As Reported by House Agriculture and Natural Resources 1
123rd General Assembly 4
Regular Session Am. H. B. No. 384 5
1999-2000 6
REPRESENTATIVE HOUSEHOLDER-HAINES-WILLAMOWSKI-BUCHY-HARRIS-OGG- 8
SULZER-CORE 9
_________________________________________________________________ 10
A B I L L
To amend sections 1509.08, 1513.13, 1561.10, 12
1561.35, 1561.51, 1563.13, 1565.15, and 6111.044, 13
to enact sections 1561.351, 1561.53, 1561.54, and 14
1561.55, and to repeal sections 1561.41, 1561.42,
1561.43, 1561.44, 1565.17, 1565.18, 1565.19, 15
1565.20, 1565.21, 1565.22, 1565.23, 1567.28, 16
1567.29, 1567.37, 1567.56, and 1567.64 of the
Revised Code to revise qualifications for 18
membership on the Mine Examining Board, to
clarify provisions governing appeals involving 19
the Board, to revise qualifications for first aid
providers who must be on duty at surface mines, 20
to require all surface miners to receive first 21
aid training, and to make other changes governing 22
mine safety and operation, including the
elimination of certain provisions involving 23
weighing and measuring and explosions at coal
mines.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 1509.08, 1513.13, 1561.10, 27
1561.35, 1561.51, 1563.13, 1565.15, and 6111.044 be amended and 28
sections 1561.351, 1561.53, 1561.54, and 1561.55 of the Revised 29
Code be enacted to read as follows: 30
Sec. 1509.08. Upon receipt of an application for a permit 39
required by section 1509.05 of the Revised Code, or upon receipt 40
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of an application for a permit to plug and abandon under section 41
1509.13 of the Revised Code, the chief of the division of oil and 42
gas shall determine whether the well is or is to be located in a 43
coal bearing township. 44
Whether or not the well is or is to be located in a coal 46
bearing township, the chief, by order, may refuse to issue a 47
permit required by section 1509.05 of the Revised Code to any 48
applicant who at the time of applying for the permit is in 49
material or substantial violation of this chapter or rules 50
adopted or orders issued thereunder UNDER IT. The chief shall 51
refuse to issue a permit to any applicant who at the time of 53
applying for the permit has been found liable by a final 54
nonappealable order of a court of competent jurisdiction for 55
damage to streets, roads, highways, bridges, culverts, or 56
drainways pursuant to section 4513.34 or 5577.12 of the Revised 57
Code until the applicant provides the chief with evidence of 58
compliance with the order. No applicant shall attempt to 59
circumvent this provision by applying for a permit under a 60
different name or business organization name, by transferring 61
responsibility to another person or entity, by abandoning the 62
well or lease, or by any other similar act. 63
If the well is not or is not to be located in a coal 65
bearing township, or if it is to be located in a coal bearing 66
township, but the landowner submits an affidavit that he owns 67
ATTESTING TO OWNERSHIP OF the property in fee simple, including 68
the coal, and has no objection to the well, the chief shall issue 69
the permit.
If the application to drill, reopen, or convert concerns a 71
well which THAT is or is to be located in a coal bearing 72
township, the chief of the division of oil and gas shall transmit 73
to the chief of the division of mines and reclamation two copies 74
of the application and three copies of the map required in 75
section 1509.06 of the Revised Code;, except that, when the 76
affidavit with the waiver of objection described in the preceding 77
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paragraph is submitted, the chief of the division of oil and gas 78
shall not transmit such THE copies. 79
The chief of the division of mines and reclamation shall 81
immediately SHALL notify the owner or lessee of any affected mine 82
that the application has been filed and send to the owner or 84
lessee two copies of the map accompanying the application setting 85
forth the location of the well. 86
If the owner or lessee objects to the location of the well 88
or objects to any location within fifty feet of the original 89
location as a possible site for relocation of the well, he THE 90
OWNER OR LESSEE shall notify the chief of the division of mines 91
and reclamation of the objection, giving the reasons therefor FOR 92
THE OBJECTION and, if applicable, indicating on a copy of the map 93
the particular location or locations within fifty feet of the 95
original location to which he THE OWNER OR LESSEE objects as a 96
site for possible relocation of the well, within six days after
the receipt of the notice. If the chief of the division of mines 97
and reclamation receives no objections from the owner or lessee 98
of the mine within ten days after the receipt of the notice by 99
the owner or lessee, or if in the opinion of the chief of the 100
division of mines and reclamation the objections offered by the 101
owner or lessee are not sufficiently well founded, he shall THE 102
CHIEF immediately SHALL notify the owner or lessee of his THOSE 103
findings. The owner or lessee may appeal the decision of the 104
chief of the division of mines and reclamation to the mine 105
examining board created under section 1561.10 of the Revised 106
Code. The appeal shall be filed within fifteen days from the 107
date on which the owner or lessee receives the notice. If the 108
appeal is not filed within that time, the chief of the division 109
of mines and reclamation shall immediately SHALL approve the 110
application, retain a copy of the application and map, and return 112
a copy of the application to the chief of the division of oil and 113
gas with his THE approval noted thereon ON IT. Thereupon the THE 115
chief of the division of oil and gas THEN shall issue the permit 116
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if the provisions of this chapter pertaining to the issuance of 118
such a permit have been complied with. 119
If the chief of the division of mines and reclamation 121
receives an objection from the owner or lessee of the mine as to 122
the location of the well within ten days after receipt of the 123
notice by the owner or lessee, and if in the opinion of the chief 124
the objection is well founded, he THE CHIEF shall disapprove the 125
application and immediately return it to the chief of the 127
division of oil and gas together with his THE reasons for 128
disapproval and a suggestion for a new location for the well, 129
provided that the suggested new location shall not be a location 130
within fifty feet of the original location to which the owner or 131
lessee has objected as a site for possible relocation of the well 132
if the chief has determined that the objection is well founded. 133
The chief of the division of oil and gas shall immediately SHALL 134
notify the applicant for the permit of the disapproval and any 136
suggestion made by the chief of the division of mines and 137
reclamation as to a new location for the well. The applicant may 138
withdraw his THE application or amend his THE application to 140
drill the well at the location suggested by the chief of the
division of mines and reclamation, or he THE APPLICANT may appeal 142
the disapproval of the application by the chief of the division 143
of mines and reclamation to the mine examining board created 144
under section 1561.10 of the Revised Code. 145
If the chief of the division of mines and reclamation 147
receives no objection from the owner or lessee of a mine as to 148
the location of the well, but does receive an objection from the 149
owner or lessee as to one or more locations within fifty feet of 150
the original location as possible sites for relocation of the 151
well within ten days after receipt of the notice by the owner or 152
lessee, and if in the opinion of the chief the objection is well 153
founded, he shall THE CHIEF nevertheless SHALL approve the 154
application and shall immediately return it IMMEDIATELY to the 155
chief of the division of oil and gas together with his THE 157
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reasons for disapproving any of the locations to which the owner 158
or lessee objects as possible sites for relocation of the well. 159
Thereupon the THE chief of the division of oil and gas THEN shall 160
issue a permit, if the provisions of this chapter pertaining to 161
the issuance of such a permit have been complied with, 162
incorporating as a term or condition of the permit that the
applicant is prohibited from commencing drilling at any location 163
within fifty feet of the original location that has been 164
disapproved by the chief of the division of mines and 165
reclamation. The applicant may appeal to the mine examining 166
board the terms and conditions of the permit prohibiting the 167
commencement of drilling at any such location disapproved by the 168
chief of the division of mines and reclamation. 169
Any such appeal shall be filed within fifteen days from the 171
date the applicant receives notice of the disapproval of his THE 172
application, any other location within fifty feet of the original 173
location, or terms or conditions of the permit, or the owner or 174
lessee receives notice of the chief's decision. No approval or 175
disapproval of an application shall be delayed by the chief of 176
the division of mines and reclamation for more than fifteen days 177
from the date of sending the notice of the application to the 178
mine owner or lessee as required by this section. 179
All appeals provided for in this section shall be treated 181
as expedited appeals. The mine examining board shall hear any 182
such appeal IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 183
CODE and render a decision within thirty days of the filing of 184
the appeal.
