Chapter 1501:14-2 Mine Safety

1501:14-2-01 Incorporation by reference of mine safety standards.

(A) The Code of Federal Regulations (C.F.R.) references listed in Chapter 1501:14-2 of the Administrative Code are those published in the July 1, 2015, C.F.R. These regulations can generally be found in public libraries or electronically at the website http://www.gpo.gov/fdsys/. These regulations are 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended.

(B) This rule shall be reviewed and updated as pertinent changes take place in 30 C.F.R. and as the publication date of the C.F.R. is updated. This review shall take place at least annually.

Effective: 8/22/2016
Five Year Review (FYR) Dates: 06/07/2016 and 08/22/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40
Rule Amplifies: 1514.40, 1514.42, 1514.43, 1514.47
Prior Effective Dates: 9/17/10, 10/6/11, 5/15/15

1501:14-2-02 Safety standards governing surface mining operations.

The safety requirements of 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended, are hereby incorporated by reference and shall be the safety standards governing surface mining conducted pursuant to Chapter 1514. of the Revised Code and these rules. To minimize duplication with MSHA and to fulfill the requirements of divisions (A) and (C) of section 1514.40, of the Revised Code for the purpose of establishing safety standards governing surface mining operations conducted pursuant to Chapter 1514. of the Revised Code, the requirements relating to MSHA's 7000-1 report, as set forth in 30 C.F.R. part 50, subpart C and subpart D, are not incorporated in these rules.

Five Year Review (FYR) Dates: 06/07/2016 and 06/07/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40
Rule Amplifies: 1514.40, 1514.43, 1514.47
Prior Effective Dates: 09/17/2010

1501:14-2-03 Criteria, standards and procedures governing annual safety performance evaluations of surface mining operations that are inspected by MSHA.

This rule applies to surface mining operations that are inspected by MSHA.

(A) The chief annually shall conduct, in accordance with these rules, a safety performance evaluation of all surface mining operations in the state that are inspected by MSHA.

(B) Collection of accident and injury data.

(1) Prior to July first of each year, the chief shall obtain from MSHA the NFDL incident data and the NFDLIR data for the preceding year for each surface mining operation permitted under Chapter 1514. of the Revised Code.

(2) Prior to July first of each year, the chief shall obtain from MSHA the national average NFDLIR data for each classification of surface mining operations permitted under Chapter 1514. of the Revised Code.

(C) Procedures governing safety performance evaluations.

(1) Prior to July first of each year, the chief shall compare the NFDLIR of each surface mining operation permitted under Chapter 1514. of the Revised Code with the national average NFDLIR for the appropriate mine classification.

(2) Prior to July first of each year, the chief shall identify those surface mining operations permitted under Chapter 1514. of the Revised Code that have a NFDLIR greater than the national average. The mining operations shall be identified by mine classification.

(3) A surface mining operation identified as having a NFDLIR greater than the national average for its mine classification shall receive two inspections conducted in accordance with division (B) of section 1514.41 and section 1514.43 of the Revised Code during the twelve months following July first.

(D) Notification of determination to conduct inspections due to the results of a safety performance evaluation. If a surface mining operation is identified under paragraph (C) of this rule as having a NFDLIR greater than the national average for its mine classification, the chief shall, prior to July first of each year, provide written notification to the operator of the operation and, if applicable, the authorized representative of the miners of the operation, that the operation will be inspected pursuant to division (B) of section 1514.41 and section 1514.43 of the Revised Code and as determined by this rule. The notice shall contain:

(1) A citation of the relevant provision(s) of the Revised Code and the Administrative Code that require the inspections;

(2) A statement that the inspections will be conducted between July first of the year the notice is sent and July first of the following year;

(3) The surface mining operation's NFDLIR;

(4) The national average NFDLIR for that surface mining operation's mine classification;

(5) The number of inspections the surface mining operation will receive;

(6) A requirement that the operator provide to the chief within thirty days, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable. The operator may provide this name by U.S. mail, facsimile, or electronic mail to the attention of: manager, mine safety program, Columbus office, division of mineral resources management; and

(7) The procedure, pursuant to paragraph (E) of this rule, whereby the operator may request that the chief reconsider the decision that the surface mining operation's NFDLIR exceeds the national average NFDLIR for the relevant mine classification.

(E) Reconsideration by the chief.

