As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 323

Senator Niehaus 

Cosponsors: Senators Wilson, Harris, Carey, Schuler, Padgett, Seitz, Spada, Mumper 

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A BILL

To amend sections 1561.011, 1561.16, 1561.17,

1

1561.23, 1561.25, 1561.26, 1565.15, and 4131.03,

2

and to enact sections 1561.24, 1561.261,

3

1567.64, and 1567.681 of the Revised Code to

4

revise certain coal mine safety requirements, to

5

create the Mine Safety Fund to be used for

6

specified mine safety purposes, to allow the

7

Administrator of the Bureau of Workers'

8

Compensation to transfer a portion of the

9

investment earnings of the Coal-Workers

10

Pneumoconiosis Fund to the Mine Safety Fund, and

11

to declare an emergency.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1561.011, 1561.16, 1561.17, 1561.23,	13
1561.25, 1561.26, 1565.15, and 4131.03 be amended and sections	14
1561.24, 1561.261, 1567.64, and 1567.681 of the Revised Code be	15
enacted to read as follows:	16

Sec. 1561.011. NothingExcept as provided in section 1561.24	17
of the Revised Code, nothing in this chapter applies to activities	18
that are permitted and regulated under Chapter 1514. of the	19
Revised Code.	20

Sec. 1561.16.  (A) As used in this section and sections	21
1561.17 to 1561.21 of the Revised Code, "actual practical	22
experience" means previous employment that involved a person's	23
regular presence in the type of mining operation in which the	24
experience is required to exist; participation in functions	25
relating to the hazards involved in and the utilization of	26
equipment, tools, and work crews and individuals for that type of	27
mining; and regular exposure to the methods, procedures, and	28
safety laws applicable to that type of mining. Credit of up to one	29
year for a portion of the required experience time may be given	30
upon documentation to the chief of the division of mineral	31
resources management of an educational degree in a field related	32
to mining. Credit of up to two years of the required experience	33
time may be given upon presentation to the chief of proof of	34
graduation from an accredited school of mines or mining after a	35
four-year course of study with employment in the mining industry	36
during interim breaks during the school years.	37

(B) A person who applies for a certificate as a mine	38
foreperson of gaseous mines shall be able to read and write the	39
English language; shall have had at least five years' actual	40
practical experience in the underground workings of a gaseous mine	41
or the equivalent thereof in the judgment of the chief; and shall	42
have had practical experience obtained by actual contact with gas	43
in mines and have knowledge of the dangers and nature of noxious	44
and explosive gases and ventilation of gaseous mines. An applicant	45
for a certificate as a foreperson of gaseous mines shall meet the	46
same requirements, except that the applicant shall have had at	47
least three years' actual practical experience in the underground	48
workings of a gaseous mine or the equivalent thereof in the	49
judgment of the chief. Each applicant for examination shall pay a	50
fee of ten dollarsestablished in rules adopted under this section	51
to the chief on the first day of such examination. Any	52

(C) A person who has been issued a certificate as a mine	53
foreperson or a foreperson of a gaseous mine and who has not	54
worked in an underground coal mine for a period of more than two	55
calendar years shall apply for and obtain recertification from the	56
chief in accordance with rules adopted under this section before	57
performing the duties of a mine foreperson or a foreperson of a	58
gaseous mine. An applicant for recertification shall pay a fee	59
established in rules adopted under this section at the time of	60
application for recertification.	61

(D) A person who has been issued a certificate as a mine	62
foreperson or a foreperson of a gaseous mine and who has not	63
worked in an underground coal mine for a period of one or more	64
calendar years shall successfully complete a retraining course in	65
accordance with rules adopted under this section before performing	66
the duties of a mine foreperson or a foreperson of a gaseous mine.	67

(E) The chief, in consultation with a statewide association	68
representing the coal mining industry and a statewide association	69
representing employees of coal mines, shall adopt rules in	70
accordance with Chapter 119. of the Revised Code that do all of	71
the following:	72

(1) Prescribe requirements, criteria, and procedures for the	73
recertification of a mine foreperson or a foreperson of a gaseous	74
mine who has not worked in an underground coal mine for a period	75
of more than two calendar years;	76