The chief of the division of oil and gas shall not issue a 186
permit to drill a new well or reopen a well which THAT is or is 187
to be located within three hundred feet of any opening of any 188
mine used as a means of ingress, egress, or ventilation for 189
persons employed therein IN THE MINE, nor within one hundred feet 190
of any building or inflammable structure connected therewith WITH 192
THE MINE and actually used as a part of the operating equipment 193
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of the mine, unless the chief of the division of mines and 195
reclamation determines that life or property will not be 196
endangered by drilling and operating the well in that location. 197
The chief of the division of mines and reclamation may 199
suspend the drilling or reopening of a well in a coal bearing 200
township if he determines AFTER DETERMINING that the drilling or 201
reopening activities present an imminent and substantial threat 202
to public health or safety or to miners' health or safety and he 203
has HAVING been unable to contact the chief of the division of 205
oil and gas to request an order of suspension under section 206
1509.06 of the Revised Code. Before issuing a suspension order 207
for this purpose, the chief of the division of mines and 208
reclamation shall notify the owner in such A manner as THAT in 209
the chief's judgment would provide reasonable notification that 210
he THE CHIEF intends to issue a suspension order. The chief may 211
issue such an order without prior notification if reasonable 212
attempts to notify the owner have failed, but in that event 213
notification shall be given as soon thereafter as practical. 214
Within five calendar days after the issuance of the order, the 215
chief shall provide the owner an opportunity to be heard and to 216
present evidence that the activities do not present an imminent 217
and substantial threat to public health or safety or to miners' 218
health or safety. If, after considering the evidence presented 219
by the owner, the chief determines that the activities do not 220
present such a threat, he THE CHIEF shall revoke the suspension 221
order. An owner may appeal a suspension order issued by the 222
chief of the division of mines and reclamation under this section 223
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 224
located.
Sec. 1513.13. (A)(1) A PERSON HAVING AN INTEREST THAT IS 233
OR MAY BE ADVERSELY AFFECTED BY A FINDING OR DETERMINATION OF THE 235
CHIEF OF THE DIVISION OF MINES AND RECLAMATION MADE UNDER SECTION 236
1509.08, 1561.35, 1561.351, 1563.13, OR 6111.044 OF THE REVISED 239
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CODE OR AN INVESTIGATION MADE BY THE CHIEF UNDER SECTION 1561.51 240
OF THE REVISED CODE MAY APPEAL TO THE MINE EXAMINING BOARD IN 243
ACCORDANCE WITH THOSE SECTIONS. Any OTHER person having an 245
interest that is or may be adversely affected by a notice of 246
violation, order, or decision of the chief of the division of 247
mines and reclamation, except OTHER THAN a show cause order or an 249
order that adopts a rule, or by any modification, vacation, or 250
termination of such a notice, order, or decision, may appeal by 251
filing a notice of appeal with the reclamation commission for 252
review of the notice, order, or decision within thirty days after 254
the notice, order, or decision is served upon the person or 255
within thirty days after its modification, vacation, or 256
termination and by filing a copy of the notice of appeal with the 257
chief within three days after filing the notice of appeal with 258
the commission. The notice of appeal shall contain a copy of the 260
notice of violation, order, or decision complained of and the 261
grounds upon which the appeal is based. The commission has 262
exclusive original jurisdiction to hear and decide such appeals. 264
The filing of a notice of appeal under this division (A)(1) OF 265
THIS SECTION does not operate as a stay of any order, notice of 266
violation, or decision of the chief. 267
(2) The permittee, the chief, and other interested persons 269
shall be given written notice of the time and place of the 270
hearing at least five days prior thereto. The hearing shall be 271
of record. 272
(3) Any person authorized under this section to appeal to 274
the commission may request an informal review by the chief or the 276
chief's designee by filing a written request with the chief 277
within thirty days after a notice, order, decision, modification, 278
vacation, or termination is served upon the person. Filing of 279
the written request shall toll the time for appeal before the 280
commission, but shall not operate as a stay of any order, notice 282
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 283
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commission under this section. 284
(B) The commission shall affirm the notice of violation, 286
order, or decision of the chief unless the commission determines 288
that it is arbitrary, capricious, or otherwise inconsistent with 289
law; in that case the commission may modify the notice of 290
violation, order, or decision or vacate it and remand it to the 292
chief for such further proceedings as THAT the commission may 293
direct. 294
The commission shall conduct hearings and render decisions 296
in a timely fashion, except that ALL OF THE FOLLOWING APPLY: 297
(1) When the appeal concerns an order for the cessation of 299
coal mining and reclamation operations issued pursuant to 300
division (D)(1) or (2) of section 1513.02 of the Revised Code, 301
the commission shall issue its written decision within thirty 303
days after the receipt of the appeal unless temporary relief has 304
been granted by the chairperson pursuant to division (C) of this 306
section;
(2) When the appeal concerns an application for a permit 308
under division (I) of section 1513.07 of the Revised Code, the 309
commission shall hold a hearing within thirty days after receipt 311
of the notice of appeal and issue its decision within thirty days 312
after the hearing; 313
(3) When the appeal concerns a decision of the chief 315
regarding release of bond under division (F) of section 1513.16 316
of the Revised Code, the commission shall hold a hearing within 318
thirty days after receipt of the notice of appeal and issue its 319
decision within sixty days after the hearing. 320
(C) The chairperson of the commission, under conditions 323
the chairperson prescribes, may grant temporary relief the 325
chairperson considers appropriate pending final determination of 326
an appeal if all of the following conditions are met: 327
(1) All parties to the appeal have been notified and given 329
an opportunity for a hearing to be held in the locality of the 330
subject site on the request for temporary relief and the 331
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opportunity to be heard on the request; 332
(2) The person requesting relief shows that there is a 334
substantial likelihood that the person will prevail on the 335
merits; 336
(3) The relief will not adversely affect public health or 338
safety or cause significant imminent environmental harm to land, 339
air, or water resources. 340
The chairperson shall issue a decision expeditiously, 342
except that when the applicant requests relief from an order for 343
the cessation of coal mining and reclamation operations issued 344
pursuant to division (D)(1) or (2) of section 1513.02 of the 345
Revised Code, the decision shall be issued within five days after 346
its receipt. 347
Any party to an appeal filed with the commission who is 349
aggrieved or adversely affected by a decision of the chairperson 351
to grant or deny temporary relief under this section may appeal 352
that decision to the commission. The commission may confine its 354
review to the record developed at the hearing before the 355
chairperson.
The appeal shall be filed with the commission within thirty 358
days after the chairperson issues the decision on the request for 360
temporary relief. The commission shall issue a decision as 362
expeditiously as possible, except that when the appellant 363
requests relief from an order for the cessation of coal mining 364
and reclamation operations issued pursuant to division (D)(1) or 365
(2) of section 1513.02 of the Revised Code, the decision of the 366
commission shall be issued within five days after receipt of the 368
notice of appeal.
The commission shall affirm the decision of the chairperson 371
granting or denying temporary relief unless it determines that 372
the decision is arbitrary, capricious, or otherwise inconsistent 373
with law. 374
(D) Following the issuance of an order to show cause as to 376
why a permit should not be suspended or revoked pursuant to 377
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division (D)(3) of section 1513.02 of the Revised Code, the chief 378
or a representative of the chief shall hold a public adjudicatory 380
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 381
Within sixty days following the public hearing, the chief 383
shall issue and furnish to the permittee and all other parties to 384
the hearing a written decision, and the reasons therefor, 385
concerning suspension or revocation of the permit. If the chief 386
revokes the permit, the permittee immediately shall cease coal 387
mining operations on the permit area and shall complete 388
reclamation within a period specified by the chief, or the chief 389
shall declare as forfeited the performance bonds for the 390
operation. 391
(E)(1) Whenever an enforcement order or permit decision is 393
appealed under this section or any action is filed under division 394
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 395
request of a prevailing party, a sum equal to the aggregate 397
amount of all costs and expenses, including attorney's fees, as 398
determined to have been necessary and reasonably incurred by the 399
prevailing party for or in connection with participation in the 400
enforcement proceedings before the commission, the court under 401
section 1513.15 of the Revised Code, or the chief under section 403
1513.39 of the Revised Code, may be awarded, as considered 404
proper, in accordance with divisions (E)(1)(a) to (c) of this 405
section. In no event shall attorney's fees awarded under this 406
section exceed, for the kind and quality of services, the 407
prevailing market rates at the time the services were furnished 408
under division (A) of this section. A party may be entitled to 409
costs and expenses related solely to the preparation, defense, 410
and appeal of a petition for costs and expenses, provided the 411
costs and expenses are limited and proportionate to costs and 412
expenses otherwise allowed under division (E) of this section. 413
(a) A party, other than the permittee or the division of 415
mines and reclamation, shall file a petition, if any, for an 416
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award of costs and expenses, including attorney's fees, with the 418
chief, who shall review the petition. If the chief finds that 419
the party, other than the permittee or the division of mines and 420
reclamation, prevailed in whole or in part, made a substantial 422
contribution to a full and fair determination of the issues, and 423
made a contribution separate and distinct from the contribution 424
made by any other party, the chief may award to that party the 425
party's costs and expenses, including attorney's fees that were 426
necessary and reasonably incurred by the party for, or in 427
connection with, participation in the proceeding before the 428
commission.