(1) Within thirty days of receipt of the notification required by paragraph (D) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that the operation exceeds the national average NFDLIR for the relevant mine classification. The request for reconsideration shall be based on either of the following:

(a) The accident(s) or injury(ies) causing the operation's NFDLIR to exceed the national average NFDLIR was improperly reported to MSHA; or

(b) The accident(s) or injury(ies) causing the operation's NFDLIR to exceed the national average NFDLIR was not related to the mining process.

(2) Within fourteen days of the receipt of an operator's request for reconsideration under paragraph (E)(1) of this rule, the chief shall provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision upon reconsideration under paragraph (E)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. An operator shall not file an appeal with the reclamation commission of the chief's decision that a surface mining operation's NFDLIR exceeds the national average NFDLIR without first requesting reconsideration as provided by paragraph (E)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

Five Year Review (FYR) Dates: 06/07/2016 and 06/07/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40
Rule Amplifies: 1514.09, 1514.40, 1514.41, 1514.45
Prior Effective Dates: 09/17/2010

1501:14-2-04 Requirements governing the reporting and investigation of accidents for surface mining operations that are inspected by MSHA.

This rule applies to surface mining operations that are inspected by MSHA.

(A) Accidents requiring reporting.

(1) An accident that is required to be reported to MSHA pursuant to 30 C.F.R.50.10 shall be reported to the division of mineral resources management. Accidents requiring notification shall be reported to the division of mineral resources management within one hour, once the operator knows or should know that the accident has occurred, by contacting the emergency operations center of the Ohio department of natural resources by telephone at (614) 799-9574.

(2) If the operator thinks that the accident reported under paragraph (A)(1) of this rule did not occur as a result of an unsafe condition or a practice at the operation, then the operator may, within twenty-four hours after the accident is reported, provide the chief with a written explanation of the reason(s) upon which the operator bases such opinion. The operator may provide this explanation by U.S. mail, facsimile, or electronic mail to the attention of: manager, mine safety program, Columbus office, division of mineral resources management.

(B) Injuries and illnesses not requiring reporting. An occupational injury or occupational illness that is required to be reported to MSHA pursuant to 30 C.F.R. part 50, subpart C or D, is not required to be reported to the division of mineral resources management.

(C) Investigation of fatalities and life-threatening injuries.

(1) Upon receipt of notice that a fatality or a life-threatening injury has occurred at an operation, the chief shall conduct an investigation to determine the events surrounding and causes of the fatality or life-threatening injury. To the extent practical, the chief shall coordinate the investigation with MSHA.

(2) If the chief conducts an investigation pursuant to this rule, the operator shall, during the investigation, provide the chief, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable.

(3) The chief shall prepare a report of the investigation, which shall include a determination of whether such fatality or injury occurred as a result of an unsafe condition or a practice at the operation. Within seven days of the completion of the fatality or life-threatening injury investigation report, the chief shall provide the operator and, if applicable, the authorized representative of the miners at the operation, with a copy of the investigation report.

(D) Notification of determination to conduct inspections.

(1) If the chief determines that a fatality or a life-threatening injury of a miner has occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shall immediately provide the operator with written notice that the operation will be inspected once every three months for a period of two years for a fatality in accordance with division (C) of section 1514.41 of the Revised Code or that the operation will be inspected once every three months for a period of one year for a life-threatening injury in accordance with division (D) of section 1514.41 of the Revised Code. The notice shall contain:

(a) A citation of the relevant provision(s) of the Revised Code and the Administrative Code that require the inspections;

(b) A statement that the one-year or two-year time frame for the inspections, as applicable, will begin immediately;

(c) The number of inspections the surface mining operation will receive; and

(d) The procedure, pursuant to paragraph (E) of this rule, whereby the operator may request that the chief reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) If a fatality or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shall, as soon as practicable, conduct a mine safety inspection of the operation in accordance with sections 1514.41 and 1514.43 of the Revised Code and these rules. A request for reconsideration pursuant to paragraph (E) of this rule shall not cause a delay in the conduct of this mine safety inspection.

(E) Reconsideration by the chief.

(1) Within thirty days of receipt of the notification required by paragraph (D) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) Within fourteen days of receipt of an operator's request for reconsideration under paragraph (E)(1) of this rule, the chief shall provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation, with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision under paragraph (E)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. An operator shall not file an appeal with the reclamation commission of the chief's decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation without first requesting reconsideration as provided by paragraph (E)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

Five Year Review (FYR) Dates: 06/07/2016 and 06/07/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40
Rule Amplifies: 1514.09, 1514.40, 1514.41
Prior Effective Dates: 09/17/2010

1501:14-2-05 Mine safety inspections of surface mining operations that are inspected by MSHA.

