As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 384 5
1999-2000 6
REPRESENTATIVE HOUSEHOLDER 8
_________________________________________________________________ 9
A B I L L
To amend sections 1509.08, 1513.13, 1561.10, 11
1561.35, 1561.51, 1563.13, 1565.15, and 6111.044 12
and to enact sections 1561.351, 1561.53, 1561.54, 13
and 1561.55 of the Revised Code to revise
qualifications for membership on the Mine 14
Examining Board, to clarify provisions governing 15
appeals involving the Board, to revise
qualifications for first aid providers who must 16
be on duty at surface mines, to require all
surface miners to receive first aid training, and 17
to make other changes governing mine safety. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 1509.08, 1513.13, 1561.10, 22
1561.35, 1561.51, 1563.13, 1565.15, and 6111.044 be amended and 23
sections 1561.351, 1561.53, 1561.54, and 1561.55 of the Revised 24
Code be enacted to read as follows: 25
Sec. 1509.08. Upon receipt of an application for a permit 34
required by section 1509.05 of the Revised Code, or upon receipt 35
of an application for a permit to plug and abandon under section 36
1509.13 of the Revised Code, the chief of the division of oil and 37
gas shall determine whether the well is or is to be located in a 38
coal bearing township. 39
Whether or not the well is or is to be located in a coal 41
bearing township, the chief, by order, may refuse to issue a 42
permit required by section 1509.05 of the Revised Code to any 43
applicant who at the time of applying for the permit is in 44
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material or substantial violation of this chapter or rules 45
adopted or orders issued thereunder UNDER IT. The chief shall 46
refuse to issue a permit to any applicant who at the time of 48
applying for the permit has been found liable by a final 49
nonappealable order of a court of competent jurisdiction for 50
damage to streets, roads, highways, bridges, culverts, or 51
drainways pursuant to section 4513.34 or 5577.12 of the Revised 52
Code until the applicant provides the chief with evidence of 53
compliance with the order. No applicant shall attempt to 54
circumvent this provision by applying for a permit under a 55
different name or business organization name, by transferring 56
responsibility to another person or entity, by abandoning the 57
well or lease, or by any other similar act. 58
If the well is not or is not to be located in a coal 60
bearing township, or if it is to be located in a coal bearing 61
township, but the landowner submits an affidavit that he owns 62
ATTESTING TO OWNERSHIP OF the property in fee simple, including 63
the coal, and has no objection to the well, the chief shall issue 64
the permit.
If the application to drill, reopen, or convert concerns a 66
well which THAT is or is to be located in a coal bearing 67
township, the chief of the division of oil and gas shall transmit 68
to the chief of the division of mines and reclamation two copies 69
of the application and three copies of the map required in 70
section 1509.06 of the Revised Code;, except that, when the 71
affidavit with the waiver of objection described in the preceding 72
paragraph is submitted, the chief of the division of oil and gas 73
shall not transmit such THE copies. 74
The chief of the division of mines and reclamation shall 76
immediately SHALL notify the owner or lessee of any affected mine 77
that the application has been filed and send to the owner or 79
lessee two copies of the map accompanying the application setting 80
forth the location of the well. 81
If the owner or lessee objects to the location of the well 83
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or objects to any location within fifty feet of the original 84
location as a possible site for relocation of the well, he THE 85
OWNER OR LESSEE shall notify the chief of the division of mines 86
and reclamation of the objection, giving the reasons therefor FOR 87
THE OBJECTION and, if applicable, indicating on a copy of the map 88
the particular location or locations within fifty feet of the 90
original location to which he THE OWNER OR LESSEE objects as a 91
site for possible relocation of the well, within six days after
the receipt of the notice. If the chief of the division of mines 92
and reclamation receives no objections from the owner or lessee 93
of the mine within ten days after the receipt of the notice by 94
the owner or lessee, or if in the opinion of the chief of the 95
division of mines and reclamation the objections offered by the 96
owner or lessee are not sufficiently well founded, he shall THE 97
CHIEF immediately SHALL notify the owner or lessee of his THOSE 98
findings. The owner or lessee may appeal the decision of the 99
chief of the division of mines and reclamation to the mine 100
examining board created under section 1561.10 of the Revised 101
Code. The appeal shall be filed within fifteen days from the 102
date on which the owner or lessee receives the notice. If the 103
appeal is not filed within that time, the chief of the division 104
of mines and reclamation shall immediately SHALL approve the 105
application, retain a copy of the application and map, and return 107
a copy of the application to the chief of the division of oil and 108
gas with his THE approval noted thereon ON IT. Thereupon the THE 110
chief of the division of oil and gas THEN shall issue the permit 111
if the provisions of this chapter pertaining to the issuance of 113
such a permit have been complied with. 114
If the chief of the division of mines and reclamation 116
receives an objection from the owner or lessee of the mine as to 117
the location of the well within ten days after receipt of the 118
notice by the owner or lessee, and if in the opinion of the chief 119
the objection is well founded, he THE CHIEF shall disapprove the 120
application and immediately return it to the chief of the 122
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division of oil and gas together with his THE reasons for 123
disapproval and a suggestion for a new location for the well, 124
provided that the suggested new location shall not be a location 125
within fifty feet of the original location to which the owner or 126
lessee has objected as a site for possible relocation of the well 127
if the chief has determined that the objection is well founded. 128
The chief of the division of oil and gas shall immediately SHALL 129
notify the applicant for the permit of the disapproval and any 131
suggestion made by the chief of the division of mines and 132
reclamation as to a new location for the well. The applicant may 133
withdraw his THE application or amend his THE application to 135
drill the well at the location suggested by the chief of the
division of mines and reclamation, or he THE APPLICANT may appeal 137
the disapproval of the application by the chief of the division 138
of mines and reclamation to the mine examining board created 139
under section 1561.10 of the Revised Code. 140
If the chief of the division of mines and reclamation 142
receives no objection from the owner or lessee of a mine as to 143
the location of the well, but does receive an objection from the 144
owner or lessee as to one or more locations within fifty feet of 145
the original location as possible sites for relocation of the 146
well within ten days after receipt of the notice by the owner or 147
lessee, and if in the opinion of the chief the objection is well 148
founded, he shall THE CHIEF nevertheless SHALL approve the 149
application and shall immediately return it IMMEDIATELY to the 150
chief of the division of oil and gas together with his THE 152
reasons for disapproving any of the locations to which the owner 153
or lessee objects as possible sites for relocation of the well. 154
Thereupon the THE chief of the division of oil and gas THEN shall 155
issue a permit, if the provisions of this chapter pertaining to 156
the issuance of such a permit have been complied with, 157
incorporating as a term or condition of the permit that the
applicant is prohibited from commencing drilling at any location 158
within fifty feet of the original location that has been 159
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disapproved by the chief of the division of mines and 160
reclamation. The applicant may appeal to the mine examining 161
board the terms and conditions of the permit prohibiting the 162
commencement of drilling at any such location disapproved by the 163
chief of the division of mines and reclamation. 164
Any such appeal shall be filed within fifteen days from the 166
date the applicant receives notice of the disapproval of his THE 167
application, any other location within fifty feet of the original 168
location, or terms or conditions of the permit, or the owner or 169
lessee receives notice of the chief's decision. No approval or 170
disapproval of an application shall be delayed by the chief of 171
the division of mines and reclamation for more than fifteen days 172
from the date of sending the notice of the application to the 173
mine owner or lessee as required by this section. 174
All appeals provided for in this section shall be treated 176
as expedited appeals. The mine examining board shall hear any 177
such appeal IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 178
CODE and render a decision within thirty days of the filing of 179
the appeal.