(b) If a permittee who made a request under this division 430
(E)(1) OF THIS SECTION demonstrates that a party other than a 431
permittee who initiated an appeal under this section or 433
participated in such an appeal initiated or participated in the 434
appeal in bad faith and for the purpose of harassing or 435
embarrassing the permittee, the permittee may file a petition 436
with the chief. The chief may award to the permittee the costs 437
and expenses reasonably incurred by the permittee in connection 438
with participation in the appeal and assess those costs and 439
expenses against the party who initiated the appeal.
(c) The division of mines and reclamation may file, with 441
the commission, a request for an award to the division of the 442
costs and expenses reasonably incurred by the division in 444
connection with an appeal initiated under this section. The 445
commission may assess those costs and expenses against the party 447
who initiated the appeal if the division demonstrates that the 448
party initiated or participated in the appeal in bad faith and 449
for the purpose of harassing or embarrassing the division. 450
(2) Whenever an order issued under this section or as a 452
result of any administrative proceeding under this chapter is the 453
subject of judicial review, at the request of any party, a sum 454
equal to the aggregate amount of all costs and expenses, 455
including attorney ATTORNEY'S fees, as determined by the court to 457
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have been necessary and reasonably incurred by the party for or 458
in connection with participation in the proceedings, may be 459
awarded to either party, in accordance with division (E)(1) of 460
this section, as the court, on the basis of judicial review, 461
considers proper.
Sec. 1561.10. (A) There is hereby created in the division 470
of mines and reclamation a " THE mine examining board" consisting 472
of three members to be appointed by the governor with the advice 473
and consent of the senate. Terms of office shall be for three 474
years, commencing on the eleventh day of September, and ending on 475
the tenth day of September. Each member shall hold office from 476
the date of his appointment until the end of the term for which 477
he THE MEMBER was appointed. Vacancies shall be filled by 479
appointment by the governor. Any member appointed to fill a 480
vacancy occurring prior to the expiration of the term for which 481
his THE MEMBER'S predecessor was appointed shall hold office for 483
the remainder of such THAT term. Any member shall continue in 485
office subsequent to the expiration date of his THE MEMBER'S term 486
until his THE MEMBER'S successor takes office, or until a period 487
of sixty days has elapsed, whichever occurs first. The governor 488
may remove any member of the board for misconduct, incompetency, 489
neglect of duty, or for any other sufficient cause. 490
Not more than one ONE of the appointees to such THE board 493
shall be a person who, because of his previous vocation, 494
employment, or affiliation, can be classed as a representative of 495
the owner, operator, or lessee of a mine, and not more than one. 496
PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR SHALL REQUEST THE 498
MAJOR TRADE ASSOCIATION IN THIS STATE THAT REPRESENTS OWNERS, 499
OPERATORS, OR LESSEES OF COAL MINES TO SUBMIT TO THE GOVERNOR THE 500
NAMES AND QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL 501
APPOINT ONE OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE 502
PROVIDED IN THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN 503
FIVE YEARS OF PRACTICAL EXPERIENCE IN THE MINING INDUSTRY IN 504
POSITIONS IN WHICH THEY DEVELOPED COMPETENCE IN THE TOPICS OF 505
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MINE HEALTH AND SAFETY. THE MAJOR TRADE ASSOCIATION SHALL 506
REPRESENT A MEMBERSHIP THAT PRODUCED A LARGER QUANTITY OF COAL 507
MINED IN THIS STATE THAN THE MEMBERSHIP OF ANY OTHER TRADE 508
ASSOCIATION IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 509
APPOINTMENT IS MADE.
ONE of such THE appointees shall be a person who, because 512
of his previous vocation, employment, or affiliation, can be 513
classed as a representative of employees presently CURRENTLY 514
engaged in mining operations. Not PRIOR TO MAKING THE 516
APPOINTMENT, THE GOVERNOR SHALL REQUEST THE HIGHEST RANKING 517
OFFICER IN THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL 518
MINERS IN THIS STATE TO SUBMIT TO THE GOVERNOR THE NAMES AND 519
QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL APPOINT ONE 520
OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE PROVIDED IN 521
THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS 523
OF PRACTICAL EXPERIENCE IN DEALING WITH MINE HEALTH AND SAFETY 524
ISSUES AND AT THE TIME OF THE NOMINATION SHALL BE EMPLOYED IN 525
POSITIONS THAT INVOLVE THE PROTECTION OF THE HEALTH AND SAFETY OF 526
MINERS. THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL MINERS 527
SHALL REPRESENT A MEMBERSHIP CONSISTING OF THE LARGEST NUMBER OF 528
COAL MINERS IN THIS STATE COMPARED TO OTHER EMPLOYEE 529
ORGANIZATIONS IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 530
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO CAN BE CLASSED 533
AS A REPRESENTATIVE OF THE PUBLIC. EXCEPT AS OTHERWISE PROVIDED 534
IN THIS DIVISION, THE APPOINTEE SHALL HAVE NOT LESS THAN FIVE 535
YEARS OF TECHNICAL, PRACTICAL EXPERIENCE IN EITHER THE FIELD OF 536
MINE HEALTH AND SAFETY OR OCCUPATIONAL HEALTH AND SAFETY, OR 537
BOTH. FOR A PERIOD OF THREE YEARS PRIOR TO THE APPOINTMENT, THE 538
APPOINTEE SHALL NOT HAVE BEEN EMPLOYED IN THE MINING INDUSTRY. 539
AN APPOINTEE WHO HAS RECEIVED A BACHELOR'S DEGREE IN MINING 542
ENGINEERING OR TECHNOLOGY NEED NOT HAVE AT LEAST FIVE YEARS OF 543
PRACTICAL EXPERIENCE AS OTHERWISE PROVIDED IN THIS DIVISION, BUT 544
SHALL HAVE A TOTAL OF NOT LESS THAN THREE YEARS OF PRACTICAL 545
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EXPERIENCE IN THE MINING INDUSTRY IN A POSITION THAT PROVIDED THE 547
PERSON WITH PRACTICAL KNOWLEDGE OF MINE HEALTH AND SAFETY.
NOT more than two of the members of said THE board shall 549
belong to the same political party. The chief of the division of 551
mines and reclamation or the chief's designee shall be ex officio 552
secretary to the board. 553
(B) The board shall have full power TO DO BOTH OF THE 555
FOLLOWING: 556
(A) To adopt (1) ADOPT and enforce reasonable rules 558
relative to the exercise of its powers and proper rules to govern 560
its proceedings and to regulate the manner of appeals; 561
(B) To employ (2) EMPLOY experts, advisors, and 563
secretarial, clerical, stenographic, and other employees. 564
(C) Each member of the board shall receive a salary fixed 566
pursuant to division (J) of section 124.15 of the Revised Code 567
when actually performing the OFFICIAL duties of his office, and, 569
in addition thereto TO A SALARY, he EACH MEMBER shall be 570
reimbursed for all actual and necessary travel and incidental 572
expenses incurred in carrying out the OFFICIAL duties of his 573
office.