This rule applies to surface mining operations that are inspected by MSHA.

(A)

(1) If a surface mining operation is inspected by MSHA, the chief shall conduct inspections of the operation only under the following circumstances:

(a) The operation is identified through a safety performance evaluation conducted under section 1514.45 of the Revised Code or rule 1501:14-2-03 of the Administrative Code as having an NFDLIR that is higher than the national average;

(b) A fatality of a miner or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, as determined by the chief under division (C) or (D) of section 1514.41 of the Revised Code and paragraphs (C) and (D) of rule 1501:14-2-04 of the Administrative Code; or

(c) The chief determines, pursuant to paragraph (B)(3) of this rule, that the operator has failed to comply with a safety standard that was being violated and the chief, at his or her discretion and based on the severity of the violation or other safety factors, conducts additional mine safety inspections pursuant to paragraph (B)(3)(b) of this rule.

(2) If, pursuant to paragraphs (A)(1) of this rule, the chief conducts a mine safety inspection of a surface mining operation that is also inspected by MSHA, the chief shall enforce the safety standards established and incorporated by reference in Chapter 1514. of the Revised Code and these rules but shall only review the mine safety training plan required under 30 C.F.R. part 46 insofar as to ensure that the operation has such a training plan.

(B)

(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, if, during a mine safety inspection, the chief finds a violation of a safety standard, the chief shall, in writing, require the operator to comply with the standard that is being violated within a reasonable period of time.

(2) If the chief finds a violation of a safety standard, the chief shall return to the surface mining operation after a reasonable period of time only to determine if the operator has complied with the standard that was being violated.

(3) If the chief determines, under paragraph (B)(2) of this rule, that the operator has failed to comply with the standard that was being violated:

(a) The chief shall take appropriate action, if necessary, in the form of an order of the chief to obtain compliance; and

(b) The chief may, at his or her discretion and based on the severity of the violation or other safety factors, conduct additional mine safety inspections of the entire surface mining operation pursuant to this rule.

(C) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, after completion of a mine safety inspection of a surface mining operation, the chief shall prepare a report that:

(1) Describes the general conditions of the surface mining operation;

(2) Lists any hazardous conditions at the operation;

(3) Lists any violations of the safety standards established or incorporated by reference in these rules; and

(4) Describes the nature and extent of any hazardous condition or violation found, the corresponding remedy for each hazardous condition or violation, and a reasonable period of time to remedy the hazardous condition or to comply with the safety standard that is being violated.

(D) The chief shall provide two copies of the report prepared under paragraph (C) of this rule to the operator. The operator shall post one copy of the report at the operation for review by the employees of the operation.

(E)

(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, not later than ten days after receipt of a report under paragraph (D) of this rule, the operator may submit a written request to the chief for a meeting with the chief to review the findings contained in the report.

(2) Upon receipt of a request, the chief shall review the report and schedule a meeting with the operator. Within a reasonable period of time after the meeting, the chief shall make a written determination concerning the findings contained in the report and provide one copy of the determination to the operator of the surface mining operation and one copy of the determination to an authorized representative of the miners at the operation. If the chief makes a determination that affirms the findings contained in the report, the chief's determination constitutes an order of the chief for purposes of Chapter 1514.

of the Revised Code and these rules.

(F) An operator shall not appeal the contents of a report prepared under paragraph (C) of this rule to the reclamation commission without first submitting a written request for a review by the chief as provided in paragraph (E)(1) of this rule. If, upon review of the findings in the report, the chief makes a determination that affirms the findings in the report, then the operator may appeal this determination to the reclamation commission in accordance with section 1514.09 of the Revised Code. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

(G)

(1) If, during a mine safety inspection conducted under section 1514.41 of the Revised Code or this rule or during a safety audit conducted under section 1514.42 of the Revised Code, the chief finds a condition or practice at an operation that could reasonably be expected to cause the death of or imminent serious physical harm to an employee of the operation, the chief immediately shall issue orders to:

(a) Safeguard the employees;

(b) Notify the operator of the condition or practice; and

(c) Require the operator to abate the condition or practice within a reasonable period of time.

(2) In all situations under paragraph (G)(1) of this rule, the chief may require the operation to cease in the area in which the condition or practice is occurring or may require the entire operation to cease, if necessary, until the condition or practice that could reasonably be expected to cause death or serious physical harm is eliminated.