The chief of the division of oil and gas shall not issue a 181
permit to drill a new well or reopen a well which THAT is or is 182
to be located within three hundred feet of any opening of any 183
mine used as a means of ingress, egress, or ventilation for 184
persons employed therein IN THE MINE, nor within one hundred feet 185
of any building or inflammable structure connected therewith WITH 187
THE MINE and actually used as a part of the operating equipment 188
of the mine, unless the chief of the division of mines and 190
reclamation determines that life or property will not be 191
endangered by drilling and operating the well in that location. 192
The chief of the division of mines and reclamation may 194
suspend the drilling or reopening of a well in a coal bearing 195
township if he determines AFTER DETERMINING that the drilling or 196
reopening activities present an imminent and substantial threat 197
to public health or safety or to miners' health or safety and he 198
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has HAVING been unable to contact the chief of the division of 200
oil and gas to request an order of suspension under section 201
1509.06 of the Revised Code. Before issuing a suspension order 202
for this purpose, the chief of the division of mines and 203
reclamation shall notify the owner in such A manner as THAT in 204
the chief's judgment would provide reasonable notification that 205
he THE CHIEF intends to issue a suspension order. The chief may 206
issue such an order without prior notification if reasonable 207
attempts to notify the owner have failed, but in that event 208
notification shall be given as soon thereafter as practical. 209
Within five calendar days after the issuance of the order, the 210
chief shall provide the owner an opportunity to be heard and to 211
present evidence that the activities do not present an imminent 212
and substantial threat to public health or safety or to miners' 213
health or safety. If, after considering the evidence presented 214
by the owner, the chief determines that the activities do not 215
present such a threat, he THE CHIEF shall revoke the suspension 216
order. An owner may appeal a suspension order issued by the 217
chief of the division of mines and reclamation under this section 218
to the mine examining board or may appeal the order directly to
the court of common pleas of the county in which the well is 219
located.
Sec. 1513.13. (A)(1) A PERSON HAVING AN INTEREST THAT IS 228
OR MAY BE ADVERSELY AFFECTED BY A FINDING OR DETERMINATION OF THE 230
CHIEF OF THE DIVISION OF MINES AND RECLAMATION MADE UNDER SECTION 231
1509.08, 1561.35, 1561.351, 1563.13, OR 6111.044 OF THE REVISED 234
CODE OR AN INVESTIGATION MADE BY THE CHIEF UNDER SECTION 1561.51 235
OF THE REVISED CODE MAY APPEAL TO THE MINE EXAMINING BOARD IN 238
ACCORDANCE WITH THOSE SECTIONS. Any OTHER person having an 240
interest that is or may be adversely affected by a notice of 241
violation, order, or decision of the chief of the division of 242
mines and reclamation, except OTHER THAN a show cause order or an 244
order that adopts a rule, or by any modification, vacation, or 245
termination of such a notice, order, or decision, may appeal by 246
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filing a notice of appeal with the reclamation commission for 247
review of the notice, order, or decision within thirty days after 249
the notice, order, or decision is served upon the person or 250
within thirty days after its modification, vacation, or 251
termination and by filing a copy of the notice of appeal with the 252
chief within three days after filing the notice of appeal with 253
the commission. The notice of appeal shall contain a copy of the 255
notice of violation, order, or decision complained of and the 256
grounds upon which the appeal is based. The commission has 257
exclusive original jurisdiction to hear and decide such appeals. 259
The filing of a notice of appeal under this division (A)(1) OF 260
THIS SECTION does not operate as a stay of any order, notice of 261
violation, or decision of the chief. 262
(2) The permittee, the chief, and other interested persons 264
shall be given written notice of the time and place of the 265
hearing at least five days prior thereto. The hearing shall be 266
of record. 267
(3) Any person authorized under this section to appeal to 269
the commission may request an informal review by the chief or the 271
chief's designee by filing a written request with the chief 272
within thirty days after a notice, order, decision, modification, 273
vacation, or termination is served upon the person. Filing of 274
the written request shall toll the time for appeal before the 275
commission, but shall not operate as a stay of any order, notice 277
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 278
commission under this section. 279
(B) The commission shall affirm the notice of violation, 281
order, or decision of the chief unless the commission determines 283
that it is arbitrary, capricious, or otherwise inconsistent with 284
law; in that case the commission may modify the notice of 285
violation, order, or decision or vacate it and remand it to the 287
chief for such further proceedings as THAT the commission may 288
direct. 289
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The commission shall conduct hearings and render decisions 291
in a timely fashion, except that ALL OF THE FOLLOWING APPLY: 292
(1) When the appeal concerns an order for the cessation of 294
coal mining and reclamation operations issued pursuant to 295
division (D)(1) or (2) of section 1513.02 of the Revised Code, 296
the commission shall issue its written decision within thirty 298
days after the receipt of the appeal unless temporary relief has 299
been granted by the chairperson pursuant to division (C) of this 301
section;
(2) When the appeal concerns an application for a permit 303
under division (I) of section 1513.07 of the Revised Code, the 304
commission shall hold a hearing within thirty days after receipt 306
of the notice of appeal and issue its decision within thirty days 307
after the hearing; 308
(3) When the appeal concerns a decision of the chief 310
regarding release of bond under division (F) of section 1513.16 311
of the Revised Code, the commission shall hold a hearing within 313
thirty days after receipt of the notice of appeal and issue its 314
decision within sixty days after the hearing. 315
(C) The chairperson of the commission, under conditions 318
the chairperson prescribes, may grant temporary relief the 320
chairperson considers appropriate pending final determination of 321
an appeal if all of the following conditions are met: 322
(1) All parties to the appeal have been notified and given 324
an opportunity for a hearing to be held in the locality of the 325
subject site on the request for temporary relief and the 326
opportunity to be heard on the request; 327
(2) The person requesting relief shows that there is a 329
substantial likelihood that the person will prevail on the 330
merits; 331
(3) The relief will not adversely affect public health or 333
safety or cause significant imminent environmental harm to land, 334
air, or water resources. 335
The chairperson shall issue a decision expeditiously, 337
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except that when the applicant requests relief from an order for 338
the cessation of coal mining and reclamation operations issued 339
pursuant to division (D)(1) or (2) of section 1513.02 of the 340
Revised Code, the decision shall be issued within five days after 341
its receipt. 342
Any party to an appeal filed with the commission who is 344
aggrieved or adversely affected by a decision of the chairperson 346
to grant or deny temporary relief under this section may appeal 347
that decision to the commission. The commission may confine its 349
review to the record developed at the hearing before the 350
chairperson.
The appeal shall be filed with the commission within thirty 353
days after the chairperson issues the decision on the request for 355
temporary relief. The commission shall issue a decision as 357
expeditiously as possible, except that when the appellant 358
requests relief from an order for the cessation of coal mining 359
and reclamation operations issued pursuant to division (D)(1) or 360
(2) of section 1513.02 of the Revised Code, the decision of the 361
commission shall be issued within five days after receipt of the 363
notice of appeal.
The commission shall affirm the decision of the chairperson 366
granting or denying temporary relief unless it determines that 367
the decision is arbitrary, capricious, or otherwise inconsistent 368
with law. 369
(D) Following the issuance of an order to show cause as to 371
why a permit should not be suspended or revoked pursuant to 372
division (D)(3) of section 1513.02 of the Revised Code, the chief 373
or a representative of the chief shall hold a public adjudicatory 375
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 376
Within sixty days following the public hearing, the chief 378
shall issue and furnish to the permittee and all other parties to 379
the hearing a written decision, and the reasons therefor, 380
concerning suspension or revocation of the permit. If the chief 381
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revokes the permit, the permittee immediately shall cease coal 382
mining operations on the permit area and shall complete 383
reclamation within a period specified by the chief, or the chief 384
shall declare as forfeited the performance bonds for the 385
operation. 386
(E)(1) Whenever an enforcement order or permit decision is 388
appealed under this section or any action is filed under division 389
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 390
request of a prevailing party, a sum equal to the aggregate 392
amount of all costs and expenses, including attorney's fees, as 393
determined to have been necessary and reasonably incurred by the 394
prevailing party for or in connection with participation in the 395
enforcement proceedings before the commission, the court under 396
section 1513.15 of the Revised Code, or the chief under section 398
1513.39 of the Revised Code, may be awarded, as considered 399
proper, in accordance with divisions (E)(1)(a) to (c) of this 400
section. In no event shall attorney's fees awarded under this 401
section exceed, for the kind and quality of services, the 402
prevailing market rates at the time the services were furnished 403
under division (A) of this section. A party may be entitled to 404
costs and expenses related solely to the preparation, defense, 405
and appeal of a petition for costs and expenses, provided the 406
costs and expenses are limited and proportionate to costs and 407
expenses otherwise allowed under division (E) of this section. 408
(a) A party, other than the permittee or the division of 410
mines and reclamation, shall file a petition, if any, for an 411
award of costs and expenses, including attorney's fees, with the 413
chief, who shall review the petition. If the chief finds that 414
the party, other than the permittee or the division of mines and 415
reclamation, prevailed in whole or in part, made a substantial 417
contribution to a full and fair determination of the issues, and 418
made a contribution separate and distinct from the contribution 419
made by any other party, the chief may award to that party the 420
party's costs and expenses, including attorney's fees that were 421
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necessary and reasonably incurred by the party for, or in 422
connection with, participation in the proceeding before the 423
commission.