(D) The board shall elect from its members a chairman 575
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. A quorum of the 577
board shall consist of not less than two members, and no action 578
at any meeting shall be taken unless at least two votes are in 580
accord. The secretary of the board shall keep a true and 581
complete record of all the proceedings of the board. With the 582
approval of the board, the secretary may employ clerical 583
assistants. The board shall adopt all necessary rules, 584
regulations, and bylaws to govern its times and places of 585
meetings, for organization and reorganization, for holding all 586
examinations, and for governing all other matters requisite to 587
the exercise of its powers, the performance of its duties, and 588
the transaction of its business under this chapter and Chapters 589
1509., 1563., 1565., and 1567. of the Revised Code. The board
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shall adopt and have an official seal. 590
(E) EACH MEMBER OF THE BOARD SHALL COMPLETE THE ANNUAL 593
REFRESHER TRAINING REQUIRED FOR MINERS UNDER 30 C.F.R. 48.8 595
(1997). IN ADDITION TO THE ANNUAL REFRESHER TRAINING, EACH
MEMBER SHALL COMPLETE TWENTY-FOUR HOURS OF CONTINUING EDUCATION 596
DURING EACH MEMBER'S THREE-YEAR TERM OF OFFICE ON THE TOPICS OF 597
MINING TECHNOLOGY AND LAWS GOVERNING MINING HEALTH AND SAFETY. 599
Sec. 1561.35. If the deputy mine inspector finds that any 608
matter, thing, or practice connected with any mine and not 609
prohibited specifically by law, is dangerous or hazardous, or 610
that from a rigid enforcement of this chapter and Chapters 1509., 611
1563., 1565., and 1567. of the Revised Code, such THE matter, 612
thing, or practice would become dangerous and hazardous so as to 614
tend to the bodily injury of any person, such THE deputy mine 615
inspector shall forthwith SHALL give notice in writing to the 616
owner, lessee, or agent of the mine, of the particulars in which 618
he THE DEPUTY MINE INSPECTOR considers such THE mine or any 620
matter, thing, or practice connected therewith is dangerous or 621
hazardous and recommend such changes as THAT the conditions 622
require, and shall forthwith SHALL mail a copy of such THE report 623
and his THE DEPUTY MINE INSPECTOR'S recommendations to the chief 625
of the division of mines and reclamation. Upon receipt of such 626
THE report and recommendations, the chief shall forthwith SHALL 629
make a finding thereon and mail a copy to the owner, operator, 631
lessee, or agent of such THE mine, and to the deputy mine 633
inspector; a copy of such THE finding of the chief shall be 634
posted upon the bulletin board of the mine. Where the miners
have a mine safety committee, one additional copy shall be posted 635
on said THE bulletin board for the use and possession of the 636
committee. 637
The owner, operator, lessee, or agent of such THE mine, or 639
the authorized representative of the workers of such THE mine, 640
may within ten days MAY appeal to the mine examining board for a 641
review and redetermination of the finding of the chief in such 643
16
THE matter IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 644
CODE. A copy of the findings DECISION of the board shall be 645
mailed as required by this section for the mailing of the finding 647
by the chief on the deputy mine inspector's report. 648
Sec. 1561.351. A DEPUTY MINE INSPECTOR WHO MAKES A FINDING 650
CONCERNING A VIOLATION OF THIS CHAPTER OR CHAPTER 1563., 1565., 652
OR 1567. OR SECTION 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 653
1509.17, OR 1509.18 OF THE REVISED CODE THAT INVOLVES MINING 655
SAFETY SHALL NOTIFY THE CHIEF OF THE DIVISION OF MINES AND 656
RECLAMATION OF THE FINDING. THE CHIEF SHALL REVIEW THE 657
INSPECTOR'S FINDING, MAKE A WRITTEN DETERMINATION REGARDING IT, 658
AND PROVIDE A COPY OF THE WRITTEN DETERMINATION TO THE OWNER, 659
OPERATOR, LESSEE, OR AGENT OF THE MINE INVOLVED. THE CHIEF SHALL 660
PROVIDE A COPY OF THE WRITTEN DETERMINATION TO ANY OTHER 661
INTERESTED PARTY UPON REQUEST.
A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT OF 664
THE MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF THE 665
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 666
THE CHIEF'S DETERMINATION MAY APPEAL THE DETERMINATION, NOT LATER 667
THAN TEN DAYS AFTER RECEIVING NOTICE OF THE DETERMINATION, TO THE 668
MINE EXAMINING BOARD BY FILING A COPY OF THE CHIEF'S WRITTEN 669
DETERMINATION WITH THE BOARD. THE BOARD SHALL HEAR THE APPEAL IN 670
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. 671
Sec. 1561.51. When written charges of neglect of duty, 681
incompetency, or malfeasance in office against the deputy mine 682
inspector are filed with the chief of the division of mines and 683
reclamation, signed by not less than fifteen employees, or 684
otherwise as provided in section 1561.50 of the Revised Code, or 686
the owner, lessee, or agent of a mine, and the signers of such 687
THE charges are dissatisfied with the result of the investigation 688
made by the chief, they may appeal to the mine examining board by 690
filing the same charges against such THE deputy mine inspector 692
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 693
17
investigation of such charges, or may hold an open hearing 694
thereon HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 695
REVISED CODE. The board shall mail a written report COPY of the 696
result of such investigation or hearing, addressed ITS DECISION 697
to the complainant whose name appears first in the charges. 698
Sec. 1561.53. (A) AS USED IN THIS SECTION, "DECISION OF 701
THE CHIEF" INCLUDES A DECISION, DISAPPROVAL OF AN APPLICATION TO 702
DRILL A WELL, TERMS AND CONDITIONS OF A PERMIT, OR A SUSPENSION 703
ORDER ISSUED BY THE CHIEF OF THE DIVISION OF MINES AND 704
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 705
CODE; A DETERMINATION MADE BY THE CHIEF UNDER SECTION 1561.351 OF 706
THE REVISED CODE; A REPORT OF AN INVESTIGATION MADE BY THE CHIEF 707
UNDER SECTION 1561.51 OF THE REVISED CODE; OR DISAPPROVAL OF AN 708
APPLICATION FOR A PERMIT, RENEWAL PERMIT, OR MODIFICATION ISSUED
UNDER SECTION 6111.044 OF THE REVISED CODE. 709
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 712
THIS SECTION, THE MINE EXAMINING BOARD HAS EXCLUSIVE ORIGINAL 713
JURISDICTION TO HEAR AND DECIDE APPEALS MADE TO THE BOARD UNDER 714
SECTIONS 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, AND 715
6111.044 OF THE REVISED CODE. AN APPEAL MADE UNDER THOSE 716
SECTIONS DOES NOT OPERATE AS A STAY OF ANY DECISION OF THE CHIEF. 717
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 719
CONTRARY, FROM THE EFFECTIVE DATE OF THIS SECTION UNTIL THE DATE 720
ON WHICH ALL MEMBERS OF THE MINE EXAMINING BOARD HAVE BEEN 721
APPOINTED IN ACCORDANCE WITH THE QUALIFICATIONS ESTABLISHED IN 722
SECTION 1561.10 OF THE REVISED CODE, AS AMENDED, BOTH OF THE 725
FOLLOWING APPLY:
(a) A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT 728
OF A MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF A 729
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 730
A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND SAFETY MAY 731
APPEAL IT, NOT LATER THAN TEN DAYS AFTER RECEIVING NOTICE OF THE 732
DECISION, TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH 733
18
SECTION 1513.13 OF THE REVISED CODE BY FILING A COPY OF THE 735
CHIEF'S WRITTEN DECISION WITH THE COMMISSION. 736
(b) AN OWNER, OPERATOR, LESSEE, OR AGENT OF A MINE WHO 739
APPEALS A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND 740
SAFETY TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH DIVISION 741
(B)(2)(a) OF THIS SECTION, UPON FILING THE APPEAL, SHALL PROVIDE 743
WRITTEN NOTIFICATION OF THE APPEAL TO THE AUTHORIZED 744
REPRESENTATIVE OF THE AFFECTED WORKERS OF THE MINE INVOLVED. THE 746
AUTHORIZED REPRESENTATIVE OF THE MINE WORKERS MAY INTERVENE AND 747
PARTICIPATE AS A PARTY TO THE APPEAL BY FILING A WRITTEN NOTICE 748
OF INTERVENTION WITH THE COMMISSION NOT LATER THAN TEN DAYS 749
FOLLOWING RECEIPT OF NOTIFICATION OF THE APPEAL. 750
(C) THE BOARD SHALL PROVIDE WRITTEN NOTICE OF THE TIME AND 753
PLACE OF A HEARING NOT LESS THAN FIVE DAYS PRIOR TO THE HEARING. 754
THE HEARING SHALL BE OF RECORD.
