No. 29733 (Repeal and Reenact): R616-1. Coal Mine Rules

DAR File No.: 29733
Filed: 03/26/2007, 03:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for repealing and reenacting this rule is to remove antiquated provisions and to reorganize and update standards for certifying the qualifications of individuals working as underground mine foreman, surface mine foreman, fire boss, underground electrician, or surface electrician in coal mines, gilsonite mines, or other hydrocarbon mines in Utah, as required by Section 40-2-1.1 et seq.

Summary of the rule or change:

The substantive differences between the repealed rule and the reenacted rule can be summarized as follows: the reenacted rule omits the obsolete references to safety inspections that are contained in the repealed rule. The safety inspections in question are no longer authorized by state statute and are now conducted by the federal Mine Safety and Health Administration. The reenacted rule also omits unnecessary provisions from the repealed rule that duplicate statutory provisions of the Utah Administrative Procedures Act. The reenacted rule also clarifies rules governing the certification of individuals working in key safety-related positions in coal mines, gilsonite and other hydrocarbon mines.

State statutory or constitutional authorization for this rule:

Section 40-2-1

This rule or change incorporates by reference the following material:

30 CFR 1 through 199, Federal Underground Coal Mine Safety Standards, 11th ed., July 1, 1996

Anticipated cost or savings to:

the state budget:

None--The Labor Commission has previously required applicants to pay a fee to cover the cost of administering the testing and certification process; this fee has been subject to legislative approval. This rule makes no change to this existing process and will not increase or decrease the amount of fees received by the Commission.

local governments:

None--Local governments are not subject to or otherwise affected by this rule.

other persons:

None--The Labor Commission has previously required applicants to pay a fee to cover the cost of administering the testing and certification process; this fee has been subject to legislative approval. This rule makes no change to this existing process and will not increase or decrease the amount of fees paid by other persons.

Compliance costs for affected persons:

This rule continues the requirement that each applicant pay a fee to take the certification exam. The fee is currently set at $50 for the initial exam and an additional fee of $20 per section, not to exceed a total of $50, is charged for repeat examinations. The total amount paid by all such applicants has been approximately $21,000 per year.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Commission's coal miner certification program is necessary to provide qualified staff for key mine safety positions. The program is required by the federal Mine Safety and Health Administration. By providing guidance for the Commission's certification program, this rule supports the coal mining industry and has an intangible but generally favorable fiscal impact on businesses engaged in coal mining. Sherrie Hayashi, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Safety
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Pete Hackford at the above address, by phone at 801-530-7605, by FAX at 801-530-6390, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2007

This rule may become effective on:

05/23/2007

Authorized by:

Sherrie Hayashi, Commissioner

RULE TEXT

R616. Labor Commission, Boiler and Elevator Safety.

R616-1. Coal, Gilsonite, or other Hydrocarbon Mining Certification[Coal Mine Rules].

[R616-1-1. Authority.

This rule is established pursuant to Section 34A-1-104 and 40-2-1.1 for the purpose of the Labor Commission ascertaining, adopting, and enforcing reasonable standards and rules for the protection of life, health, and safety of all persons with respect to all coal prospects, mines, tunnels, banks, open cut workings, and coal strip mines in the State of Utah, regardless of the number of employees, lessors, owners, partners or sublessors.

 

R616-1-2. Definitions.

A. "Commission" means the Labor Commission created in Section 34A-1-103.

B. "Division" means the Division of Boiler and Elevator Safety of the Labor Commission.

C. "Certification" means a person being judged competent and proficient in and receiving certification papers for a coal mining position by meeting prescribed standards established by the Division and the examining panel pursuant to the requirements in Sections 40-2-14 through 16.

 

R616-1-3. Variances to Rules.

A. In a case where the Labor Commission finds that the enforcement of any rule would not materially increase the safety of employees and would work undue hardships on the operator, the Labor Commission may allow the mine a variance. Variances must be in writing to be effective, and can be revoked after reasonable notice is given in writing.

B. No errors or omissions in these rules shall be construed as permitting any unsafe or unsanitary condition to exist.

 

R616-1-4. Inspection of Mines.

A. It shall be the responsibility of the State Mine Inspectors of the Division to make inspections of coal mines operated within their districts when deemed necessary or appropriate. Inspectors shall examine conditions as regards the safety of the workforce, machinery, ventilation, drainage, methods of lighting, and into all other matters connected with the safety of persons in each mine, and when necessary give directions providing for the better health and safety of persons employed in or about the same. The owner or operator is required to freely permit entry, inspection, examination and inquiry, and to furnish a guide when necessary. The owner or operator shall be notified of the condition of the mine by a written report.