(2) Prescribe requirements, criteria, and procedures for the	77
retraining of a mine foreperson or a foreperson of a gaseous mine	78
who has not worked in an underground coal mine for a period of one	79
or more calendar years;	80

(3) Establish fees for the examination and recertification of	81
mine forepersons or forepersons of gaseous mines under this	82
section;	83

(4) Prescribe any other requirements, criteria, and	84
procedures that the chief determines are necessary to administer	85
this section.	86

(F) Any moneys collected under this section shall be paid	87
into the state treasury to the credit of the mining regulation	88
fund created in section 1561.48 of the Revised Code.	89

Sec. 1561.17. (A) A person who applies for a certificate as	90
mine foreperson or foreperson of nongaseous mines shall be able to	91
read and write the English language; shall have had at least three	92
years' actual practical experience in mines, or the equivalent	93
thereof in the judgment of the chief of the division of mineral	94
resources management; and shall have knowledge of the dangers and	95
nature of noxious gases. Each applicant for examination shall pay	96
a fee of ten dollarsestablished in rules adopted under this	97
section to the chief on the first day of the examination. Any	98

(B) A person who has been issued a certificate as a mine	99
foreperson or a foreperson of a nongaseous coal mine and who has	100
not worked in an underground coal mine for a period of more than	101
two calendar years shall apply for and obtain recertification	102
from the chief in accordance with rules adopted under this	103
section before performing the duties of a mine foreperson or a	104
foreperson of a nongaseous coal mine. An applicant for	105
recertification shall pay a fee established in rules adopted	106
under this section at the time of application for	107
recertification.	108

(C) A person who has been issued a certificate as a mine	109
foreperson or a foreperson of a nongaseous coal mine and who has	110
not worked in an underground coal mine for a period of one or	111
more calendar years shall successfully complete a retraining	112
course in accordance with rules adopted under this section before	113
performing the duties of a mine foreperson or a foreperson of a	114
nongaseous coal mine.	115

(D) The chief, in consultation with a statewide association	116
representing the coal mining industry and a statewide association	117
representing employees of coal mines, shall adopt rules in	118
accordance with Chapter 119. of the Revised Code that do all of	119
the following:	120

(1) Prescribe requirements, criteria, and procedures for the	121
recertification of a mine foreperson or a foreperson of a	122
nongaseous coal mine who has not worked in an underground coal	123
mine for a period of more than two calendar years;	124

(2) Prescribe requirements, criteria, and procedures for the	125
retraining of a mine foreperson or a foreperson of a nongaseous	126
coal mine who has not worked in an underground coal mine for a	127
period of one or more calendar years;	128

(3) Establish fees for the examination and recertification of	129
mine forepersons or forepersons of nongaseous coal mines under	130
this section;	131

(4) Prescribe any other requirements, criteria, and	132
procedures that the chief determines are necessary to administer	133
this section.	134

(E) Any moneys collected under this section shall be paid	135
into the state treasury to the credit of the mining regulation	136
fund created in section 1561.48 of the Revised Code.	137

Sec. 1561.23.  The chief of the division of mineral resources	138
management shall issue the following certificates to those	139
applicants who pass their examination:	140

(A) Certificates for mine forepersons of gaseous mines;

141

(B) Certificates for mine forepersons of nongaseous mines;

142

(C) Certificates for forepersons of gaseous mines;

143

(D) Certificates for forepersons of nongaseous mines;

144

(E) Certificates for forepersons of surface maintenance	145
facilities of underground or surface mines;	146

(F) Certificates for mine forepersons of surface mines;

147

(G) Certificates for forepersons of surface mines;

148

(H) Certificates for fire bosses;

149

(I) Certificates for mine electricians;

150

(J) Certificates for surface mine blasters;

151

(K) Certificates for shot firers.