(D) THE BOARD SHALL CONDUCT HEARINGS AND RENDER DECISIONS 756
IN A TIMELY FASHION AND SHALL HEAR EXPEDITED APPEALS AS REQUIRED 757
UNDER SECTION 1509.08 OF THE REVISED CODE. 758
WHENEVER THE BOARD CONDUCTS A HEARING, IT SHALL PREPARE A 761
REPORT SETTING FORTH ITS FINDINGS OF FACT AND CONCLUSIONS OF LAW 762
AND SHALL MAIL A COPY OF THE REPORT BY CERTIFIED MAIL TO THE
PARTIES. A PARTY, NOT LATER THAN FOURTEEN DAYS AFTER RECEIPT OF 763
THE REPORT, MAY SERVE AND FILE WRITTEN OBJECTIONS TO THE BOARD'S 764
REPORT WITH THE SECRETARY OF THE BOARD. OBJECTIONS SHALL BE 765
SPECIFIC AND STATE WITH PARTICULARITY THE GROUNDS FOR THEM. UPON 767
CONSIDERATION OF THE OBJECTIONS, THE BOARD MAY ADOPT, REJECT, OR 768
MODIFY THE REPORT OR HEAR ADDITIONAL EVIDENCE.
(E) THE BOARD SHALL AFFIRM A DECISION OF THE CHIEF UNLESS 771
THE BOARD DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR 772
OTHERWISE INCONSISTENT WITH LAW; IN THAT CASE THE BOARD SHALL 773
VACATE THE DECISION OF THE CHIEF AND MAY REMAND IT TO THE CHIEF 774
FOR FURTHER PROCEEDINGS THAT THE BOARD MAY DIRECT. 776
(F) THE CHAIRPERSON OF THE BOARD, UNDER CONDITIONS THAT 779
THE CHAIRPERSON PRESCRIBES, MAY GRANT TEMPORARY RELIEF THAT THE 780
19
CHAIRPERSON CONSIDERS APPROPRIATE PENDING FINAL DETERMINATION OF 781
AN APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 782
(1) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 785
AN OPPORTUNITY FOR A HEARING TO BE HELD ON THE REQUEST FOR 786
TEMPORARY RELIEF.
(2) THE PERSON REQUESTING RELIEF SHOWS THAT THERE IS A 788
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 789
MERITS. 790
(3) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 792
SAFETY OF MINERS. 793
THE CHAIRPERSON SHALL ISSUE A DECISION EXPEDITIOUSLY AND 796
PROMPTLY PROVIDE WRITTEN NOTIFICATION OF THE DECISION TO ALL
PARTIES TO THE APPEAL. 797
ANY PARTY TO AN APPEAL FILED WITH THE BOARD WHO IS 799
AGGRIEVED OR ADVERSELY AFFECTED BY A DECISION OF THE CHAIRPERSON 800
TO GRANT OR DENY TEMPORARY RELIEF UNDER THIS SECTION MAY APPEAL 801
THAT DECISION TO THE BOARD. THE BOARD MAY CONFINE ITS REVIEW TO 802
THE RECORD DEVELOPED AT THE HEARING BEFORE THE CHAIRPERSON. 804
THE APPEAL SHALL BE FILED WITH THE BOARD NOT LATER THAN 806
THIRTY DAYS AFTER THE CHAIRPERSON ISSUES THE DECISION ON THE 807
REQUEST FOR TEMPORARY RELIEF. THE BOARD SHALL ISSUE A DECISION 808
AS EXPEDITIOUSLY AS POSSIBLE. 809
THE BOARD SHALL AFFIRM THE DECISION OF THE CHAIRPERSON 812
GRANTING OR DENYING TEMPORARY RELIEF UNLESS IT DETERMINES THAT 813
THE DECISION IS ARBITRARY, CAPRICIOUS, OR OTHERWISE INCONSISTENT 814
WITH LAW.
Sec. 1561.54. FOR THE PURPOSE OF PARTICIPATION IN AN 816
ADJUDICATORY HEARING CONDUCTED UNDER SECTION 1561.53 OF THE 817
REVISED CODE, THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION 818
OR THE MINE EXAMINING BOARD MAY REQUIRE THE ATTENDANCE OF 819
WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, AND PAPERS AND 820
MAY, AND AT THE REQUEST OF ANY PARTY SHALL, ISSUE SUBPOENAS FOR 821
WITNESSES OR SUBPOENAS DUCES TECUM TO COMPEL THE PRODUCTION OF 822
ANY BOOKS, RECORDS, PAPERS, OR OTHER MATERIAL RELEVANT TO THE 823
20
INQUIRY, DIRECTED TO THE SHERIFF OF EACH COUNTY WHERE THE 824
WITNESSES OR MATERIALS ARE FOUND, WHICH SUBPOENAS SHALL BE SERVED 825
AND RETURNED IN THE SAME MANNER THAT SUBPOENAS ISSUED BY COURTS 826
OF COMMON PLEAS ARE SERVED AND RETURNED. THE FEES AND MILEAGE OF 827
SHERIFFS AND WITNESSES SHALL BE THE SAME AS THOSE ALLOWED BY THE 828
COURT OF COMMON PLEAS IN CRIMINAL CASES. 829
IN CASES OF DISOBEDIENCE OR NEGLECT OF A SUBPOENA SERVED ON 832
A PERSON OR THE REFUSAL OF A WITNESS TO TESTIFY ON ANY MATTER 833
REGARDING WHICH THE WITNESS LAWFULLY MAY BE INTERROGATED, THE 834
COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE DISOBEDIENCE, 835
NEGLECT, OR REFUSAL OCCURS, OR ANY JUDGE OF THAT COURT, ON 836
APPLICATION OF THE CHIEF OR THE BOARD OR ANY MEMBER OF THE BOARD, 837
SHALL COMPEL OBEDIENCE BY ATTACHMENT PROCEDURES FOR CONTEMPT AS 838
IN THE CASE OF DISOBEDIENCE OF THE REQUIREMENTS OF A SUBPOENA 839
ISSUED FROM THE COURT OR A REFUSAL TO TESTIFY IN IT. 840
A WITNESS AT ANY HEARING SHALL TESTIFY UNDER OATH OR 842
AFFIRMATION, WHICH THE CHIEF OR ANY MEMBER OF THE BOARD SHALL 843
ADMINISTER. 844
Sec. 1561.55. ANY PARTY AGGRIEVED OR ADVERSELY AFFECTED BY 847
A DECISION OF THE MINE EXAMINING BOARD MAY APPEAL TO THE COURT OF 848
APPEALS OF FRANKLIN COUNTY OR THE COURT OF APPEALS OF THE COUNTY 849
IN WHICH THE ACTIVITY ADDRESSED BY THE DECISION OF THE BOARD 850
OCCURRED, IS OCCURRING, OR WILL OCCUR. THE APPEAL SHALL BE FILED 851
NOT LATER THAN THIRTY DAYS AFTER ISSUANCE OF THE DECISION OF THE 852
BOARD. THE COURT, UPON MOTION, MAY GRANT ANY TEMPORARY RELIEF 853
THAT IT CONSIDERS APPROPRIATE PENDING FINAL DISPOSITION OF THE 854
APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 855
(A) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 858
AN OPPORTUNITY TO BE HEARD ON THE REQUEST FOR TEMPORARY RELIEF. 859
(B) THE PERSON REQUESTING THE RELIEF SHOWS THAT THERE IS 862
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 863
MERITS.
(C) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 866
SAFETY OF MINERS.
21
THE COURT SHALL AFFIRM THE DECISION OF THE BOARD UNLESS THE 869
COURT DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR OTHERWISE 870
INCONSISTENT WITH LAW, IN WHICH CASE THE COURT SHALL VACATE THE 871
DECISION AND REMAND IT TO THE BOARD FOR ANY FURTHER PROCEEDINGS 872
THAT IT DIRECTS.