(b) If a permittee who made a request under this division 425
(E)(1) OF THIS SECTION demonstrates that a party other than a 426
permittee who initiated an appeal under this section or 428
participated in such an appeal initiated or participated in the 429
appeal in bad faith and for the purpose of harassing or 430
embarrassing the permittee, the permittee may file a petition 431
with the chief. The chief may award to the permittee the costs 432
and expenses reasonably incurred by the permittee in connection 433
with participation in the appeal and assess those costs and 434
expenses against the party who initiated the appeal.
(c) The division of mines and reclamation may file, with 436
the commission, a request for an award to the division of the 437
costs and expenses reasonably incurred by the division in 439
connection with an appeal initiated under this section. The 440
commission may assess those costs and expenses against the party 442
who initiated the appeal if the division demonstrates that the 443
party initiated or participated in the appeal in bad faith and 444
for the purpose of harassing or embarrassing the division. 445
(2) Whenever an order issued under this section or as a 447
result of any administrative proceeding under this chapter is the 448
subject of judicial review, at the request of any party, a sum 449
equal to the aggregate amount of all costs and expenses, 450
including attorney ATTORNEY'S fees, as determined by the court to 452
have been necessary and reasonably incurred by the party for or 453
in connection with participation in the proceedings, may be 454
awarded to either party, in accordance with division (E)(1) of 455
this section, as the court, on the basis of judicial review, 456
considers proper.
Sec. 1561.10. (A) There is hereby created in the division 465
of mines and reclamation a " THE mine examining board" consisting 467
of three members to be appointed by the governor with the advice 468
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and consent of the senate. Terms of office shall be for three 469
years, commencing on the eleventh day of September, and ending on 470
the tenth day of September. Each member shall hold office from 471
the date of his appointment until the end of the term for which 472
he THE MEMBER was appointed. Vacancies shall be filled by 474
appointment by the governor. Any member appointed to fill a 475
vacancy occurring prior to the expiration of the term for which 476
his THE MEMBER'S predecessor was appointed shall hold office for 478
the remainder of such THAT term. Any member shall continue in 480
office subsequent to the expiration date of his THE MEMBER'S term 481
until his THE MEMBER'S successor takes office, or until a period 482
of sixty days has elapsed, whichever occurs first. The governor 483
may remove any member of the board for misconduct, incompetency, 484
neglect of duty, or for any other sufficient cause. 485
Not more than one ONE of the appointees to such THE board 488
shall be a person who, because of his previous vocation, 489
employment, or affiliation, can be classed as a representative of 490
the owner, operator, or lessee of a mine, and not more than one. 491
PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR SHALL REQUEST THE 493
MAJOR TRADE ASSOCIATION IN THIS STATE THAT REPRESENTS OWNERS, 494
OPERATORS, OR LESSEES OF COAL MINES TO SUBMIT TO THE GOVERNOR THE 495
NAMES AND QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL 496
APPOINT ONE OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE 497
PROVIDED IN THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN 498
FIVE YEARS OF PRACTICAL EXPERIENCE IN THE MINING INDUSTRY IN 499
POSITIONS IN WHICH THEY DEVELOPED COMPETENCE IN THE TOPICS OF 500
MINE HEALTH AND SAFETY. THE MAJOR TRADE ASSOCIATION SHALL 501
REPRESENT A MEMBERSHIP THAT PRODUCED A LARGER QUANTITY OF COAL 502
MINED IN THIS STATE THAN THE MEMBERSHIP OF ANY OTHER TRADE 503
ASSOCIATION IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 504
APPOINTMENT IS MADE.
ONE of such THE appointees shall be a person who, because 507
of his previous vocation, employment, or affiliation, can be 508
classed as a representative of employees presently CURRENTLY 509
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engaged in mining operations. Not PRIOR TO MAKING THE 511
APPOINTMENT, THE GOVERNOR SHALL REQUEST THE HIGHEST RANKING 512
OFFICER IN THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL 513
MINERS IN THIS STATE TO SUBMIT TO THE GOVERNOR THE NAMES AND 514
QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL APPOINT ONE 515
OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE PROVIDED IN 516
THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS 518
OF PRACTICAL EXPERIENCE IN DEALING WITH MINE HEALTH AND SAFETY 519
ISSUES AND AT THE TIME OF THE NOMINATION SHALL BE EMPLOYED IN 520
POSITIONS THAT INVOLVE THE PROTECTION OF THE HEALTH AND SAFETY OF 521
MINERS. THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL MINERS 522
SHALL REPRESENT A MEMBERSHIP CONSISTING OF THE LARGEST NUMBER OF 523
COAL MINERS IN THIS STATE COMPARED TO OTHER EMPLOYEE 524
ORGANIZATIONS IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 525
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO CAN BE CLASSED 528
AS A REPRESENTATIVE OF THE PUBLIC. EXCEPT AS OTHERWISE PROVIDED 529
IN THIS DIVISION, THE APPOINTEE SHALL HAVE NOT LESS THAN FIVE 530
YEARS OF TECHNICAL, PRACTICAL EXPERIENCE IN EITHER THE FIELD OF 531
MINE HEALTH AND SAFETY OR OCCUPATIONAL HEALTH AND SAFETY, OR 532
BOTH. FOR A PERIOD OF THREE YEARS PRIOR TO THE APPOINTMENT, THE 533
APPOINTEE SHALL NOT HAVE BEEN EMPLOYED IN THE MINING INDUSTRY. 534
AN APPOINTEE WHO HAS RECEIVED A BACHELOR'S DEGREE IN MINING 537
ENGINEERING OR TECHNOLOGY NEED NOT HAVE AT LEAST FIVE YEARS OF 538
PRACTICAL EXPERIENCE AS OTHERWISE PROVIDED IN THIS DIVISION, BUT 539
SHALL HAVE A TOTAL OF NOT LESS THAN THREE YEARS OF PRACTICAL 540
EXPERIENCE IN THE MINING INDUSTRY IN A POSITION THAT PROVIDED THE 542
PERSON WITH PRACTICAL KNOWLEDGE OF MINE HEALTH AND SAFETY.
NOT more than two of the members of said THE board shall 544
belong to the same political party. The chief of the division of 546
mines and reclamation or the chief's designee shall be ex officio 547
secretary to the board. 548
(B) The board shall have full power TO DO BOTH OF THE 550
FOLLOWING: 551
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(A) To adopt (1) ADOPT and enforce reasonable rules 553
relative to the exercise of its powers and proper rules to govern 555
its proceedings and to regulate the manner of appeals; 556
(B) To employ (2) EMPLOY experts, advisors, and 558
secretarial, clerical, stenographic, and other employees. 559
(C) Each member of the board shall receive a salary fixed 561
pursuant to division (J) of section 124.15 of the Revised Code 562
when actually performing the OFFICIAL duties of his office, and, 564
in addition thereto TO A SALARY, he EACH MEMBER shall be 565
reimbursed for all actual and necessary travel and incidental 567
expenses incurred in carrying out the OFFICIAL duties of his 568
office.