(H)

(1) The chief shall complete a report that describes:

(a) The condition or practice found under paragraph (G) of this rule;

(b) The action taken to abate the condition or practice, if applicable pursuant to paragraph (G)(1)(c) of this rule, or to eliminate the condition or practice, if applicable pursuant to paragraph (G)(2) of this rule; and

(c) The period of time that was given to abate or eliminate the condition or practice, as applicable.

(2) The chief shall provide two copies of the report to the operator. The operator shall post one copy of the report at the operation for review by the employees of the operation.

(I) No operator shall violate or fail to comply with an order issued pursuant to this rule.

Five Year Review (FYR) Dates: 06/07/2016 and 06/07/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40, 1514.43
Rule Amplifies: 1514.09, 1514.40, 1514.41, 1514.43, 1514.44
Prior Effective Dates: 09/17/2010

1501:14-2-06 Mine safety training.

(A) Upon the request of an operator, the chief shall conduct mine safety training for the employees of that operator.

(B) The chief may conduct one safety audit at a surface mining operation annually if the operator of the operation has requested the division to conduct mine safety training for that year. The safety audit shall be conducted at the surface mining operation where the miners requiring training are employed and shall not continue more than one day. Subject to the availability of mine safety staff and resources, the chief shall conduct additional safety audits at any surface mining operation if requested by the operator of the operation. All safety audits shall be scheduled at a time to which the chief and the operator mutually agree and shall be conducted in accordance with section 1514.42 of the Revised Code.

(C) Mine safety training shall be conducted in accordance with these rules and shall emphasize the standards established and incorporated by reference in these rules and include any other content that the chief determines is beneficial.

Effective: 8/22/2016
Five Year Review (FYR) Dates: 06/07/2016 and 08/22/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40, 1514.46
Rule Amplifies: 1514.42, 1514.46
Prior Effective Dates: 9/17/10

1501:14-2-07 Certified mine foreperson.

(A)

(1) The operator of a surface mining operation shall employ a certified mine foreperson to be in charge of the conditions and practices at the mine and to be responsible for conducting examinations of the surface mining operation under 30 C.F.R. part 56, as amended.

(2) Examinations of surface mining operations for the purposes of 30 C.F.R. part 56, as amended, shall be conducted by one of the following:

(a) A certified mine foreperson;

(b) A person who is qualified to conduct such examinations as provided in division (D) of section 1514.47 of the Revised Code and paragraph (C) of rule 1501:14-2-08 of the Administrative Code;

(c) A person designated by the certified mine foreperson as a competent person.

(3) For purposes of this rule, a competent person is a person who has been trained in accordance with 30 C.F.R. part 46 and been determined by a certified mine foreperson to have demonstrated the ability, training, knowledge, or experience necessary to perform the duty to which the person is assigned. A person is not a competent person if the chief demonstrates, with good cause, that the person does not have the ability, training, knowledge, or experience necessary to perform that duty.

(4) The operator of a surface mining operation shall maintain records demonstrating that a competent person designated by a certified mine foreperson has the ability, training, knowledge, or experience to perform the duty to which the person is assigned as well as records of the competent person's training in accordance with 30 C.F.R. part 46. The operator shall make the records available to the chief upon request.

(B) Qualifications, fees and procedures governing the examination for certification as a mine foreperson for surface mines.

(1) A person who applies for certification as a mine foreperson shall be able to read and write the English language and shall have at least two years' experience working with or under the direction of a certified mine foreperson.

(2) Persons may be certified for either or both of the following:

(a) Sand and gravel mine foreperson for surface mining operations permitted under Chapter 1514. of the Revised Code and these rules which do not use explosives.

(b) Quarry mine foreperson, which shall be valid for all surface mining operations permitted under Chapter 1514. of the Revised Code and these rules.

(3) An applicant for certification as a mine foreperson shall file an application for certification with the chief, including a notarized affidavit establishing the applicant's qualifications as set forth in paragraph (B)(1) of this rule, to take the certified mine foreperson examination. An applicant may apply for certification as both a sand and gravel foreperson and a quarry mine foreperson. Such application and affidavit shall be made on a form prescribed by the chief.

(4) The chief shall conduct mine foreperson certification examinations as often as practical in accordance with these rules.

(5) The chief shall grade each examination, and certify an applicant attaining a grade of seventy per cent or higher on each portion of the examination.

(6) An applicant not attaining a passing grade on one part of the examination may apply to be retested on that part only.

(7) An applicant not attaining a passing grade on two or more parts of the examination shall wait at least thirty days before reapplying for examination. An applicant not attaining a passing grade on two or more parts of the examination shall retake the entire examination.