152

Applicants for certificates shall make application to the	153
chief, on a form provided by the chief, for examination. All	154
applicants shall be able to read and write the English language	155
intelligently, and shall furnish the chief with a certificate as	156
to their character, length and description of their practical	157
experience, and satisfactory evidence of their ability to perform	158
the duties of the position for which they make application for	159
examination.	160

AnyExcept as provided in sections 1561.16 and 1561.17 of the	161
Revised Code, any certificate issued by the former mine examining	162
board prior to October 29, 1995, shall remain in effect	163
notwithstanding the new classifications of certificates	164
established by this section.	165

Sec. 1561.24. For purposes of this chapter, Chapters 1563.,	166
1565., and 1567., and sections 1514.40 to 1514.50 of the Revised	167
Code, there is hereby created in the state treasury the mine	168
safety fund. The fund shall consist of money transferred to it by	169
the administrator of workers' compensation from the coal-workers	170
pneumoconiosis fund established in section 4131.03 of the Revised	171
Code. All investment earnings of the mine safety fund shall be	172
credited to the fund. The chief of the division of mineral	173
resources management shall use money in the fund for all of the	174
following purposes:	175

(A) Mine safety and health inspections and audits;

176

(B) The purchase and maintenance of mine rescue and	177
inspection equipment;	178

(C) The purchase or lease of facilities for use as mine	179
rescue stations and for mine rescue and safety training;	180

(D) Mine rescue and safety and health training of miners;

181

(E) Certification and recertification of mine officials.

182

Sec. 1561.25.  The division of mines and reclamationmineral	183
resources management shall establish and maintain four rescue	184
stations. Three of such stations shall be centrally located at	185
such places, conveniently accessible to the mines and mining areas	186
of the state so as to cover the largest number of mines in the	187
shortest period of time, as the chief of the division of mines and	188
reclamationmineral resources management determines; and one such	189
station may be maintained at the mine laboratory provided for in	190
section 1561.27 of the Revised Code. In establishing such stations	191
the chief may use quarters owned by or in the possession and	192
control of the state, if available, or may lease other quarters	193
therefor. Each station shall be equipped with rescue and first aid	194
apparatus and other equipment as follows:	195

(A) One motor truck of sufficient capacity to carry the	196
equipment prescribed by this section;	197

(B) Not less than six approved breathing apparatus, complete	198
and in good working order;	199

(C) One recharging or refilling motor-driven pump for	200
recharging oxygen cylinders;	201

(D) Not less than ten oxygen storage cylinders;

202

(E) One resuscitating outfit;

203

(F) Not less than five approved flame safety lamps and one	204
lamp testing cabinet;	205

(G) Not less than two carbon monoxide detectors;

206

(H) One approved methane indicating detector;

207

(I) Not less than ten approved electric mine safety cap lamps	208
complete;	209

(J) Charging equipment for cap lamps;

210

(K) Not less than five hundred feet of two-inch hose of	211
standard connections and nozzles complete;	212

(L) All the equipment necessary to provide emergency medical	213
services, including that necessary for the services of a paramedic	214
as defined in section 4765.01 of the Revised Code, and to	215
establish and maintain an intravenous lifeline;	216

(M) Sufficient parts, supplies, and other necessary equipment	217
for maintenance and operation of the equipment prescribed in this	218
section.	219

All equipment shall be inspected and tested weekly for	220
efficiency and operation, and be maintained in an effective	221
operating condition. Reports of the condition shall be sent in	222
writing to the division of mines and reclamationmineral resources	223
management.	224

Each of suchthe stations shall at all times be in charge of	225
an assistant superintendent of rescue stations. Each assistant	226
superintendent shall, under the supervision of the superintendent	227
of rescue stations, conduct classes in first aid, mine safety,	228
rescue work, and other safety educational work for the benefit of	229
people desiring to take the same. They shall keep the equipment	230
prescribed in this section in good condition, and see that this	231
equipment reaches any mine whenever it is needed as expeditiously	232
as possible. They shall help to perform whatever duties are	233
necessary.	234

All such stations shall be under the direction of the	235
superintendent.	236

Sec. 1561.26.  (A) As used in this section,:

237

(1) "EMT-basic," "EMT-I," and "paramedic" have the same	238
meanings as in section 4765.01 of the Revised Code.	239

(2) "Mine medical responder" has the same meaning as in	240
section 1565.15 of the Revised Code.	241

