the mine examiner finds 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, the mine examiner he shall record such condition, and the place, in his or her 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 or her examination, the mine examiner 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 or her 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 the mine examiner's his signature, certificate number, and date by or at the end of his or her shift. If the mine examiner finds an omission or error in the report, the report shall be corrected and the mine examiner 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, the mine inspector 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 a 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, the mine examiner he may employ any trustworthy and experienced person 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 705/6.14) (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 the mine examiner's 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 or herself against said charges, and the mine examiner 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 705/7.02) (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 the applicant he is a citizen of the United States, at least 21 years of age, that the applicant 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. The applicant He shall pass an examination as to the applicant's 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 the applicant's his knowledge of the laws of this State in relation to signals and the hoisting and lowering of people men at mines.

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

(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 people 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 the applicant he is a citizen of the United States, that the applicant 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 the applicant he is a man of good repute and personal habits, and that the applicant he has, in their judgment, has a knowledge of and experience in handling boilers and engines as required in this Section 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: Laws 1957, p. 2413.)

(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 the hoisting engineer's 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 or herself against said charges, and the hoisting engineer 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 705/7.12) (from Ch. 96 1/2, par. 712)

Sec. 7.12. At every mine where people men are hoisted and lowered by machinery there shall be provided means of signaling to and from the bottom people man, the top person, 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 705/7.14) (from Ch. 96 1/2, par. 714)

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

1. Be in constant attendance at his or her 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 or her engine is in operation, or while his or her attention is occupied with the signals.

3. Thoroughly understand the established code of signals, and, when the hoisting engineer he has the signal that people men are on the cage, the hoisting engineer he shall not operate his or her 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 or her charge; nor permit anyone who is not a certified engineer to operate his or her engine, except for the purpose of teaching an apprentice to operate the engine, and then only in the hoisting engineer's his presence and when people men are not on the cage.

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

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

Sec. 7.17. At every shaft where people men are hoisted or lowered by machinery, the operator shall station a competent person 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 person man and bottom person 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 705/8.09) (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 Miners' Examining Board of having had not less than one 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 the person 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 Miners' Examining 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 coal producing section and also to learn the fundamentals of ventilation, roof control, testing of rib and roof, and testing for gas, and that the person 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. 85-1333.)

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

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

(Source: Laws 1955, p. 2012.)

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

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

(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 the applicant he is employed a copy of the applicant's 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 705/9.02) (from Ch. 96 1/2, par. 902)

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

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

(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 the State Mine Inspector's his supervision. The State Mine Inspector He shall make a record of the circumstances attending the accident, as developed at the coroner's inquest and by the State Mine Inspector's 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 the his investigation the State Mine Inspector 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 705/11.05) (from Ch. 96 1/2, par. 1105)

Sec. 11.05. Whenever the superintendent of any station shall be notified by any responsible person that an explosion or accident requiring the superintendent's his services has occurred at any mine in the State, the superintendent 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 the superintendent 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 workers men in the mine may be alive.

(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 or her working place before commencing work, and if the miner he finds loose rock or other dangerous conditions, he or she shall not work in such dangerous place except to make such dangerous conditions safe.

(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 the workers 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 worker man shall be given a cage at once.

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

(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 the his judgment of the driller and shooter or shot firer, after due inspection, is not a workmanlike, proper, and practical shot.

(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 people 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 705/22.16) (from Ch. 96 1/2, par. 2216)

Sec. 22.16. Where belts are used for transporting people men, a minimum clearance of 18 inches shall be maintained.

(Source: Laws 1953, p. 701.)

(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 the mine manager 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 705/32.03) (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 the check weighman 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, and, before entering upon his or her duties, shall make and subscribe to an oath before some person duly authorized to administer oaths, that the check weighman he will faithfully discharge his or her duties as check weighman, and such oath shall be kept conspicuously posted at the place of weighing.

(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 or her district, and if the State Mine Inspector he finds that any corporation, company, firm, or individual is violating the provisions of this Article, he or she 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 705/39.1) (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 or she has reasonable grounds to believe to be immediately dangerous to himself or herself 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.)".