(8) Each applicant for examination shall pay a non-refundable fee of twenty-five dollars, submitted with each application for examination. This fee shall be paid by check or money order payable to " Ohio Treasurer of State." Any moneys collected under this rule shall be paid into the state treasury to the credit of the surface mining fund created in section 1514.06 of the Revised Code.

(9) A certificate issued under paragraph (B) of this rule after September 29, 2015, shall not expire unless, as provided in division (C)(1) of section 1514.47 of the Revised Code and paragraph (E)(3) of this rule, the certificate holder has not been employed in a surface mining operation for five consecutive years.

(C) Temporary certification of mine foreperson. An operator may submit a request to the chief, on a form provided by the chief, asking for temporary certification for one of his or her employees who is within six months of having accumulated the required experience for certification as a sand and gravel foreperson or a quarry mine foreperson so that the employee may act in the capacity of a certified sand and gravel foreperson or a certified quarry mine foreperson on a temporary basis until such time as the applicant has accumulated the minimum necessary experience.

(1) The recipient of a temporary certification may apply for and take the examination for certification, administered under paragraph (B) of this rule, during the period within which the individual has a temporary certification. If the applicant passes the examination and, upon completion of all eligibility requirements, submits the required information on a notarized form provided by the chief documenting the accrual of the balance of the required experience, the chief shall issue the applicant a mine foreperson certification .

(2) Temporary certification as a mine foreperson shall be valid for a maximum of six months. If the individual holding a temporary certification does not pass the examination by the end of the six-month period, the temporary certification shall expire and the applicant shall cease performing all duties of a certified mine foreperson.

(3) If the individual holding a temporary certification has applied to take the examination for certification and the application to take the examination has been postmarked by midnight of the expiration date of the temporary certification, the temporary certification shall remain in effect until the date of the next certification examination scheduled by the division of mineral resources management. The division will notify the applicant of the examination date. If the applicant does not take the next scheduled examination or does not pass that examination, the temporary certification shall expire and the applicant shall cease performing all duties of a certified mine foreperson.

(4) No person shall be eligible to receive temporary certification more than one time unless the chief determines that exigent circumstances warrant otherwise.

(5) The chief may waive any part of the requirements for temporary certification if the chief determines exigent circumstances so warrant.

(D) A copy of each mine foreperson certificate and temporary certificate shall be kept at the mine site and made available to the chief upon request.

(E) Qualifications, fees and procedures governing the reissuance and expiration of mine foreperson certification.

(1) If a person holds a certificate issued under paragraph (B) of this rule that has not expired prior to September 29, 2015, the chief, upon request, shall reissue to the person a certificate that does not expire.

(2) If a person holds a certificate issued under this rule that expired on or after April 7, 2012, and has not been issued a new certificate prior to September 29, 2015, the chief, upon request, shall issue to that person a certificate that does not expire, provided that the person is in compliance with all other applicable requirements established in Chapter 1514. of the Revised Code and rules adopted under it. An applicant for reissuance of a mine foreperson certification pursuant to this paragraph shall file an application for reissuance with the chief, on a form prescribed by the chief, and pay a non-refundable fee of twenty-five dollars. This fee shall be paid by check or money order payable to "Ohio Treasurer of State."

(3) A mine foreperson certificate issued pursuant to section 1514.47 of the Revised Code and this rule shall not expire unless the certificate holder has not been employed in a surface mining operation for five consecutive years. If the certificate holder has not been employed in a surface mining operation for five consecutive years, the certificate holder may retake the mine foreperson examination and fulfill the other certification requirements of division (B) of section 1514.47 of the Revised Code and paragraph (B) of this rule, or may petition the chief to accept past employment history in lieu of being employed in a surface mining operation for five consecutive years. The petition shall be made on a form prescribed by the chief and shall include a notarized affidavit establishing the certificate holder's qualifications as set forth in paragraph (B)(1) of this rule. The certificate holder shall submit with the petition copies of training records verifying that within the past twelve months the certificate holder has received annual refresher training as required in rules adopted and incorporated by reference pursuant to division (A) of section 1514.40 of the Revised Code. The chief shall grant or deny the petition by issuance of an order. If the chief grants the petition, the certificate holder shall pay a non-refundable fee of twenty-five dollars, paid by check or money order payable to "Ohio Treasurer of State," and the chief shall reissue the certificate. If the chief denies the petition, the certificate holder may apply for a new certificate by retaking the mine foreperson examination and fulfilling the other certification requirements of division (B) of section 1514.47 of the Revised Code and paragraph (B) of this rule.

