(225 ILCS 710/10) (from Ch. 96 1/2, par. 4217)
Sec. 10.
Dangerous conditions; notice; remedial action.
Whenever the
inspector finds any mine or part of any mine in an
unsafe condition by reason of any violation of any of the rules or
provisions of this Act, or in a condition dangerous or detrimental to the
life or health of those employed therein for the same reason or by reason
of defects in timbering or other means of support, in mining, in
ventilation, or in sanitation, it is the duty of the inspector at once to
serve or cause to be served a notice in writing on the operator or
superintendent of the mine or on the person designated by the operator for
service in accordance with Section 7.01 of this Act, and the notice shall
set forth in detail the nature and extent of the defects that render the
mine or part of the mine unsafe, dangerous, or detrimental to the life or
health of those employed therein, together with the point or place in the
mine or in the workings of the mine where the defects exist, and the notice
shall require the necessary changes to be made in the mine or part of the
mine without delay and within a specified time, in the discretion of the
inspector, as will make the same conform to the provisions of this Act. The
inspector shall post a copy of the notice on the property of the mine, on a
display board in the change house or in a place where it will be open and
visible to all the employees of the mine.
If it appears from a re-examination of the mine by the inspector that
the necessary changes have not been made within the time specified in the
notice, and that the mine or part of the mine is still in a condition
dangerous to life or health, and in the opinion of the inspector it is
necessary for the safety of the life or health of the employees in the mine
or part of the mine that the same be vacated, the inspector is empowered to
order work stopped in any part of the mine, or in the entire mine, and to
order the immediate withdrawal of any and all employees from the danger
area. The inspector shall then immediately notify the Director of the
Office of Mines and Minerals of the situation and the
inspector may
institute an action for an injunction in the circuit court, in the
name of the People of the State of Illinois, on the relation of
the inspector, to restrain the operation and working of the mine or part
of the mine, and the entrance of employees therein for purposes other than
to remedy the defects complained of until the provisions of this Act are
complied with, and the mine or part thereof is made safe for the employees
therein; and the plaintiff in the action, without bond, and upon ex parte
affidavits made by the inspector showing in detail the nature and extent of the
defects that in the affiant's opinion, render the mine or part of the mine
unsafe or detrimental to the life or health of those employed therein, and
stating that the mine, or part of the mine, is, in the opinion of the affiant,
in a condition dangerous to the life or health, may, pending the trial of the
action, procure a temporary restraining order or preliminary injunction from
any circuit court if in the opinion of the court, the facts warrant the
granting of such injunctive relief, enjoining the operation and working of the
mine, or part of the mine, and the entrance of employees therein, except for
the purpose of remedying the defects complained of, until the further order of
the court.
However, the defendants in the actions have the same opportunity to be
heard upon motion to vacate or dissolve such temporary restraining
order or preliminary injunctions as defendants have in any actions brought
in this State in which such injunctive relief may be granted.
(Source: P.A. 89-445, eff. 2-7-96.)
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