(B) The superintendent of rescue stations, with the approval	242
of the chief of the division of mineral resources management,	243
shall, at each rescue station provided for in section 1561.25 of	244
the Revised Code, train and employ rescue crews of six members	245
each, one of whom shall hold a mine foreperson or fire boss	246
certificate and be designated captain, and train and employ any	247
number of such rescue crews as the superintendent believes	248
necessary. One member of a rescue crew shall be certified as an	249
EMT-basic, EMT-I, mine medical responder, or paramedic. Each	250
member of a rescue crew shall devote the time specified by the	251
chief each month for training purposes and shall be available at	252
all times to assist in rescue work at explosions, mine fires, and	253
other emergencies.	254

A captain of mine rescue crews shall receive for service as	255
captain the sum of twenty-four dollars per month, and each member	256
shall receive the sum of twenty dollars per month, all payable on	257
requisition approved by the chief. When engaged in rescue work at	258
explosions, mine fires, or other emergencies away from their	259
station, the members of the rescue crews and captains of the same	260
shall be paid the sum of six dollars per hour for work on the	261
surface, which includes the time consumed by those members in	262
traveling to and from the scene of the emergency when the scene is	263
away from the station of the members, and the sum of seven dollars	264
per hour for all work underground at the emergency, and in	265
addition thereto, the necessary living expenses of the members	266
when the emergency is away from their home station, all payable on	267
requisition approved by the chief.	268

Each member of a mine rescue crew shall undergo an annual	269
medical examination. The chief may designate to perform an	270
examination any individual authorized by the Revised Code to do	271
so, including a physician assistant, a clinical nurse specialist,	272
a certified nurse practitioner, or a certified nurse-midwife. In	273
designating the individual to perform a medical examination, the	274
chief shall choose one near the station of the member of the	275
rescue crews. The examiner shall report the examination results to	276
the chief and if, in the opinion of the chief, the report	277
indicates that the member is physically unfit for further	278
services, the chief shall relieve the member from further duty.	279
The fee charged by the examiner for the examination shall be paid	280
in the same manner as fees are paid to doctors employed by the	281
industrial commission for special medical examinations.	282

The chief may remove any member of a rescue crew for any	283
reason. Such crews shall be subject to the orders of the chief,	284
the superintendent, and the deputy mine inspectors when engaged in	285
actual mine rescue work. Mine rescue crews shall, in case of	286
death or injury when engaged in rescue work, wherever the same may	287
occur, be paid compensation, or their dependents shall be paid	288
death benefits, from the workers' compensation fund, in the same	289
manner as other employees of the state.	290

(C) In addition to the training of rescue crews, each	291
assistant superintendent of rescue stations, with the approval of	292
the superintendent, shall provide for and conduct safety, first	293
aid, and rescue classes at any mine or for any group of miners who	294
make application for the conducting of such classes. The chief may	295
assess a fee for safety and first aid classes for the purpose of	296
covering the costs associated with providing those classes. The	297
chief shall establish a fee schedule for safety and first aid	298
classes by rule adopted in accordance with Chapter 119. of the	299
Revised Code. Fees collected under this section shall be deposited	300
in the surface mining fund created in section 1514.06 of the	301
Revised Code.	302

The superintendent shall prescribe and provide for a uniform	303
schedule of conducting such safety and rescue classes as will	304
provide a competent knowledge of modern safety and rescue methods	305
in, at, and about mines.	306

(D) No member of a mine rescue crew who performs mine rescue	307
at an underground coal mine and no operator of a mine whose	308
employee participates as a member of such a mine rescue crew is	309
liable in any civil action that arises under the laws of this	310
state for damage or injury caused in the performance of rescue	311
work at an underground coal mine. However, a member of such a mine	312
rescue crew may be liable if the member acted with malicious	313
purpose, in bad faith, or in a wanton or reckless manner.	314

This division does not eliminate, limit, or reduce any	315
immunity from civil liability that is conferred on a member of	316
such a mine rescue crew or an operator by any other provision of	317
the Revised Code or by case law.	318

Sec. 1561.261. Except for civil actions in which the state is	319
the plaintiff, no employee of the division of mineral resources	320
management who performs rescue work at an underground coal mine is	321
liable in any civil action that arises under the laws of this	322
state for damage or injury caused in the performance of rescue	323
work at an underground coal mine unless the employee acted with	324
malicious purpose, in bad faith, or in a wanton or reckless	325
manner.	326