(4) If a certificate holder has not been employed in a surface mining operation for five consecutive years, he or she shall not perform the duties of a certified mine foreperson unless the chief reissues his or her certificate pursuant to division (C)(1) of section 1514.47 of the Revised Code and paragraph (E)(3) of this rule or the chief issues him or her a new certificate pursuant to division (B) of section 1514.47 of the Revised Code and paragraph (B) of this rule.

(F)

(1) If a certificate, including a temporary certificate, issued under this rule is suspended, the certificate shall not be renewed or reissued until the suspension period expires and the person whose certificate is suspended successfully completes all actions required by the chief. If an applicant's license, certificate, or similar authority that is issued by another state to perform specified mining duties is suspended or revoked by that state, the applicant shall be ineligible for a certification test or for renewal or reissuance of a certificate, including a temporary certificate, in this state during that period of suspension or revocation.

(2) A certificate, including a temporary certificate, issued under this rule that has been revoked shall not be renewed or reissued.

(G) If a person who has been certified by the chief under section 1514.47 of the Revised Code and this rule purposely violates Chapter 1514. of the Revised Code or Chapters 1501:14-1 to 1501:14-6 of the Administrative Code, the chief may suspend or revoke the certificate after an investigation and hearing conducted in accordance with Chapter 119. of the Revised Code are completed.

Effective: 8/22/2016
Five Year Review (FYR) Dates: 06/07/2016 and 08/22/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40, 1514.47
Rule Amplifies: 1514.47
Prior Effective Dates: 9/17/10

1501:14-2-08 Training in lieu of employing certified mine foreperson.

(A) In lieu of employing a certified mine foreperson in accordance with divisions (A) to (C) of section 1514.47 of the Revised Code and rule 1501:14-2-07 of the Administrative Code, the operator of a surface mining operation may, in accordance with division (D) of section 1514.47 of the Revised Code and this rule, submit to the chief a detailed training plan under which persons who qualify under the plan may conduct and document examinations at the surface mining operation for purposes of 30 C.F.R. part 56, as amended.

(1) To be eligible to participate in a training plan to become qualified under this rule, a person shall be able to read and write the English language and shall have had at least one year's experience working with or under the direction of a certified mine foreperson.

(2) The detailed training plan shall contain:

(a) The name, address, state and MSHA identification number of the operation;

(b) The name, position and work experience of each employee to be qualified under the plan;

(c) The name, position and work experience of each instructor who will be conducting training under the plan;

(d) An outline of the content for initial training;

(e) An outline of the content for continuing education; and

(f) An explanation of how the operator will provide documentation to the chief pursuant to paragraph (C)(2) of this rule.

(3) Training provided under the plan shall address the following subject matter:

(a) Identification and correction of hazards found by the qualified person;

(b) Reporting, documentation and follow up procedures to be followed by the qualified person concerning hazards and corrective actions;

(c) Safe work practices;

(d) Accident prevention, investigation, reporting and documentation;

(e) Medical care for injured miners;

(f) Training requirements under Chapter 1514. of the Revised Code and rules adopted pursuant thereto;

(g) Duties of a qualified person; and

(h) Requirements set forth in Chapter 1514. of the Revised Code and all mine safety rules adopted pursuant thereto.

(4) The length of initial training shall be a minimum of thirty-two hours, which shall include eight hours of in-class training and twenty-four hours of on-the-job training. The training hours specified need not be completed consecutively. Continuing education shall be a minimum of four hours each year.

(B) The chief shall review the plan and determine if the plan complies with the requirements established in these rules. The chief shall approve or not approve the plan and notify the operator, in writing, of his or her decision.

(1) A plan not approved by the chief shall be returned to the operator with an explanation of the reason(s) for non-approval.

(2) Any changes to an approved training plan must be submitted to the chief in writing and approved by the chief in writing prior to implementation.

(3) A copy of all approved training plans shall be kept at the mine site and made available to the chief upon request.

(C) After a detailed training plan is approved by the chief, an operator may train persons in accordance with the plan.

(1) When a qualified person is added to or removed from the list of persons who qualify under an approved training plan, the operator shall submit, in writing, within thirty days, an updated list of qualified persons at that operation to the chief.

(2) When a person at an operation completes initial and annual training under this rule to become or to remain qualified under the approved plan, the operator shall document such training, in writing, to the chief.