Sec. 1563.13. When a deputy mine inspector considers that 881
the ways and means of egress in any underground mine from the 882
interior working places to the surface are inadequate as a safe 883
and ready means of escape in case of emergency, from danger of 884
fire at any point, or any other cause that may result in the 885
entombment of persons working therein IN THE MINE, he THE DEPUTY 887
MINE INSPECTOR shall give notice in writing to the owner, lessee, 888
or agent of such THE mine of the particular in which he THE 889
DEPUTY MINE INSPECTOR considers such THE conditions dangerous, 890
recommending such ANY changes as THAT the conditions require, and 892
shall forthwith SHALL mail a copy of his THE DEPUTY MINE 893
INSPECTOR'S recommendations to the chief of the division of mines 895
and reclamation. Upon receipt of such THE recommendations, the 896
chief shall forthwith SHALL make a finding thereon CONCERNING 898
THEM and mail a copy to the operator of such THE mine, and to the 899
deputy mine inspector. A copy of such THE finding of the chief 901
shall be posted upon the bulletin board at the time. 902
The operator of such THE mine, or the authorized 904
representative of the workers of such THE mine, may within ten 905
days MAY appeal to the mine examining board for a review and 907
redetermination of the finding of the chief in such THE matter IN 908
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. A copy of 909
the findings DECISION of the board shall be mailed as required by 910
this section for the mailing of the finding by the chief on the 911
deputy mine inspector's report. 912
No operator of a mine shall refuse or neglect to comply 914
with this section. 915
Sec. 1565.15. (A) As used in this section,: 925
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 929
22
medical service organization" have the same meanings as in 930
section 4765.01 of the Revised Code.
(2) "FIRST AID PROVIDER" INCLUDES AN EMT-BASIC, AN EMT-I, 935
A PARAMEDIC, OR A SUPERVISORY EMPLOYEE AT A SURFACE MINE WHO HAS 936
SATISFIED THE TRAINING REQUIREMENTS ESTABLISHED IN DIVISION 937
(D)(1) OF THIS SECTION. 938
(B) The operator of an underground mine where twenty or 940
more persons are employed on a shift, including all persons 941
working at different locations at the mine within a ten-mile 942
radius, shall provide at least one EMT-basic or EMT-I on duty at 945
the mine whenever employees at the mine are actively engaged in 946
the extraction, production, or preparation of coal. The operator 948
shall provide EMTs-basic or EMTs-I on duty at the mine at such 949
times AND in numbers sufficient to ensure that no miner works in 951
a mine location that cannot be reached within a reasonable time 952
by an EMT-basic or an EMT-I. EMTs-basic and EMTs-I shall be 953
employed on their regular mining duties at locations convenient 954
for quick response to emergencies, IN ORDER to provide emergency 956
medical services inside the mine and transportation of injured or 957
sick employees to the entrance of the mine. The operator shall
provide for the services of at least one emergency medical 958
service organization to be available on call to reach the 959
entrance of the mine within thirty minutes, at any time that 960
employees are engaged in the extraction, production, or 961
preparation of coal IN ORDER to provide emergency medical 962
services and transportation to a hospital. 963
The operator shall make available to EMTs-basic and EMTs-I 966
all OF the equipment for first aid and emergency medical services 968
that is necessary for such THOSE personnel to function and to 970
comply with the rules REGULATIONS pertaining to first aid and 971
emergency medical services that are promulgated ADOPTED under the 972
"Federal Coal Mine SAFETY AND Health and Safety Act of 1969 974
1977," 83 91 Stat. 742 1290, 30 U.S.C.A. 801, and amendments 975
thereto, or the "Metal and Nonmetallic Mine Safety Act," 80 Stat. 976
23
772, 30 U.S.C.A. 721, and amendments thereto TO IT. The operator 977
shall install telephone service or equivalent facilities that 979
enable two-way voice communication between the EMTs-basic or 980
EMTs-I in the mine and the emergency medical service organization 981
outside the mine that provides emergency medical services on a 982
regular basis.
(C) The operator of a strip SURFACE mine where twenty-five 984
or more persons are employed on a shift, including all persons 986
working at different locations of the mine within a ten-mile 987
radius, shall provide at least one EMT-basic or EMT-I FIRST AID 988
PROVIDER on duty at the mine whenever employees at the mine are 990
actively engaged in the extraction, production, or preparation of
coal or minerals. The operator shall provide EMTs-basic or 991
EMTs-I FIRST AID PROVIDERS on duty at the mine at such times AND 993
in numbers sufficient to ensure that no miner works in a mine 994
location that cannot be reached within a reasonable time by an 995
EMT-basic or an EMT-I. EMTs-basic and EMTs-I A FIRST AID 997
PROVIDER. FIRST AID PROVIDERS shall be employed on their regular 998
mining duties at locations convenient for quick response to 1,001
emergencies, IN ORDER to provide emergency medical services and 1,003
transportation of injured or sick employees to the entrance of 1,004
the mine. The operator shall provide for the services of at 1,006
least one emergency medical service organization to be available 1,008
on call to reach the entrance of the mine within thirty minutes, 1,011
at any time that employees are engaged in the extraction, 1,012
production, or preparation of coal, IN ORDER to provide emergency 1,014
medical services and transportation to a hospital.
THE OPERATOR SHALL MAKE AVAILABLE TO FIRST AID PROVIDERS 1,016
ALL OF THE EQUIPMENT FOR FIRST AID AND EMERGENCY MEDICAL SERVICES 1,017
THAT IS NECESSARY FOR THOSE PERSONNEL TO FUNCTION AND TO COMPLY 1,018
WITH THE REGULATIONS PERTAINING TO FIRST AID AND EMERGENCY 1,019
MEDICAL SERVICES THAT ARE ADOPTED UNDER THE "FEDERAL MINE SAFETY 1,023
AND HEALTH ACT OF 1977," 91 STAT. 1290, 30 U.S.C.A. 801, AND 1,027
AMENDMENTS TO IT, INCLUDING, WITHOUT LIMITATION, A PORTABLE 1,028
24
OXYGEN CYLINDER WITH A MEDICAL REGULATOR AND OXYGEN DELIVERY 1,029
SYSTEM.
(D) The operator of a strip mine where fewer than 1,031
twenty-five persons are employed on a shift, including all 1,032
persons working at different locations of the mine within a 1,033
ten-mile radius, or where twenty-five or more persons are 1,034
employed on a shift at different locations of the mine that are 1,035
dispersed by distances greater than ten miles, shall provide for 1,036
the services of emergency medical service organizations to be 1,037
available on call to reach the mine where any employees are 1,038
working within thirty minutes to provide emergency medical 1,039
services and transportation to a hospital. The chief of the 1,040
division of mines and reclamation may grant a variance from this 1,041
requirement, if upon application, the operator shows that such 1,043
emergency medical service organizations are not available and 1,044
that he provides for the services of three EMTs-basic, EMTs-I, or 1,047
paramedics who are located, when on call, within ten miles of the 1,049
locations where employees are mining, or such other reasonable
distance as the chief may approve. 1,050
(E)(1) A SUPERVISORY EMPLOYEE AT A SURFACE MINE SHALL BE 1,052
CONSIDERED TO BE A FIRST AID PROVIDER FOR THE PURPOSES OF THIS 1,054
SECTION IF THE EMPLOYEE HAS RECEIVED FROM AN INSTRUCTOR APPROVED 1,055
BY THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION TEN HOURS 1,056
OF INITIAL FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE 1,057
UNDER 30 C.F.R. 77.1703 AND RECEIVES FIVE HOURS OF REFRESHER 1,059
FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE UNDER 30 1,061
C.F.R. 77.1705 IN EACH SUBSEQUENT CALENDAR YEAR. 1,062
(2) EACH MINER EMPLOYED AT A SURFACE MINE WHO IS NOT A 1,064
FIRST AID PROVIDER SHALL RECEIVE FROM AN INSTRUCTOR APPROVED BY 1,065
THE CHIEF THREE HOURS OF INITIAL FIRST AID TRAINING AND TWO HOURS 1,066
OF REFRESHER FIRST AID TRAINING IN EACH SUBSEQUENT CALENDAR YEAR. 1,067
(3) THE TRAINING RECEIVED IN ACCORDANCE WITH DIVISION (D) 1,069
OF THIS SECTION SHALL CONSIST OF A COURSE OF INSTRUCTION 1,070
ESTABLISHED IN THE MANUAL ISSUED BY THE MINE SAFETY AND HEALTH 1,071
25
ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF LABOR ENTITLED 1,073
"FIRST AID, A BUREAU OF MINES INSTRUCTION MANUAL" OR ITS 1,077
SUCCESSOR OR ANY OTHER CURRICULUM APPROVED BY THE CHIEF. THE 1,078
TRAINING SHALL BE INCLUDED IN THE HOURS OF INSTRUCTION PROVIDED 1,079
TO MINERS IN ACCORDANCE WITH TRAINING REQUIREMENTS ESTABLISHED 1,080
UNDER 30 C.F.R. PART 48, SUBPART (B), AS AMENDED, AND 30 C.F.R. 1,084
PART 77, AS AMENDED. 1,085
(E) EACH OPERATOR OF A SURFACE MINE SHALL ESTABLISH, KEEP 1,087
CURRENT, AND MAKE AVAILABLE FOR INSPECTION AN EMERGENCY MEDICAL 1,088
PLAN THAT INCLUDES THE TELEPHONE NUMBERS OF THE DIVISION OF MINES 1,090
AND RECLAMATION AND OF AN EMERGENCY MEDICAL SERVICES ORGANIZATION 1,091
THE SERVICES OF WHICH ARE REQUIRED TO BE RETAINED UNDER DIVISION 1,092
(C) OF THIS SECTION. THE CHIEF SHALL ADOPT RULES IN ACCORDANCE 1,093
WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH ANY 1,095
ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN AN EMERGENCY
MEDICAL PLAN. 1,096
(F) Each operator of an underground mine or strip SURFACE 1,099
mine shall provide or contract to obtain emergency medical 1,100
services TRAINING OR FIRST AID training, AS APPLICABLE, at the 1,101
operator's expense, THAT IS sufficient to train and maintain the 1,103
certification of the number of employees necessary to comply with 1,104
DIVISION (B) OF this section AND THAT IS SUFFICIENT TO TRAIN 1,105
EMPLOYEES AS REQUIRED UNDER DIVISION (D) OF THIS SECTION AND TO 1,106
COMPLY WITH DIVISION (C) OF THIS SECTION.