(D) The board shall elect from its members a chairman 570
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. A quorum of the 572
board shall consist of not less than two members, and no action 573
at any meeting shall be taken unless at least two votes are in 575
accord. The secretary of the board shall keep a true and 576
complete record of all the proceedings of the board. With the 577
approval of the board, the secretary may employ clerical 578
assistants. The board shall adopt all necessary rules, 579
regulations, and bylaws to govern its times and places of 580
meetings, for organization and reorganization, for holding all 581
examinations, and for governing all other matters requisite to 582
the exercise of its powers, the performance of its duties, and 583
the transaction of its business under this chapter and Chapters 584
1509., 1563., 1565., and 1567. of the Revised Code. The board
shall adopt and have an official seal. 585
(E) EACH MEMBER OF THE BOARD SHALL COMPLETE THE ANNUAL 588
REFRESHER TRAINING REQUIRED FOR MINERS UNDER 30 C.F.R. 48.8 590
(1997). IN ADDITION TO THE ANNUAL REFRESHER TRAINING, EACH
MEMBER SHALL COMPLETE TWENTY-FOUR HOURS OF CONTINUING EDUCATION 591
DURING EACH MEMBER'S THREE-YEAR TERM OF OFFICE ON THE TOPICS OF 592
MINING TECHNOLOGY AND LAWS GOVERNING MINING HEALTH AND SAFETY. 594
Sec. 1561.35. If the deputy mine inspector finds that any 603
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matter, thing, or practice connected with any mine and not 604
prohibited specifically by law, is dangerous or hazardous, or 605
that from a rigid enforcement of this chapter and Chapters 1509., 606
1563., 1565., and 1567. of the Revised Code, such THE matter, 607
thing, or practice would become dangerous and hazardous so as to 609
tend to the bodily injury of any person, such THE deputy mine 610
inspector shall forthwith SHALL give notice in writing to the 611
owner, lessee, or agent of the mine, of the particulars in which 613
he THE DEPUTY MINE INSPECTOR considers such THE mine or any 615
matter, thing, or practice connected therewith is dangerous or 616
hazardous and recommend such changes as THAT the conditions 617
require, and shall forthwith SHALL mail a copy of such THE report 618
and his THE DEPUTY MINE INSPECTOR'S recommendations to the chief 620
of the division of mines and reclamation. Upon receipt of such 621
THE report and recommendations, the chief shall forthwith SHALL 624
make a finding thereon and mail a copy to the owner, operator, 626
lessee, or agent of such THE mine, and to the deputy mine 628
inspector; a copy of such THE finding of the chief shall be 629
posted upon the bulletin board of the mine. Where the miners
have a mine safety committee, one additional copy shall be posted 630
on said THE bulletin board for the use and possession of the 631
committee. 632
The owner, operator, lessee, or agent of such THE mine, or 634
the authorized representative of the workers of such THE mine, 635
may within ten days MAY appeal to the mine examining board for a 636
review and redetermination of the finding of the chief in such 638
THE matter IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 639
CODE. A copy of the findings DECISION of the board shall be 640
mailed as required by this section for the mailing of the finding 642
by the chief on the deputy mine inspector's report. 643
Sec. 1561.351. A DEPUTY MINE INSPECTOR WHO MAKES A FINDING 645
CONCERNING A VIOLATION OF THIS CHAPTER OR CHAPTER 1563., 1565., 647
OR 1567. OR SECTION 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 648
1509.17, OR 1509.18 OF THE REVISED CODE THAT INVOLVES MINING 650
16
SAFETY SHALL NOTIFY THE CHIEF OF THE DIVISION OF MINES AND 651
RECLAMATION OF THE FINDING. THE CHIEF SHALL REVIEW THE 652
INSPECTOR'S FINDING, MAKE A WRITTEN DETERMINATION REGARDING IT, 653
AND PROVIDE A COPY OF THE WRITTEN DETERMINATION TO THE OWNER, 654
OPERATOR, LESSEE, OR AGENT OF THE MINE INVOLVED. THE CHIEF SHALL 655
PROVIDE A COPY OF THE WRITTEN DETERMINATION TO ANY OTHER 656
INTERESTED PARTY UPON REQUEST.
A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT OF 659
THE MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF THE 660
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 661
THE CHIEF'S DETERMINATION MAY APPEAL THE DETERMINATION, NOT LATER 662
THAN TEN DAYS AFTER RECEIVING NOTICE OF THE DETERMINATION, TO THE 663
MINE EXAMINING BOARD BY FILING A COPY OF THE CHIEF'S WRITTEN 664
DETERMINATION WITH THE BOARD. THE BOARD SHALL HEAR THE APPEAL IN 665
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. 666
Sec. 1561.51. When written charges of neglect of duty, 676
incompetency, or malfeasance in office against the deputy mine 677
inspector are filed with the chief of the division of mines and 678
reclamation, signed by not less than fifteen employees, or 679
otherwise as provided in section 1561.50 of the Revised Code, or 681
the owner, lessee, or agent of a mine, and the signers of such 682
THE charges are dissatisfied with the result of the investigation 683
made by the chief, they may appeal to the mine examining board by 685
filing the same charges against such THE deputy mine inspector 687
and a copy of the report of the investigation made by the chief
in the matter with the board, and the board shall make an 688
investigation of such charges, or may hold an open hearing 689
thereon HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 690
REVISED CODE. The board shall mail a written report COPY of the 691
result of such investigation or hearing, addressed ITS DECISION 692
to the complainant whose name appears first in the charges. 693
Sec. 1561.53. (A) AS USED IN THIS SECTION, "DECISION OF 696
THE CHIEF" INCLUDES A DECISION, DISAPPROVAL OF AN APPLICATION TO 697
DRILL A WELL, TERMS AND CONDITIONS OF A PERMIT, OR A SUSPENSION 698
17
ORDER ISSUED BY THE CHIEF OF THE DIVISION OF MINES AND 699
RECLAMATION UNDER SECTION 1509.08 OF THE REVISED CODE; A FINDING
OF THE CHIEF MADE UNDER SECTION 1561.35 OR 1563.13 OF THE REVISED 700
CODE; A DETERMINATION MADE BY THE CHIEF UNDER SECTION 1561.351 OF 701
THE REVISED CODE; A REPORT OF AN INVESTIGATION MADE BY THE CHIEF 702
UNDER SECTION 1561.51 OF THE REVISED CODE; OR DISAPPROVAL OF AN 703
APPLICATION FOR A PERMIT, RENEWAL PERMIT, OR MODIFICATION ISSUED
UNDER SECTION 6111.044 OF THE REVISED CODE. 704
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 707
THIS SECTION, THE MINE EXAMINING BOARD HAS EXCLUSIVE ORIGINAL 708
JURISDICTION TO HEAR AND DECIDE APPEALS MADE TO THE BOARD UNDER 709
SECTIONS 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, AND 710
6111.044 OF THE REVISED CODE. AN APPEAL MADE UNDER THOSE 711
SECTIONS DOES NOT OPERATE AS A STAY OF ANY DECISION OF THE CHIEF. 712
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 714
CONTRARY, FROM THE EFFECTIVE DATE OF THIS SECTION UNTIL THE DATE 715
ON WHICH ALL MEMBERS OF THE MINE EXAMINING BOARD HAVE BEEN 716
APPOINTED IN ACCORDANCE WITH THE QUALIFICATIONS ESTABLISHED IN 717
SECTION 1561.10 OF THE REVISED CODE, AS AMENDED, BOTH OF THE 720
FOLLOWING APPLY:
(a) A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT 723
OF A MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF A 724
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 725
A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND SAFETY MAY 726
APPEAL IT, NOT LATER THAN TEN DAYS AFTER RECEIVING NOTICE OF THE 727
DECISION, TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH 728
SECTION 1513.13 OF THE REVISED CODE BY FILING A COPY OF THE 730
CHIEF'S WRITTEN DECISION WITH THE COMMISSION. 731
(b) AN OWNER, OPERATOR, LESSEE, OR AGENT OF A MINE WHO 734
APPEALS A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND 735
SAFETY TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH DIVISION 736
(B)(2)(a) OF THIS SECTION, UPON FILING THE APPEAL, SHALL PROVIDE 738
WRITTEN NOTIFICATION OF THE APPEAL TO THE AUTHORIZED 739
REPRESENTATIVE OF THE AFFECTED WORKERS OF THE MINE INVOLVED. THE 741
18
AUTHORIZED REPRESENTATIVE OF THE MINE WORKERS MAY INTERVENE AND 742
PARTICIPATE AS A PARTY TO THE APPEAL BY FILING A WRITTEN NOTICE 743
OF INTERVENTION WITH THE COMMISSION NOT LATER THAN TEN DAYS 744
FOLLOWING RECEIPT OF NOTIFICATION OF THE APPEAL. 745
(C) THE BOARD SHALL PROVIDE WRITTEN NOTICE OF THE TIME AND 748
PLACE OF A HEARING NOT LESS THAN FIVE DAYS PRIOR TO THE HEARING. 749
THE HEARING SHALL BE OF RECORD.