B. If the Division finds a Mine, or section thereof, or equipment therein, is not being operated in accordance with R616-1, the person in charge shall be notified and directed to make such improvements or changes as are necessary to comply, per Section 34A-2-301. If the improvements or changes are not made within the time established by the Division and fitting the conditions found, it shall be unlawful to operate the mine, or section thereof, or equipment therein, until the required changes are completed.

C. If, in the judgment of a State Mine Inspector, the lives or safety of employees are, or will be endangered if they remain in a mine or section thereof, he shall direct that they be immediately withdrawn from the danger area.

 

R616-1-5. Fees.

Fees to be charged as required by Section 40-2-15 shall be adopted by the Labor Commission and approved by the legislature pursuant to Section 63-38-3(2).

 

R616-1-6. Yearly Report.

A. Coal mine operators shall forward to the Division at its office, not later than the 15th day of February, a detailed report on a form furnished by the Division, showing the character of the mine, tonnage of product during the previous year ended December 31, the average number of employees therein employed during the year including lessees, and number of days the mine was worked, and such other information as the Division and Commission may require. All such reports shall become part of the records of the office of the Commission.

B. In the event that any mine is operated by two or more operators in any year, each operator must furnish the succeeding operator a report of his operations, which must be included with that of the party operating the mine at the end of the year so that a complete record of the mine's operations may be submitted to the Division.

 

R616-1-7. Code of Federal Regulations.

A. The provisions of 30 CFR part 1 through 199, 1997, are incorporated by reference.

B. Enforcement by the Division shall be pursuant to Section 40-2-1.5.

 

R616-1-8. Initial Agency Action.

Issuance or denial of a certification of competency and orders or directives to make changes or improvements shall be issued by the mine inspector or examining panel referred to in Section 40-2-14 and are informal adjudicative actions commenced by the agency per Section 63-46b-3.

 

R616-1-9. Presiding Officer.

The mine inspector or the examining are the presiding officers referred to in Section 63-46b-3. If an informal hearing is requested pursuant to R616-1-10, the Commission shall appoint the presiding officer for that hearing.

 

R616-1-10. Request for Informal Hearing.

Within 30 days of issuance, any aggrieved person may request an informal hearing regarding the reasonableness of a certificate issuance or denial or an order to make changes or improvements. The request for hearing shall contain all information required by Sections 63-46b-3(a) and 63-46b-3(3).

 

R616-1-11. Classification of Proceeding for Purpose of Utah Administrative Procedures Act.

Any hearing held pursuant to R616-1-10 shall be informal and pursuant to the procedural requirements of Section 63-46b-5 and any agency review of the order issued after the hearing shall be per Section 63-46b-13. An informal hearing maybe converted to a formal hearing pursuant to Section 63-46b-4(3).]

R616-1-1. Authority and Purpose.

This rule is established pursuant to Section 40-2-1.1 and Section 40-2-14, which authorize the Labor Commission to enact rules governing the certification of individuals to work in the positions of underground mine foreman, surface mine foreman, fire boss, underground electrician or surface electrician in coal mines, gilsonite mines or other hydrocarbon mines in Utah.

 

R616-1-2. Definitions.

A. "Commission" means the Labor Commission created in Section 34A-1-103.

B. "Division" means the Division of Boiler and Elevator Safety of the Labor Commission.

C. "Certification" means a person being judged competent and qualified by the Division for a mining position identified in Section 40-2-15 by meeting standards established by the Division and the examining panel pursuant to the requirements in Sections 40-2-14 through 16.

 

R616-1-3. Fees.

As required by Section 40-2-15, the Labor Commission shall establish and collect fees for certification sufficient to fund the Commission's miner certification process. The Commission's fees schedule shall be submitted to the Legislature for approval pursuant to Section 63-38-3(2).

 

R616-1-4. Code of Federal Regulations.

The provisions of 30 CFR, sections 1 through 199, "Federal Underground Coal Mine Safety Standards," 11th ed., July 1, 1996, are hereby incorporated by reference.

 

R616-1-5. Initial Agency Action.

Division action either granting or denying an applicant's application for certification are classified as informal adjudicative actions pursuant to Section 63-46b-4 of the Utah Administrative Procedures Act and shall be adjudicated accordingly.

 

KEY: certification, labor, mining

Date of Enactment or Last Substantive Amendment: [September 3, 1997]2007

Notice of Continuation: May 28, 2003

Authorizing, and Implemented or Interpreted Law: 34A-1-104; 40-2-1 et seq.