Effective: 8/22/2016
Five Year Review (FYR) Dates: 06/07/2016 and 08/22/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40, 1514.47
Rule Amplifies: 1514.40, 1514.47
Prior Effective Dates: 9/17/10

1501:14-2-09 Requirements governing the reporting and investigation of accidents and injuries for surface mining operations that are not inspected by MSHA.

This rule applies to surface mining operations that are not inspected by MSHA.

(A) Accidents and injuries requiring reporting.

(1)

(a) A fatality or a life-threatening injury that occurs at a surface mining operation that is not inspected by MSHA shall be reported to the division within one hour, once the operator knows or should know that the fatality or life-threatening injury has occurred, by contacting the emergency operations center of the Ohio department of natural resources by telephone at (614) 799-9574.

(b) If the operator thinks that the accident reported under paragraph (A)(1)(a) of this rule did not occur as a result of an unsafe condition or a practice at the operation, then the operator may, within twenty-four hours after the accident is reported, provide the chief with a written explanation of the reason(s) upon which the operator bases such opinion. The operator may provide this explanation by U.S. mail, facsimile, or electronic mail to the attention of: manager, mine safety program, Columbus office, division of mineral resources management.

(2) A lost-time accident other than a life-threatening injury that occurs at a surface mining operation that is not inspected by MSHA shall be reported to the chief, in writing on a form provided by the chief, within ten days after the lost-time accident occurs. The accident report form shall be sent to "Mine Safety Section, Division of Minerals Resources Management, Ohio Department of Natural Resources, 2045 Morse Road, Building H, Columbus, OH 43229."

(B) Investigation of fatalities and life-threatening injuries.

(1) Upon receipt of notice that a fatality or a life-threatening injury has occurred at an operation, the chief shall conduct an investigation to determine the events surrounding and causes of the fatality or life-threatening injury.

(2) If the chief conducts an investigation pursuant to this rule, the operator shall, during the investigation, provide the chief, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable.

(3) The chief shall prepare a report of the investigation, which shall include a determination of whether such fatality or injury occurred as a result of an unsafe condition or a practice at the operation. Within seven days of the completion of the fatality or life-threatening injury investigation report, the chief shall provide the operator and, if applicable, the authorized representative of the miners at the operation, with a copy of the investigation report.

(C) Notification of determination to conduct inspections.

(1) If the chief determines that a fatality or a life-threatening injury of a miner has occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shall immediately provide the operation with written notice that the operation will be inspected once every three months for a period of two years for a fatality in accordance with division (C) of section 1514.41 of the Revised Code or that the operation will be inspected once every three months for a period of one year for a life-threatening injury in accordance with division (D) of section 1514.41 of the Revised Code. The notice shall contain:

(a) A citation of the relevant provision(s) of the Revised Code and the Administrative Code that require the inspections;

(b) A statement that the one-year or two-year time frame for the inspections, as applicable, will begin immediately;

(c) The number of inspections the surface mining operation will receive; and

(d) The procedure, pursuant to paragraph (D) of this rule, whereby the operator may request that the chief reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) If a fatality or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shall, as soon as practicable, conduct a mine safety inspection of the operation in accordance with sections 1514.41 and 1514.43 of the Revised Code and these rules. A request for reconsideration pursuant to paragraph (D) of this rule shall not cause a delay in the conduct of this mine safety inspection.

(D) Reconsideration by the chief.

(1) Within thirty days of receipt of the notification required by paragraph (C) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) Within fourteen days of receipt of an operator's request for reconsideration under paragraph (D)(1) of this rule, the chief shall provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation, with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision under paragraph (D)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. An operator shall not file an appeal with the reclamation commission of the chief's decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation without first requesting reconsideration as provided by paragraph (D)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

Effective: 8/22/2016
Five Year Review (FYR) Dates: 06/07/2016 and 08/22/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40
Rule Amplifies: 1514.09, 1514.40, 1514.41, 1514.43
Prior Effective Dates: 9/17/10

1501:14-2-10 Mine safety inspections of surface mining operations that are not inspected by MSHA.

This rule applies to surface mining operations that are not inspected by MSHA.

(A)

(1) If a surface mining operation is not inspected by MSHA, the chief shall conduct mine safety inspections of the operation as follows:

(a) A minimum of two inspections annually; or

(b) If a fatality of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, as determined by the chief under division (C) of section 1514.41 of the Revised Code and paragraphs (B) and (C) of rule 1501:14-2-09 of the Administrative Code, a minimum of one inspection every three months for two years following the fatality; or

(c) If a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, as determined by the chief under division (D) of section 1514.41 of the Revised Code and paragraphs (B) and (C) of rule 1501:14-2-09 of the Administrative Code, a minimum of one inspection every three months for one year following the life-threatening injury.