(D) THE BOARD SHALL CONDUCT HEARINGS AND RENDER DECISIONS 751
IN A TIMELY FASHION AND SHALL HEAR EXPEDITED APPEALS AS REQUIRED 752
UNDER SECTION 1509.08 OF THE REVISED CODE. 753
WHENEVER THE BOARD CONDUCTS A HEARING, IT SHALL PREPARE A 756
REPORT SETTING FORTH ITS FINDINGS OF FACT AND CONCLUSIONS OF LAW 757
AND SHALL MAIL A COPY OF THE REPORT BY CERTIFIED MAIL TO THE
PARTIES. A PARTY, NOT LATER THAN FOURTEEN DAYS AFTER RECEIPT OF 758
THE REPORT, MAY SERVE AND FILE WRITTEN OBJECTIONS TO THE BOARD'S 759
REPORT WITH THE SECRETARY OF THE BOARD. OBJECTIONS SHALL BE 760
SPECIFIC AND STATE WITH PARTICULARITY THE GROUNDS FOR THEM. UPON 762
CONSIDERATION OF THE OBJECTIONS, THE BOARD MAY ADOPT, REJECT, OR 763
MODIFY THE REPORT OR HEAR ADDITIONAL EVIDENCE.
(E) THE BOARD SHALL AFFIRM A DECISION OF THE CHIEF UNLESS 766
THE BOARD DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR 767
OTHERWISE INCONSISTENT WITH LAW; IN THAT CASE THE BOARD SHALL 768
VACATE THE DECISION OF THE CHIEF AND MAY REMAND IT TO THE CHIEF 769
FOR FURTHER PROCEEDINGS THAT THE BOARD MAY DIRECT. 771
(F) THE CHAIRPERSON OF THE BOARD, UNDER CONDITIONS THAT 774
THE CHAIRPERSON PRESCRIBES, MAY GRANT TEMPORARY RELIEF THAT THE 775
CHAIRPERSON CONSIDERS APPROPRIATE PENDING FINAL DETERMINATION OF 776
AN APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 777
(1) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 780
AN OPPORTUNITY FOR A HEARING TO BE HELD ON THE REQUEST FOR 781
TEMPORARY RELIEF.
(2) THE PERSON REQUESTING RELIEF SHOWS THAT THERE IS A 783
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 784
MERITS. 785
19
(3) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 787
SAFETY OF MINERS. 788
THE CHAIRPERSON SHALL ISSUE A DECISION EXPEDITIOUSLY AND 791
PROMPTLY PROVIDE WRITTEN NOTIFICATION OF THE DECISION TO ALL
PARTIES TO THE APPEAL. 792
ANY PARTY TO AN APPEAL FILED WITH THE BOARD WHO IS 794
AGGRIEVED OR ADVERSELY AFFECTED BY A DECISION OF THE CHAIRPERSON 795
TO GRANT OR DENY TEMPORARY RELIEF UNDER THIS SECTION MAY APPEAL 796
THAT DECISION TO THE BOARD. THE BOARD MAY CONFINE ITS REVIEW TO 797
THE RECORD DEVELOPED AT THE HEARING BEFORE THE CHAIRPERSON. 799
THE APPEAL SHALL BE FILED WITH THE BOARD NOT LATER THAN 801
THIRTY DAYS AFTER THE CHAIRPERSON ISSUES THE DECISION ON THE 802
REQUEST FOR TEMPORARY RELIEF. THE BOARD SHALL ISSUE A DECISION 803
AS EXPEDITIOUSLY AS POSSIBLE. 804
THE BOARD SHALL AFFIRM THE DECISION OF THE CHAIRPERSON 807
GRANTING OR DENYING TEMPORARY RELIEF UNLESS IT DETERMINES THAT 808
THE DECISION IS ARBITRARY, CAPRICIOUS, OR OTHERWISE INCONSISTENT 809
WITH LAW.
Sec. 1561.54. FOR THE PURPOSE OF PARTICIPATION IN AN 811
ADJUDICATORY HEARING CONDUCTED UNDER SECTION 1561.53 OF THE 812
REVISED CODE, THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION 813
OR THE MINE EXAMINING BOARD MAY REQUIRE THE ATTENDANCE OF 814
WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, AND PAPERS AND 815
MAY, AND AT THE REQUEST OF ANY PARTY SHALL, ISSUE SUBPOENAS FOR 816
WITNESSES OR SUBPOENAS DUCES TECUM TO COMPEL THE PRODUCTION OF 817
ANY BOOKS, RECORDS, PAPERS, OR OTHER MATERIAL RELEVANT TO THE 818
INQUIRY, DIRECTED TO THE SHERIFF OF EACH COUNTY WHERE THE 819
WITNESSES OR MATERIALS ARE FOUND, WHICH SUBPOENAS SHALL BE SERVED 820
AND RETURNED IN THE SAME MANNER THAT SUBPOENAS ISSUED BY COURTS 821
OF COMMON PLEAS ARE SERVED AND RETURNED. THE FEES AND MILEAGE OF 822
SHERIFFS AND WITNESSES SHALL BE THE SAME AS THOSE ALLOWED BY THE 823
COURT OF COMMON PLEAS IN CRIMINAL CASES. 824
IN CASES OF DISOBEDIENCE OR NEGLECT OF A SUBPOENA SERVED ON 827
A PERSON OR THE REFUSAL OF A WITNESS TO TESTIFY ON ANY MATTER 828
20
REGARDING WHICH THE WITNESS LAWFULLY MAY BE INTERROGATED, THE 829
COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE DISOBEDIENCE, 830
NEGLECT, OR REFUSAL OCCURS, OR ANY JUDGE OF THAT COURT, ON 831
APPLICATION OF THE CHIEF OR THE BOARD OR ANY MEMBER OF THE BOARD, 832
SHALL COMPEL OBEDIENCE BY ATTACHMENT PROCEDURES FOR CONTEMPT AS 833
IN THE CASE OF DISOBEDIENCE OF THE REQUIREMENTS OF A SUBPOENA 834
ISSUED FROM THE COURT OR A REFUSAL TO TESTIFY IN IT. 835
A WITNESS AT ANY HEARING SHALL TESTIFY UNDER OATH OR 837
AFFIRMATION, WHICH THE CHIEF OR ANY MEMBER OF THE BOARD SHALL 838
ADMINISTER. 839
Sec. 1561.55. ANY PARTY AGGRIEVED OR ADVERSELY AFFECTED BY 842
A DECISION OF THE MINE EXAMINING BOARD MAY APPEAL TO THE COURT OF 843
APPEALS OF FRANKLIN COUNTY OR THE COURT OF APPEALS OF THE COUNTY 844
IN WHICH THE ACTIVITY ADDRESSED BY THE DECISION OF THE BOARD 845
OCCURRED, IS OCCURRING, OR WILL OCCUR. THE APPEAL SHALL BE FILED 846
NOT LATER THAN THIRTY DAYS AFTER ISSUANCE OF THE DECISION OF THE 847
BOARD. THE COURT, UPON MOTION, MAY GRANT ANY TEMPORARY RELIEF 848
THAT IT CONSIDERS APPROPRIATE PENDING FINAL DISPOSITION OF THE 849
APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 850
(A) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 853
AN OPPORTUNITY TO BE HEARD ON THE REQUEST FOR TEMPORARY RELIEF. 854
(B) THE PERSON REQUESTING THE RELIEF SHOWS THAT THERE IS 857
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 858
MERITS.
(C) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 861
SAFETY OF MINERS.
THE COURT SHALL AFFIRM THE DECISION OF THE BOARD UNLESS THE 864
COURT DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR OTHERWISE 865
INCONSISTENT WITH LAW, IN WHICH CASE THE COURT SHALL VACATE THE 866
DECISION AND REMAND IT TO THE BOARD FOR ANY FURTHER PROCEEDINGS 867
THAT IT DIRECTS.