This section does not eliminate, limit, or reduce any	327
immunity from civil liability that is conferred on an employee of	328
the division by any other provision of the Revised Code or by case	329
law.	330

Sec. 1565.15.  (A) As used in this section:

331

(1) "EMT-basic," "EMT-I," "paramedic," and "emergency medical	332
service organization" have the same meanings as in section 4765.01	333
of the Revised Code.	334

(2) "First aid provider" includes a mine medical responder,	335
an EMT-basic, an EMT-I, a paramedic, or an employee at a surface	336
coal mine who has satisfied the training requirements established	337
in division (D)(1) of this section.	338

(3) "Mine medical responder" means a person who has satisfied	339
the requirements established in rules adopted under division (E)	340
of this section.	341

(B) The operator of an underground coal mine where twenty or	342
more persons are employed on a shift, including all persons	343
working at different locations at the mine within a ten-mile	344
radius, shall provide at least one mine medical responder,	345
EMT-basic, or EMT-I on duty at the underground coal mine whenever	346
employees at the mine are actively engaged in the extraction,	347
production, or preparation of coal. The operator shall provide	348
mine medical responders, EMTs-basic, or EMTs-I on duty at the	349
underground coal mine at times and in numbers sufficient to ensure	350
that no miner works in a mine location that cannot be reached	351
within a reasonable time by a mine medical responder, an	352
EMT-basic, or an EMT-I. Mine medical responders, EMTs-basic, and	353
EMTs-I shall be employed on their regular coal mining duties at	354
locations convenient for quick response to emergencies in order to	355
provide emergency medical services inside the underground coal	356
mine and transportation of injured or sick employees to the	357
entrance of the mine. The operator shall provide for the services	358
of at least one emergency medical service organization to be	359
available on call to reach the entrance of the underground coal	360
mine within thirty minutes at any time that employees are engaged	361
in the extraction, production, or preparation of coal in order to	362
provide emergency medical services and transportation to a	363
hospital.	364

The operator shall make available to mine medical responders,	365
EMTs-basic, and EMTs-I all of the equipment for first aid and	366
emergency medical services that is necessary for those personnel	367
to function and to comply with the regulations pertaining to	368
first aid and emergency medical services that are adopted under	369
the "Federal Mine Safety and Health Act of 1977," 91 Stat. 1290,	370
30 U.S.C.A. 801, and amendments to it. The operator of the	371
underground coal mine shall install telephone service or	372
equivalent facilities that enable two-way voice communication	373
between the mine medical responders, EMTs-basic, or EMTs-I in the	374
mine and the emergency medical service organization outside the	375
mine that provides emergency medical services on a regular basis.	376

(C) The operator of a surface coal mine shall provide at	377
least one first aid provider on duty at the mine whenever	378
employees at the mine are actively engaged in the extraction,	379
production, or preparation of coal. The operator shall provide	380
first aid providers on duty at the surface coal mine at times and	381
in numbers sufficient to ensure that no miner works in a mine	382
location that cannot be reached within a reasonable time by a	383
first aid provider. First aid providers shall be employed on their	384
regular coal mining duties at locations convenient for quick	385
response to emergencies in order to provide emergency medical	386
services and transportation of injured or sick employees to the	387
entrance of the surface coal mine. The operator shall provide for	388
the services of at least one emergency medical service	389
organization to be available on call to reach the entrance of the	390
surface coal mine within thirty minutes at any time that employees	391
are engaged in the extraction, production, or preparation of coal	392
in order to provide emergency medical services and transportation	393
to a hospital.	394

The operator shall provide at the mine site all of the	395
equipment for first aid and emergency medical services that is	396
necessary for those personnel to function and to comply with the	397
regulations pertaining to first aid and emergency medical services	398
that are adopted under the "Federal Mine Safety and Health Act of	399
1977," 91 Stat. 1290, 30 U.S.C.A. 801, and amendments to it.	400

(D)(1) An employee at a surface coal mine shall be considered	401
to be a first aid provider for the purposes of this section if the	402
employee has received from an instructor approved by the chief of	403
the division of mineral resources management ten hours of initial	404
first aid training as a selected supervisory employee under 30	405
C.F.R. 77.1703 and receives five hours of refresher first aid	406
training as a selected supervisory employee under 30 C.F.R.	407
77.1705 in each subsequent calendar year.	408