(F)(G) The division of mines and reclamation may provide 1,109
emergency medical services training for mine employees by 1,110
operating an emergency medical services training program 1,111
accredited under section 4765.17 of the Revised Code or by 1,112
contracting with the operator of an emergency medical services 1,113
training program accredited under that section to provide such 1,114
THAT training. The division of mines and reclamation may charge 1,116
mine operators a uniform part of the unit cost per trainee. 1,117
(G)(H) No operator shall violate or fail to comply with 1,119
this section. 1,120
26
Sec. 6111.044. Upon receipt of an application for an 1,129
injection well drilling permit, an injection well operating 1,130
permit, a renewal of an injection well operating permit, or a 1,131
modification of an injection well drilling permit, operating 1,132
permit, or renewal of an operating permit, the director of 1,133
environmental protection shall determine whether the application 1,134
is complete and demonstrates that the activities for which the 1,135
permit, renewal permit, or modification is requested will comply 1,136
with the "Federal Water Pollution Control Act" and regulations 1,137
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 1,138
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 1,139
under it; and this chapter and the rules adopted under it. If 1,140
the application demonstrates that the proposed activities will 1,141
not comply or will pose an unreasonable risk of inducing seismic 1,142
activity, inducing geologic fracturing, or contamination of an 1,143
underground source of drinking water, he THE DIRECTOR shall deny 1,144
the application. If the application does not make the required 1,146
demonstrations, he THE DIRECTOR shall return it to the applicant 1,147
with an indication of those matters about which a required 1,149
demonstration was not made. If he THE DIRECTOR determines that 1,150
the application makes the required demonstrations, he THE 1,152
DIRECTOR shall transmit copies of the application and all of the 1,154
accompanying maps, data, samples, and information to the chief of 1,155
the division of oil and gas, the chief of the division of 1,156
geological survey, the chief of the division of water, and, if 1,157
the well is or is to be located in a coal-bearing township, the 1,158
chief of the division of mines and reclamation IN THE DEPARTMENT 1,159
OF NATURAL RESOURCES.
The chief of the division of geological survey shall 1,161
comment upon the application if he THE CHIEF determines that the 1,162
proposed well or injection will present an unreasonable risk of 1,164
loss or damage to valuable mineral resources. If the chief 1,165
submits comments on the application, those comments shall be 1,166
accompanied by an evaluation of the geological factors upon which 1,167
27
the comments are based, including fractures, faults, earthquake 1,168
potential, and the porosity and permeability of the injection 1,169
zone and confining zone, and by the documentation supporting the 1,170
evaluation. The director shall take into consideration the 1,171
chief's comments, and the accompanying evaluation of geologic 1,172
factors and supporting documentation, when considering the 1,173
application. The director shall provide written notice to the 1,174
chief of his THE DIRECTOR'S decision on the application and, if 1,175
the chief's comments are not included in the permit, renewal 1,177
permit, or modification, of the director's rationale for not 1,178
including them.
The chief of the division of oil and gas shall comment upon 1,180
the application if he THE CHIEF determines that the proposed well 1,182
or injection will present an unreasonable risk that waste or 1,183
contamination of recoverable oil or gas in the earth will occur. 1,184
If the chief submits comments on the application, those comments 1,185
shall be accompanied by an evaluation of the oil or gas reserves 1,186
that, in the best professional judgment of the chief, are 1,187
recoverable and will be adversely affected by the proposed well 1,188
or injection, and by the documentation supporting the evaluation. 1,189
The director shall take into consideration the chief's comments, 1,190
and the accompanying evaluation and supporting documentation, 1,191
when considering the application. The director shall provide 1,192
written notice to the chief of his THE DIRECTOR'S decision on the 1,194
application and, if the chief's comments are not included in the 1,195
permit, renewal permit, or modification, of the director's 1,196
rationale for not including them. 1,197
The chief of the division of water shall assist the 1,199
director in determining whether all underground sources of 1,200
drinking water in the area of review of the proposed well or 1,201
injection have been identified and correctly delineated in the 1,202
application. If the application fails to identify or correctly 1,203
delineate any such AN underground source of drinking water, the 1,204
chief shall provide written notice of that fact to the director. 1,205
28
The chief of the division of mines and reclamation shall 1,207
review the application as follows: 1,208
If the application concerns the drilling or conversion of a 1,210
well or the injection into a well which THAT is not or is not to 1,211
be located within five thousand feet of the excavation and 1,212
workings of a mine, the chief of the division of mines and 1,214
reclamation shall note upon the application that it has been 1,215
examined by the division of mines and reclamation, retain a copy 1,217
of the application and map, and immediately return a copy of the 1,218
application to the director.
If the application concerns the drilling or conversion of a 1,220
well or the injection into a well which THAT is or is to be 1,221
located within five thousand feet, but more than five hundred 1,223
feet from the surface excavations and workings of a mine, the 1,224
chief of the division of mines and reclamation shall immediately 1,226
SHALL notify the owner or lessee of the mine that the application 1,227
has been filed and send to the owner or lessee a copy of the map 1,228
accompanying the application setting forth the location of the 1,229
well. The chief of the division of mines and reclamation shall 1,230
note on the application that the notice has been sent to the 1,232
owner or lessee of the mine, retain a copy of the application and 1,233
map, and immediately return a copy of the application to the 1,234
director with his THE CHIEF'S notation thereon ON IT. 1,235
If the application concerns the drilling or conversion of a 1,237
well or the injection into a well which THAT is or is to be 1,238
located within five thousand feet of the underground excavations 1,240
and workings of a mine or within five hundred feet of the surface 1,241
excavations and workings of a mine, the chief of the division of 1,243
mines and reclamation shall immediately SHALL notify the owner or 1,244
lessee of the mine that the application has been filed and send 1,245
to the owner or lessee a copy of the map accompanying the 1,246
application setting forth the location of the well. If the owner 1,247
or lessee objects to the application, he THE OWNER OR LESSEE 1,248
shall notify the chief of the division of mines and reclamation 1,250
29
of the objection, giving the reasons therefor, within six days 1,251
after the receipt of the notice. If the chief of the division of 1,252
mines and reclamation receives no objections from the owner or 1,253
lessee of the mine within ten days after the receipt of the 1,254
notice by the owner or lessee, or if in the opinion of the chief 1,255
of the division of mines and reclamation the objections offered 1,256
by the owner or lessee are not sufficiently well-founded, he THE 1,258
CHIEF shall retain a copy of the application and map and return a 1,260
copy of the application to the director with any applicable notes 1,261
concerning it.