Sec. 1563.13. When a deputy mine inspector considers that 876
the ways and means of egress in any underground mine from the 877
interior working places to the surface are inadequate as a safe 878
21
and ready means of escape in case of emergency, from danger of 879
fire at any point, or any other cause that may result in the 880
entombment of persons working therein IN THE MINE, he THE DEPUTY 882
MINE INSPECTOR shall give notice in writing to the owner, lessee, 883
or agent of such THE mine of the particular in which he THE 884
DEPUTY MINE INSPECTOR considers such THE conditions dangerous, 885
recommending such ANY changes as THAT the conditions require, and 887
shall forthwith SHALL mail a copy of his THE DEPUTY MINE 888
INSPECTOR'S recommendations to the chief of the division of mines 890
and reclamation. Upon receipt of such THE recommendations, the 891
chief shall forthwith SHALL make a finding thereon CONCERNING 893
THEM and mail a copy to the operator of such THE mine, and to the 894
deputy mine inspector. A copy of such THE finding of the chief 896
shall be posted upon the bulletin board at the time. 897
The operator of such THE mine, or the authorized 899
representative of the workers of such THE mine, may within ten 900
days MAY appeal to the mine examining board for a review and 902
redetermination of the finding of the chief in such THE matter IN 903
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. A copy of 904
the findings DECISION of the board shall be mailed as required by 905
this section for the mailing of the finding by the chief on the 906
deputy mine inspector's report. 907
No operator of a mine shall refuse or neglect to comply 909
with this section. 910
Sec. 1565.15. (A) As used in this section,: 920
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 924
medical service organization" have the same meanings as in 925
section 4765.01 of the Revised Code.
(2) "FIRST AID PROVIDER" INCLUDES AN EMT-BASIC, AN EMT-I, 930
A PARAMEDIC, OR A SUPERVISORY EMPLOYEE AT A SURFACE MINE WHO HAS 931
SATISFIED THE TRAINING REQUIREMENTS ESTABLISHED IN DIVISION 932
(D)(1) OF THIS SECTION. 933
(B) The operator of an underground mine where twenty or 935
more persons are employed on a shift, including all persons 936
22
working at different locations at the mine within a ten-mile 937
radius, shall provide at least one EMT-basic or EMT-I on duty at 940
the mine whenever employees at the mine are actively engaged in 941
the extraction, production, or preparation of coal. The operator 943
shall provide EMTs-basic or EMTs-I on duty at the mine at such 944
times AND in numbers sufficient to ensure that no miner works in 946
a mine location that cannot be reached within a reasonable time 947
by an EMT-basic or an EMT-I. EMTs-basic and EMTs-I shall be 948
employed on their regular mining duties at locations convenient 949
for quick response to emergencies, IN ORDER to provide emergency 951
medical services inside the mine and transportation of injured or 952
sick employees to the entrance of the mine. The operator shall
provide for the services of at least one emergency medical 953
service organization to be available on call to reach the 954
entrance of the mine within thirty minutes, at any time that 955
employees are engaged in the extraction, production, or 956
preparation of coal IN ORDER to provide emergency medical 957
services and transportation to a hospital. 958
The operator shall make available to EMTs-basic and EMTs-I 961
all OF the equipment for first aid and emergency medical services 963
that is necessary for such THOSE personnel to function and to 965
comply with the rules REGULATIONS pertaining to first aid and 966
emergency medical services that are promulgated ADOPTED under the 967
"Federal Coal Mine SAFETY AND Health and Safety Act of 1969 969
1977," 83 91 Stat. 742 1290, 30 U.S.C.A. 801, and amendments 970
thereto, or the "Metal and Nonmetallic Mine Safety Act," 80 Stat. 971
772, 30 U.S.C.A. 721, and amendments thereto TO IT. The operator 972
shall install telephone service or equivalent facilities that 974
enable two-way voice communication between the EMTs-basic or 975
EMTs-I in the mine and the emergency medical service organization 976
outside the mine that provides emergency medical services on a 977
regular basis.
(C) The operator of a strip SURFACE mine where twenty-five 979
or more persons are employed on a shift, including all persons 981
23
working at different locations of the mine within a ten-mile 982
radius, shall provide at least one EMT-basic or EMT-I FIRST AID 983
PROVIDER on duty at the mine whenever employees at the mine are 985
actively engaged in the extraction, production, or preparation of
coal or minerals. The operator shall provide EMTs-basic or 986
EMTs-I FIRST AID PROVIDERS on duty at the mine at such times AND 988
in numbers sufficient to ensure that no miner works in a mine 989
location that cannot be reached within a reasonable time by an 990
EMT-basic or an EMT-I. EMTs-basic and EMTs-I A FIRST AID 992
PROVIDER. FIRST AID PROVIDERS shall be employed on their regular 993
mining duties at locations convenient for quick response to 996
emergencies, IN ORDER to provide emergency medical services and 998
transportation of injured or sick employees to the entrance of 999
the mine. The operator shall provide for the services of at 1,001
least one emergency medical service organization to be available 1,003
on call to reach the entrance of the mine within thirty minutes, 1,006
at any time that employees are engaged in the extraction, 1,007
production, or preparation of coal, IN ORDER to provide emergency 1,009
medical services and transportation to a hospital.
THE OPERATOR SHALL MAKE AVAILABLE TO FIRST AID PROVIDERS 1,011
ALL OF THE EQUIPMENT FOR FIRST AID AND EMERGENCY MEDICAL SERVICES 1,012
THAT IS NECESSARY FOR THOSE PERSONNEL TO FUNCTION AND TO COMPLY 1,013
WITH THE REGULATIONS PERTAINING TO FIRST AID AND EMERGENCY 1,014
MEDICAL SERVICES THAT ARE ADOPTED UNDER THE "FEDERAL MINE SAFETY 1,018
AND HEALTH ACT OF 1977," 91 STAT. 1290, 30 U.S.C.A. 801, AND 1,022
AMENDMENTS TO IT, INCLUDING, WITHOUT LIMITATION, A PORTABLE 1,023
OXYGEN CYLINDER WITH A MEDICAL REGULATOR AND OXYGEN DELIVERY 1,024
SYSTEM.
(D) The operator of a strip mine where fewer than 1,026
twenty-five persons are employed on a shift, including all 1,027
persons working at different locations of the mine within a 1,028
ten-mile radius, or where twenty-five or more persons are 1,029
employed on a shift at different locations of the mine that are 1,030
dispersed by distances greater than ten miles, shall provide for 1,031
24
the services of emergency medical service organizations to be 1,032
available on call to reach the mine where any employees are 1,033
working within thirty minutes to provide emergency medical 1,034
services and transportation to a hospital. The chief of the 1,035
division of mines and reclamation may grant a variance from this 1,036
requirement, if upon application, the operator shows that such 1,038
emergency medical service organizations are not available and 1,039
that he provides for the services of three EMTs-basic, EMTs-I, or 1,042
paramedics who are located, when on call, within ten miles of the 1,044
locations where employees are mining, or such other reasonable
distance as the chief may approve. 1,045
(E)(1) A SUPERVISORY EMPLOYEE AT A SURFACE MINE SHALL BE 1,047
CONSIDERED TO BE A FIRST AID PROVIDER FOR THE PURPOSES OF THIS 1,049
SECTION IF THE EMPLOYEE HAS RECEIVED FROM AN INSTRUCTOR APPROVED 1,050
BY THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION TEN HOURS 1,051
OF INITIAL FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE 1,052
UNDER 30 C.F.R. 77.1703 AND RECEIVES FIVE HOURS OF REFRESHER 1,054
FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE UNDER 30 1,056
C.F.R. 77.1705 IN EACH SUBSEQUENT CALENDAR YEAR. 1,057
(2) EACH MINER EMPLOYED AT A SURFACE MINE WHO IS NOT A 1,059
FIRST AID PROVIDER SHALL RECEIVE FROM AN INSTRUCTOR APPROVED BY 1,060
THE CHIEF THREE HOURS OF INITIAL FIRST AID TRAINING AND TWO HOURS 1,061
OF REFRESHER FIRST AID TRAINING IN EACH SUBSEQUENT CALENDAR YEAR. 1,062
(3) THE TRAINING RECEIVED IN ACCORDANCE WITH DIVISION (D) 1,064
OF THIS SECTION SHALL CONSIST OF A COURSE OF INSTRUCTION 1,065
ESTABLISHED IN THE MANUAL ISSUED BY THE MINE SAFETY AND HEALTH 1,066
ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF LABOR ENTITLED 1,068
"FIRST AID, A BUREAU OF MINES INSTRUCTION MANUAL" OR ITS 1,072
SUCCESSOR OR ANY OTHER CURRICULUM APPROVED BY THE CHIEF. THE 1,073
TRAINING SHALL BE INCLUDED IN THE HOURS OF INSTRUCTION PROVIDED 1,074
TO MINERS IN ACCORDANCE WITH TRAINING REQUIREMENTS ESTABLISHED 1,075
UNDER 30 C.F.R. PART 48, SUBPART (B), AS AMENDED, AND 30 C.F.R. 1,079
PART 77, AS AMENDED. 1,080
(E) EACH OPERATOR OF A SURFACE MINE SHALL ESTABLISH, KEEP 1,082
25
CURRENT, AND MAKE AVAILABLE FOR INSPECTION AN EMERGENCY MEDICAL 1,083
PLAN THAT INCLUDES THE TELEPHONE NUMBERS OF THE DIVISION OF MINES 1,085
AND RECLAMATION AND OF AN EMERGENCY MEDICAL SERVICES ORGANIZATION 1,086
THE SERVICES OF WHICH ARE REQUIRED TO BE RETAINED UNDER DIVISION 1,087
(C) OF THIS SECTION. THE CHIEF SHALL ADOPT RULES IN ACCORDANCE 1,088
WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH ANY 1,090
ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN AN EMERGENCY
MEDICAL PLAN. 1,091
(F) Each operator of an underground mine or strip SURFACE 1,094
mine shall provide or contract to obtain emergency medical 1,095
services TRAINING OR FIRST AID training, AS APPLICABLE, at the 1,096
operator's expense, THAT IS sufficient to train and maintain the 1,098
certification of the number of employees necessary to comply with 1,099
DIVISION (B) OF this section AND THAT IS SUFFICIENT TO TRAIN 1,100
EMPLOYEES AS REQUIRED UNDER DIVISION (D) OF THIS SECTION AND TO 1,101
COMPLY WITH DIVISION (C) OF THIS SECTION.