(2) The chief shall conduct mine safety inspections to enforce the safety standards established and incorporated by reference in Chapter 1514. of the Revised Code and these rules and to review for compliance the mine safety training plan required under 30 C.F.R. part 46.

(3) When the chief conducts a mine safety inspection pursuant to paragraph (A)(1) of this rule, the operator shall, during the inspection, provide the chief, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable.

(B)

(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, if, during a mine safety inspection, the chief finds a violation of a safety standard, the chief shall, in writing, require the operator to comply with the standard that is being violated within a reasonable period of time.

(2) If the chief finds a violation of a safety standard, the chief shall return to the surface mining operation after a reasonable period of time to determine if the operator has complied with the standard that was being violated.

(3) If the chief determines, under paragraph (B)(2) of this rule, that the operator has failed to comply with the standard that was being violated:

(a) The chief shall take appropriate action in the form of an order of the chief to obtain compliance if necessary; and

(b) The chief may, at his or her discretion and based on the severity of the violation or other safety factors, conduct additional mine safety inspections of the entire surface mining operation pursuant to this rule.

(C) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, after completion of a mine safety inspection of a surface mining operation, the chief shall prepare a report that:

(1) Describes the general conditions of the surface mining operation;

(2) Lists any hazardous conditions at the operation;

(3) Lists any violations of the safety standards established or incorporated by reference in these rules; and

(4) Describes the nature and extent of any hazardous condition or violation found, the corresponding remedy for each hazardous condition or violation, and a reasonable period of time to remedy the hazardous condition or to comply with the safety standard that is being violated.

(D) The chief shall provide two copies of the report prepared under paragraph (C) of this rule to the operator. The operator shall post one copy of the report at the operation for review by the employees of the operation.

(E)

(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, not later than ten days after receipt of a report under paragraph (D) of this rule, the operator may submit a written request to the chief for a meeting with the chief to review the findings contained in the report.

(2) Upon receipt of a request, the chief shall review the report and schedule a meeting with the operator. Within a reasonable period of time after the meeting, the chief shall make a written determination concerning the findings contained in the report and provide one copy of the determination to the operator of the surface mining operation and one copy of the determination to an authorized representative of the miners at the operation. If the chief makes a determination that affirms the findings contained in the report, the chief's determination constitutes an order of the chief for purposes of Chapter 1514. of the Revised Code and these rules.

(F) An operator shall not appeal the contents of a report prepared under paragraph (C) of this rule to the reclamation commission without first submitting a written request for a review by the chief as provided in paragraph (E)(1) of this rule. If, upon review of the findings in the report, the chief makes a determination that affirms the findings in the report, then the operator may appeal this determination to the reclamation commission in accordance with section 1514.09 of the Revised Code. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

(G)

(1) If, during a mine safety inspection conducted under section 1514.41 of the Revised Code or this rule or during a safety audit conducted under section 1514.42 of the Revised Code, the chief finds a condition or practice at an operation that could reasonably be expected to cause the death of or imminent serious physical harm to an employee of the operation, the chief immediately shall issue orders to:

(a) Safeguard the employees;

(b) Notify the operator of the condition or practice; and

(c) Require the operator to abate the condition or practice within a reasonable period of time.

(2) In all situations under paragraph (G)(1) of this rule, the chief may require the operation to cease in the area in which the condition or practice is occurring or may require the entire operation to cease, if necessary, until the condition or practice that could reasonably be expected to cause death or serious physical harm is eliminated.

(H)

(1) The chief shall complete a report that describes:

(a) The condition or practice found under paragraph (G) of this rule;

(b) The action taken to abate the condition or practice, if applicable pursuant to paragraph (G)(1)(c) of this rule, or to eliminate the condition or practice, if applicable pursuant to paragraph (G)(2) of this rule; and

(c) The period of time that was given to abate or eliminate the condition or practice, as applicable.

(2) The chief shall provide two copies of the report to the operator. The operator shall post one copy of the report at the operation for review by the employees of the operation.

(I) No operator shall violate or fail to comply with an order issued pursuant to this rule.

Five Year Review (FYR) Dates: 06/07/2016 and 06/07/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40, 1514.43
Rule Amplifies: 1514.09, 1514.40, 1514.41, 1514.43, 1514.44
Prior Effective Dates: 09/17/2010