If the chief of the division of mines and reclamation 1,263
receives an objection from the owner or lessee of the mine as to 1,264
the application, within ten days after receipt of the notice by 1,265
the owner or lessee, and if in the opinion of the chief the 1,266
objection is well-founded, he THE CHIEF shall disapprove the 1,267
application and immediately return it to the director together 1,269
with his THE CHIEF'S reasons for the disapproval. The director 1,271
shall promptly SHALL notify the applicant for the permit, renewal 1,273
permit, or modification, of the disapproval. The applicant may 1,274
appeal the disapproval of the application by the chief of the 1,275
division of mines and reclamation to the mine examining board 1,276
created under section 1561.10 of the Revised Code, AND THE BOARD 1,278
SHALL HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 1,279
REVISED CODE. The appeal shall be filed within thirty days from
the date the applicant receives notice of the disapproval. No 1,280
comments concerning or disapproval of an application shall be 1,281
delayed by the chief of the division of mines and reclamation for 1,282
more than fifteen days from the date of sending of notice to the 1,283
mine owner or lessee as required by this section. 1,284
The director shall not approve an application for an 1,286
injection well drilling permit, an injection well operating 1,287
permit, a renewal of an injection well operating permit, or a 1,288
modification of an injection well drilling permit, operating 1,289
permit, or renewal of an operating permit for a well which THAT 1,290
30
is or is to be located within three hundred feet of any opening 1,291
of any mine used as a means of ingress, egress, or ventilation 1,292
for persons employed therein IN THE MINE, nor within one hundred 1,293
feet of any building or flammable structure connected therewith 1,294
WITH THE MINE and actually used as a part of the operating 1,295
equipment of the mine, unless the chief of the division of mines 1,297
and reclamation determines that life or property will not be 1,299
endangered by drilling and operating the well in that location. 1,300
Upon review by the chief of the division of oil and gas, 1,302
the chief of the division of geological survey, and the chief of 1,303
the division of water, and if the chief of the division of mines 1,305
and reclamation has not disapproved the application, the director 1,306
shall issue a permit, renewal permit, or modification with such 1,307
ANY terms and conditions as THAT may be necessary to comply with 1,308
the "Federal Water Pollution Control Act" and regulations adopted 1,310
under it; the "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 1,311
U.S.C.A. 300(f) as amended, and regulations adopted under it; and 1,312
this chapter and the rules adopted under it. The director shall 1,313
not issue a permit, renewal permit, or modification to an 1,314
applicant if the applicant or persons associated with the 1,315
applicant have engaged in or are engaging in a substantial 1,316
violation of this chapter that is endangering or may endanger 1,317
human health or the environment or if, in the case of an 1,318
applicant for an injection well drilling permit, the applicant, 1,319
at the time of applying for the permit, did not hold an injection 1,320
well operating permit or renewal of an injection well drilling 1,321
permit and failed to demonstrate sufficient expertise and 1,322
competency to operate the well in compliance with the applicable 1,323
provisions of this chapter. 1,324
If the director receives a disapproval from the chief of 1,326
the division of mines and reclamation regarding an application 1,328
for an injection well drilling or operating permit, renewal 1,329
permit, or modification, if required, he THE DIRECTOR shall issue 1,330
an order denying the application. 1,332
31
The director need not issue a proposed action under section 1,334
3745.07 of the Revised Code or hold an adjudication hearing under 1,335
that section and Chapter 119. of the Revised Code before issuing 1,336
or denying a permit, renewal permit, or modification of a permit 1,337
or renewal permit. Before issuing or renewing a permit to drill 1,338
or operate a class I injection well or a modification thereof OF 1,339
IT, the director shall propose the permit, renewal permit, or 1,340
modification in draft form and shall hold a public hearing to 1,341
receive public comment on the draft permit, renewal permit, or 1,342
modification. At least fifteen days before the public hearing on 1,343
a draft permit, renewal permit, or modification, the director 1,344
shall publish notice of the date, time, and location of the 1,345
public hearing in at least one newspaper of general circulation 1,346
serving the area where the well is or is to be located. The 1,347
proposing of such a draft permit, renewal permit, or modification 1,348
does not constitute the issuance of a proposed action under 1,349
section 3745.07 of the Revised Code, and the holding of the 1,350
public hearing on such a draft permit, renewal permit, or 1,351
modification does not constitute the holding of an adjudication 1,352
hearing under that section and Chapter 119. of the Revised Code. 1,353
Appeals of orders other than orders of the chief of the division 1,355
of mines and reclamation shall be taken under sections 3745.04 to 1,356
3745.08 of the Revised Code. 1,357
The director may order that an injection well drilling 1,359
permit or an injection well operating permit or renewal permit be 1,360
suspended and that activities thereunder UNDER IT cease if he 1,361
determines AFTER DETERMINING that those activities are occurring 1,362
in violation of law, rule, order, or term or condition of the 1,365
permit. Upon service of a copy of the order upon the permit 1,366
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,368
the permit and activities thereunder UNDER IT shall be 1,369
immediately suspended IMMEDIATELY without prior hearing and shall 1,370
remain suspended until the violation is corrected and the order 1,371
of suspension is lifted. If a violation is the second within a 1,372
32
one-year period, the director, after a hearing, may revoke the 1,373
permit. 1,374
The director may order that an injection well drilling 1,376
permit or an injection well operating permit or renewal permit be 1,377
suspended and that activities thereunder UNDER IT cease if he THE 1,379
DIRECTOR has reasonable cause to believe that the permit would 1,380
not have been issued if the information available at the time of 1,381
suspension had been available at the time a determination was 1,382
made by one of the agencies acting under authority of this 1,383
section. Upon service of a copy of the order upon the permit 1,384
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,386
the permit and activities thereunder UNDER IT shall be 1,387
immediately suspended IMMEDIATELY without prior hearing, but a 1,388
permit may not be suspended for that reason without prior hearing 1,389
unless immediate suspension is necessary to prevent waste or 1,390
contamination of oil or gas, comply with the "Federal Water 1,391
Pollution Control Act" and regulations adopted under it; the 1,392
"Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 1,393
300(f), as amended, and regulations adopted under it; and this 1,394
chapter and the rules adopted under it, or prevent damage to 1,395
valuable mineral resources, prevent contamination of an 1,396
underground source of drinking water, or prevent danger to human 1,397
life or health. If after a hearing the director determines that 1,398
the permit would not have been issued if the information 1,399
available at the time of the hearing had been available at the 1,400
time a determination was made by one of the agencies acting under 1,401
authority of this section, he THE DIRECTOR shall revoke the 1,402
permit. 1,403
When a permit has been revoked, the permit holder or other 1,405
person responsible therefor shall FOR IT immediately SHALL plug 1,407
the well in the manner required by the director.
The director may issue orders to prevent or require 1,409
cessation of violations of this section, section 6111.043, 1,410
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 1,411
33
adopted thereunder UNDER ANY OF THOSE SECTIONS, and terms or 1,412
conditions of permits issued thereunder UNDER ANY OF THEM. Such 1,414
THE orders may require the elimination of conditions caused by 1,416
the violation.
Section 2. That existing sections 1509.08, 1513.13, 1,418
1561.10, 1561.35, 1561.51, 1563.13, 1565.15, and 6111.044 and 1,419
sections 1561.41, 1561.42, 1561.43, 1561.44, 1565.17, 1565.18, 1,420
1565.19, 1565.20, 1565.21, 1565.22, 1565.23, 1567.28, 1567.29, 1,421
1567.37, 1467.56, and 1567.64 of the Revised Code are hereby 1,423
repealed.
Section 3. The enactment by this act of amendments to 1,425
section 1561.10 of the Revised Code regarding the qualifications 1,427
of members of the Mine Examining Board is not intended to require 1,428
the replacement of members of the board on the effective date of 1,429
this act, but to establish requirements for filling vacancies 1,430
occurring in the board's membership on and after the effective 1,431
date of this act.
Section 4. Section 1565.15 of the Revised Code is 1,433
presented in this act as a composite of the section as amended by 1,434
both Am. Sub. S.B. 150 and Am. Sub. S.B. 162 of the 121st General 1,435
Assembly, with the new language of neither of the acts shown in 1,437
capital letters. This is in recognition of the principle stated 1,438
in division (B) of section 1.52 of the Revised Code that such 1,439
amendments are to be harmonized where not substantively 1,440
irreconcilable and constitutes a legislative finding that such is 1,441
the resulting version in effect prior to the effective date of 1,442
this act.