(F)(G) The division of mines and reclamation may provide 1,104
emergency medical services training for mine employees by 1,105
operating an emergency medical services training program 1,106
accredited under section 4765.17 of the Revised Code or by 1,107
contracting with the operator of an emergency medical services 1,108
training program accredited under that section to provide such 1,109
THAT training. The division of mines and reclamation may charge 1,111
mine operators a uniform part of the unit cost per trainee. 1,112
(G)(H) No operator shall violate or fail to comply with 1,114
this section. 1,115
Sec. 6111.044. Upon receipt of an application for an 1,124
injection well drilling permit, an injection well operating 1,125
permit, a renewal of an injection well operating permit, or a 1,126
modification of an injection well drilling permit, operating 1,127
permit, or renewal of an operating permit, the director of 1,128
environmental protection shall determine whether the application 1,129
is complete and demonstrates that the activities for which the 1,130
permit, renewal permit, or modification is requested will comply 1,131
26
with the "Federal Water Pollution Control Act" and regulations 1,132
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 1,133
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 1,134
under it; and this chapter and the rules adopted under it. If 1,135
the application demonstrates that the proposed activities will 1,136
not comply or will pose an unreasonable risk of inducing seismic 1,137
activity, inducing geologic fracturing, or contamination of an 1,138
underground source of drinking water, he THE DIRECTOR shall deny 1,139
the application. If the application does not make the required 1,141
demonstrations, he THE DIRECTOR shall return it to the applicant 1,142
with an indication of those matters about which a required 1,144
demonstration was not made. If he THE DIRECTOR determines that 1,145
the application makes the required demonstrations, he THE 1,147
DIRECTOR shall transmit copies of the application and all of the 1,149
accompanying maps, data, samples, and information to the chief of 1,150
the division of oil and gas, the chief of the division of 1,151
geological survey, the chief of the division of water, and, if 1,152
the well is or is to be located in a coal-bearing township, the 1,153
chief of the division of mines and reclamation IN THE DEPARTMENT 1,154
OF NATURAL RESOURCES.
The chief of the division of geological survey shall 1,156
comment upon the application if he THE CHIEF determines that the 1,157
proposed well or injection will present an unreasonable risk of 1,159
loss or damage to valuable mineral resources. If the chief 1,160
submits comments on the application, those comments shall be 1,161
accompanied by an evaluation of the geological factors upon which 1,162
the comments are based, including fractures, faults, earthquake 1,163
potential, and the porosity and permeability of the injection 1,164
zone and confining zone, and by the documentation supporting the 1,165
evaluation. The director shall take into consideration the 1,166
chief's comments, and the accompanying evaluation of geologic 1,167
factors and supporting documentation, when considering the 1,168
application. The director shall provide written notice to the 1,169
chief of his THE DIRECTOR'S decision on the application and, if 1,170
27
the chief's comments are not included in the permit, renewal 1,172
permit, or modification, of the director's rationale for not 1,173
including them.
The chief of the division of oil and gas shall comment upon 1,175
the application if he THE CHIEF determines that the proposed well 1,177
or injection will present an unreasonable risk that waste or 1,178
contamination of recoverable oil or gas in the earth will occur. 1,179
If the chief submits comments on the application, those comments 1,180
shall be accompanied by an evaluation of the oil or gas reserves 1,181
that, in the best professional judgment of the chief, are 1,182
recoverable and will be adversely affected by the proposed well 1,183
or injection, and by the documentation supporting the evaluation. 1,184
The director shall take into consideration the chief's comments, 1,185
and the accompanying evaluation and supporting documentation, 1,186
when considering the application. The director shall provide 1,187
written notice to the chief of his THE DIRECTOR'S decision on the 1,189
application and, if the chief's comments are not included in the 1,190
permit, renewal permit, or modification, of the director's 1,191
rationale for not including them. 1,192
The chief of the division of water shall assist the 1,194
director in determining whether all underground sources of 1,195
drinking water in the area of review of the proposed well or 1,196
injection have been identified and correctly delineated in the 1,197
application. If the application fails to identify or correctly 1,198
delineate any such AN underground source of drinking water, the 1,199
chief shall provide written notice of that fact to the director. 1,200
The chief of the division of mines and reclamation shall 1,202
review the application as follows: 1,203
If the application concerns the drilling or conversion of a 1,205
well or the injection into a well which THAT is not or is not to 1,206
be located within five thousand feet of the excavation and 1,207
workings of a mine, the chief of the division of mines and 1,209
reclamation shall note upon the application that it has been 1,210
examined by the division of mines and reclamation, retain a copy 1,212
28
of the application and map, and immediately return a copy of the 1,213
application to the director.
If the application concerns the drilling or conversion of a 1,215
well or the injection into a well which THAT is or is to be 1,216
located within five thousand feet, but more than five hundred 1,218
feet from the surface excavations and workings of a mine, the 1,219
chief of the division of mines and reclamation shall immediately 1,221
SHALL notify the owner or lessee of the mine that the application 1,222
has been filed and send to the owner or lessee a copy of the map 1,223
accompanying the application setting forth the location of the 1,224
well. The chief of the division of mines and reclamation shall 1,225
note on the application that the notice has been sent to the 1,227
owner or lessee of the mine, retain a copy of the application and 1,228
map, and immediately return a copy of the application to the 1,229
director with his THE CHIEF'S notation thereon ON IT. 1,230
If the application concerns the drilling or conversion of a 1,232
well or the injection into a well which THAT is or is to be 1,233
located within five thousand feet of the underground excavations 1,235
and workings of a mine or within five hundred feet of the surface 1,236
excavations and workings of a mine, the chief of the division of 1,238
mines and reclamation shall immediately SHALL notify the owner or 1,239
lessee of the mine that the application has been filed and send 1,240
to the owner or lessee a copy of the map accompanying the 1,241
application setting forth the location of the well. If the owner 1,242
or lessee objects to the application, he THE OWNER OR LESSEE 1,243
shall notify the chief of the division of mines and reclamation 1,245
of the objection, giving the reasons therefor, within six days 1,246
after the receipt of the notice. If the chief of the division of 1,247
mines and reclamation receives no objections from the owner or 1,248
lessee of the mine within ten days after the receipt of the 1,249
notice by the owner or lessee, or if in the opinion of the chief 1,250
of the division of mines and reclamation the objections offered 1,251
by the owner or lessee are not sufficiently well-founded, he THE 1,253
CHIEF shall retain a copy of the application and map and return a 1,255
29
copy of the application to the director with any applicable notes 1,256
concerning it.
