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Ohio Laws and Rules
All mines under the jurisdiction of the division of mines and reclamation (DMR) shall report accidents, occupational injuries and illnesses in accordance with the following:
(A) Operators of mines required to comply with 30 CFR part 50 mine safety and health administration (MSHA) shall provide immediate notification to the appropriate division of mines and reclamation district office concurrent with the required notification to MSHA. If the appropriate DMR district office cannot be contacted then notice shall be made to the ODNR emergency operations center. All such operators shall file a report of the accident, either by submitting a copy of the required MSHA report, or using forms provided by the DMR, to the chief of DMR concurrent with the submission of accident reports to MSHA.
(B) Operators of mines regulated by the DMR, but not subject to 30 CFR part 50 (MSHA) shall provide notice and reports to the chief in accordance with the following criteria:
(1) An accident, as defined in 30 CFR part 50.2 (h), shall be reported to the appropriate DMR district office immediately after occurrence.
(2) Written reports of accidents, occupational illnesses or injuries, shall be filed with the chief within ten working days of occurrence of the accident, injury or diagnosis of illness on forms provided by the division of mines and reclamation.
(C) The DMR will conduct an investigation of any fatality immediately upon receipt of notice; any accident deemed serious by DMR shall be investigated within twenty four (24) hours of notice. In conducting such investigation(s), the DMR shall prepare a written report concerning the factors contributing to the accident. Such reports shall be provided to the mine operator. A mine operator may provide written comments to the chief concerning such reports. Such reports and comments shall become a part of the accident investigation file maintained by DMR.
(D) The accident investigator(s) shall provide written recommendations to the chief concerning appropriate remedial measures to prevent the reoccurrence of a fatality or serious accident.
The chief shall provide notice to other inspectors and the mining industry as appropriate, in an effort to preclude a similar occurrence at another mine. The chief shall summarize such accident, injury, and illness reports on an annual basis in preparation of the report required by ORC section 1561.04.
HISTORY: Eff 12-31-98
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 1561.03
Rule amplifies: RC 1561.04, 1561.36, 1561.37, 1565.12
119.032 Review Date: 11/01/01