(2) Each miner employed at a surface coal mine who is not a	409
first aid provider shall receive from an instructor approved by	410
the chief three hours of initial first aid training and two hours	411
of refresher first aid training in each subsequent calendar year.	412

(3) The training received in accordance with division (D) of	413
this section shall consist of a course of instruction established	414
in the manual issued by the mine safety and health administration	415
in the United States department of labor entitled "first aid, a	416
bureau of mines instruction manual" or its successor or any other	417
curriculum approved by the chief. The training shall be included	418
in the hours of instruction provided to miners in accordance with	419
training requirements established under 30 C.F.R. part 48, subpart	420
(B), as amended, and 30 C.F.R. part 77, as amended.	421

(E) The chief, in consultation with persons certified under	422
Chapter 4765. of the Revised Code to teach in an emergency medical	423
services training program, shall adopt rules in accordance with	424
Chapter 119. of the Revised Code that do all of the following:	425

(1) Prescribe training requirements for a mine medical	426
responder that specifically focus on treating injuries and	427
illnesses associated with underground coal mining;	428

(2) Prescribe an examination for a mine medical responder;

429

(3) Prescribe continuing training requirements for a mine	430
medical responder;	431

(4) Establish the fee for examination for a mine medical	432
responder;	433

(5) Prescribe any other requirements, criteria, and	434
procedures that the chief determines are necessary regarding the	435
training, examination, and continuing training of mine medical	436
responders.	437

If a person qualifies as a mine medical responder or similar	438
classification in another state, the person may provide emergency	439
medical services as a mine medical responder in this state	440
without completing the training or passing the examination that	441
is required in rules adopted under this division, provided that	442
the chief determines that the person's qualifications from the	443
other state satisfy all of the applicable requirements that are	444
established in rules adopted under this division.	445

(F) Each operator of a surface coal mine shall establish,	446
keep current, and make available for inspection an emergency	447
medical plan that includes the telephone numbers of the division	448
of mineral resources management and of an emergency medical	449
services organization the services of which are required to be	450
retained under division (C) of this section. The chief shall adopt	451
rules in accordance with Chapter 119. of the Revised Code that	452
establish any additional information required to be included in an	453
emergency medical plan.	454

(F)(G) Each operator of an underground coal mine or surface	455
coal mine shall provide or contract to obtain emergency medical	456
services training or first aid training, as applicable, at the	457
operator's expense, that is sufficient to train and maintain the	458
certification of the number of employees necessary to comply with	459
division (B) of this section and that is sufficient to train	460
employees as required under division (D) of this section and to	461
comply with division (C) of this section.	462

(G)(H) The division may provide emergency medical services	463
training for coal mine employees by operating an emergency medical	464
services training program accredited under section 4765.17 of the	465
Revised Code or by contracting with the operator of an emergency	466
medical services training program accredited under that section to	467
provide that training. The division may charge coal mine operators	468
a uniform part of the unit cost per trainee.	469

(H)(I) No coal mine operator shall violate or fail to comply	470
with this section.	471

Sec. 1567.64. (A) As used in this section, "tag lines" and	472
"tie-off lines" have the same meanings as in rules adopted under	473
this section.	474

(B) The operator of an underground coal mine shall provide	475
tag lines or tie-off lines for each miner at the mine. The	476
operator shall provide and employees of the mine shall use tag	477
lines or tie-off lines in accordance with requirements and	478
procedures established in rules adopted under this section.	479

(C) The chief of the division of mineral resources	480
management, in consultation with a statewide association	481
representing the coal mining industry and a statewide association	482
representing employees of coal mines, shall adopt rules in	483
accordance with Chapter 119. of the Revised Code concerning the	484
use of tag lines or tie-off lines in an underground coal mine. The	485
rules shall include all of the following:	486

(1) A definition of "tag line" and of "tie-off line";

487

(2) A description or list of acceptable tag lines and tie-off	488
lines;	489

(3) Procedures and requirements for the use of tag lines and	490
tie-off lines;	491

(4) Procedures for the approval and inspection of the use of	492
tag lines and tie-off lines in a mine;	493

(5) Any other requirements concerning tag lines or tie-off	494
lines that the chief determines are necessary.	495