If the chief of the division of mines and reclamation 1,258
receives an objection from the owner or lessee of the mine as to 1,259
the application, within ten days after receipt of the notice by 1,260
the owner or lessee, and if in the opinion of the chief the 1,261
objection is well-founded, he THE CHIEF shall disapprove the 1,262
application and immediately return it to the director together 1,264
with his THE CHIEF'S reasons for the disapproval. The director 1,266
shall promptly SHALL notify the applicant for the permit, renewal 1,268
permit, or modification, of the disapproval. The applicant may 1,269
appeal the disapproval of the application by the chief of the 1,270
division of mines and reclamation to the mine examining board 1,271
created under section 1561.10 of the Revised Code, AND THE BOARD 1,273
SHALL HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 1,274
REVISED CODE. The appeal shall be filed within thirty days from
the date the applicant receives notice of the disapproval. No 1,275
comments concerning or disapproval of an application shall be 1,276
delayed by the chief of the division of mines and reclamation for 1,277
more than fifteen days from the date of sending of notice to the 1,278
mine owner or lessee as required by this section. 1,279
The director shall not approve an application for an 1,281
injection well drilling permit, an injection well operating 1,282
permit, a renewal of an injection well operating permit, or a 1,283
modification of an injection well drilling permit, operating 1,284
permit, or renewal of an operating permit for a well which THAT 1,285
is or is to be located within three hundred feet of any opening 1,286
of any mine used as a means of ingress, egress, or ventilation 1,287
for persons employed therein IN THE MINE, nor within one hundred 1,288
feet of any building or flammable structure connected therewith 1,289
WITH THE MINE and actually used as a part of the operating 1,290
equipment of the mine, unless the chief of the division of mines 1,292
and reclamation determines that life or property will not be 1,294
endangered by drilling and operating the well in that location. 1,295
30
Upon review by the chief of the division of oil and gas, 1,297
the chief of the division of geological survey, and the chief of 1,298
the division of water, and if the chief of the division of mines 1,300
and reclamation has not disapproved the application, the director 1,301
shall issue a permit, renewal permit, or modification with such 1,302
ANY terms and conditions as THAT may be necessary to comply with 1,303
the "Federal Water Pollution Control Act" and regulations adopted 1,305
under it; the "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 1,306
U.S.C.A. 300(f) as amended, and regulations adopted under it; and 1,307
this chapter and the rules adopted under it. The director shall 1,308
not issue a permit, renewal permit, or modification to an 1,309
applicant if the applicant or persons associated with the 1,310
applicant have engaged in or are engaging in a substantial 1,311
violation of this chapter that is endangering or may endanger 1,312
human health or the environment or if, in the case of an 1,313
applicant for an injection well drilling permit, the applicant, 1,314
at the time of applying for the permit, did not hold an injection 1,315
well operating permit or renewal of an injection well drilling 1,316
permit and failed to demonstrate sufficient expertise and 1,317
competency to operate the well in compliance with the applicable 1,318
provisions of this chapter. 1,319
If the director receives a disapproval from the chief of 1,321
the division of mines and reclamation regarding an application 1,323
for an injection well drilling or operating permit, renewal 1,324
permit, or modification, if required, he THE DIRECTOR shall issue 1,325
an order denying the application. 1,327
The director need not issue a proposed action under section 1,329
3745.07 of the Revised Code or hold an adjudication hearing under 1,330
that section and Chapter 119. of the Revised Code before issuing 1,331
or denying a permit, renewal permit, or modification of a permit 1,332
or renewal permit. Before issuing or renewing a permit to drill 1,333
or operate a class I injection well or a modification thereof OF 1,334
IT, the director shall propose the permit, renewal permit, or 1,335
modification in draft form and shall hold a public hearing to 1,336
31
receive public comment on the draft permit, renewal permit, or 1,337
modification. At least fifteen days before the public hearing on 1,338
a draft permit, renewal permit, or modification, the director 1,339
shall publish notice of the date, time, and location of the 1,340
public hearing in at least one newspaper of general circulation 1,341
serving the area where the well is or is to be located. The 1,342
proposing of such a draft permit, renewal permit, or modification 1,343
does not constitute the issuance of a proposed action under 1,344
section 3745.07 of the Revised Code, and the holding of the 1,345
public hearing on such a draft permit, renewal permit, or 1,346
modification does not constitute the holding of an adjudication 1,347
hearing under that section and Chapter 119. of the Revised Code. 1,348
Appeals of orders other than orders of the chief of the division 1,350
of mines and reclamation shall be taken under sections 3745.04 to 1,351
3745.08 of the Revised Code. 1,352
The director may order that an injection well drilling 1,354
permit or an injection well operating permit or renewal permit be 1,355
suspended and that activities thereunder UNDER IT cease if he 1,356
determines AFTER DETERMINING that those activities are occurring 1,357
in violation of law, rule, order, or term or condition of the 1,360
permit. Upon service of a copy of the order upon the permit 1,361
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,363
the permit and activities thereunder UNDER IT shall be 1,364
immediately suspended IMMEDIATELY without prior hearing and shall 1,365
remain suspended until the violation is corrected and the order 1,366
of suspension is lifted. If a violation is the second within a 1,367
one-year period, the director, after a hearing, may revoke the 1,368
permit. 1,369
The director may order that an injection well drilling 1,371
permit or an injection well operating permit or renewal permit be 1,372
suspended and that activities thereunder UNDER IT cease if he THE 1,374
DIRECTOR has reasonable cause to believe that the permit would 1,375
not have been issued if the information available at the time of 1,376
suspension had been available at the time a determination was 1,377
32
made by one of the agencies acting under authority of this 1,378
section. Upon service of a copy of the order upon the permit 1,379
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,381
the permit and activities thereunder UNDER IT shall be 1,382
immediately suspended IMMEDIATELY without prior hearing, but a 1,383
permit may not be suspended for that reason without prior hearing 1,384
unless immediate suspension is necessary to prevent waste or 1,385
contamination of oil or gas, comply with the "Federal Water 1,386
Pollution Control Act" and regulations adopted under it; the 1,387
"Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 1,388
300(f), as amended, and regulations adopted under it; and this 1,389
chapter and the rules adopted under it, or prevent damage to 1,390
valuable mineral resources, prevent contamination of an 1,391
underground source of drinking water, or prevent danger to human 1,392
life or health. If after a hearing the director determines that 1,393
the permit would not have been issued if the information 1,394
available at the time of the hearing had been available at the 1,395
time a determination was made by one of the agencies acting under 1,396
authority of this section, he THE DIRECTOR shall revoke the 1,397
permit. 1,398
When a permit has been revoked, the permit holder or other 1,400
person responsible therefor shall FOR IT immediately SHALL plug 1,402
the well in the manner required by the director.
The director may issue orders to prevent or require 1,404
cessation of violations of this section, section 6111.043, 1,405
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 1,406
adopted thereunder UNDER ANY OF THOSE SECTIONS, and terms or 1,407
conditions of permits issued thereunder UNDER ANY OF THEM. Such 1,409
THE orders may require the elimination of conditions caused by 1,411
the violation.
Section 2. That existing sections 1509.08, 1513.13, 1,413
1561.10, 1561.35, 1561.51, 1563.13, 1565.15, and 6111.044 of the 1,414
Revised Code are hereby repealed. 1,415
Section 3. The enactment by this act of amendments to 1,417
33
section 1561.10 of the Revised Code regarding the qualifications 1,419
of members of the Mine Examining Board is not intended to require 1,420
the replacement of members of the board on the effective date of 1,421
this act, but to establish requirements for filling vacancies 1,422
occurring in the board's membership on and after the effective 1,423
date of this act.
Section 4. Section 1565.15 of the Revised Code is 1,425
presented in this act as a composite of the section as amended by 1,426
both Am. Sub. S.B. 150 and Am. Sub. S.B. 162 of the 121st General 1,427
Assembly, with the new language of neither of the acts shown in 1,429
capital letters. This is in recognition of the principle stated 1,430
in division (B) of section 1.52 of the Revised Code that such 1,431
amendments are to be harmonized where not substantively 1,432
irreconcilable and constitutes a legislative finding that such is 1,433
the resulting version in effect prior to the effective date of 1,434
this act.