(D) No operator of a mine shall refuse or neglect to comply	496
with this section or rules adopted under it.	497

Sec. 1567.681. (A) The operator of an underground coal mine	498
that uses conveyor belts in the operation of the mine shall	499
install fire detection devices on each conveyor belt that is used	500
in the mine. The fire detection devices shall be of a design and	501
type established in rules adopted under this section. The chief of	502
the division of mineral resources management shall inspect the	503
fire detection devices after the operator of the mine has	504
installed the devices on the conveyor belts that are used in the	505
operation of the mine. The chief shall approve or disapprove the	506
installation of the fire detection devices and shall notify the	507
operator of the chief's decision.	508

(B) The chief, in consultation with a statewide association	509
representing the coal mining industry and a statewide association	510
representing employees of coal mines, shall adopt rules in	511
accordance with Chapter 119. of the Revised Code concerning the	512
installation and use of fire detection devices on conveyor belts	513
that are used in an underground coal mine. The rules shall include	514
all of the following:	515

(1) The design and types of fire detection devices that must	516
be used on a conveyor belt in order to provide for the earliest	517
possible detection of a fire;	518

(2) The number of fire detection devices that are required	519
on a conveyor belt;	520

(3) A procedure for the notification of the chief after the	521
operator of a mine has installed the fire detection devices;	522

(4) A procedure for the inspection of fire detection devices	523
installed on a conveyor belt;	524

(5) Any other requirements that the chief determines are	525
necessary.	526

(C) No operator of a mine shall refuse or neglect to comply	527
with this section or rules adopted under it.	528

Sec. 4131.03.  (A) For the relief of persons who are entitled	529
to receive benefits by virtue of the federal act, there is hereby	530
established a coal-workers pneumoconiosis fund, which shall be	531
separate from the funds established and administered pursuant to	532
Chapter 4123. of the Revised Code. The fund shall consist of	533
premiums and other payments thereto by subscribers who elect to	534
subscribe to the fund to insure the payment of benefits required	535
by the federal act.	536

(B)(1) The coal-workers pneumoconiosis fund shall be in the	537
custody of the treasurer of state. The bureau of workers'	538
compensation shall make disbursements from the fund to those	539
persons entitled to payment therefrom and in the amounts required	540
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	541
investment earnings of the fund shall be credited to the fund.	542

(2) The administrator of workers' compensation may transfer a	543
portion of the investment earnings credited to the coal-workers	544
pneumoconiosis fund to the mine safety fund created in section	545
1561.24 of the Revised Code for the purposes specified in that	546
section. The administrator, with the advice and consent of the	547
bureau of workers' compensation board of directors, shall adopt	548
rules governing the transfer in order to ensure the solvency of	549
the coal-workers pneumoconiosis fund. For that purpose, the rules	550
may establish tests based on measures of net assets, liabilities,	551
expenses, interest, dividend income, or other factors that the	552
administrator determines appropriate that may be applied prior to	553
a transfer.	554

(C) The administrator of workers' compensation shall have the	555
same powers to invest any of the surplus or reserve belonging to	556
the coal-workers pneumoconiosis fund as are delegated to himthe	557
administrator under section 4123.44 of the Revised Code with	558
respect to the state insurance fund.	559

(D) If the administrator determines that reinsurance of the	560
risks of the coal-workers pneumoconiosis fund is necessary to	561
assure solvency of the fund, hethe administrator may:	562

(1) Enter into contracts for the purchase of reinsurance	563
coverage of the risks of the fund with any company or agency	564
authorized by law to issue contracts of reinsurance;	565

(2) Pay the cost of reinsurance from the fund;

566

(3) Include the costs of reinsurance as a liability and	567
estimated liability of the fund.	568

Section 2.  That existing sections 1561.011, 1561.16,	569
1561.17, 1561.23, 1561.25, 1561.26, 1565.15, and 4131.03 of the	570
Revised Code are hereby repealed.	571

Section 3. It is the intent of the General Assembly that the	572
authorization of a transfer of a portion of the interest money in	573
the Coal-Workers Pneumoconiosis Fund created in section 4131.03 of	574
the Revised Code, by the amendment of that section by this act, to	575
the Mine Safety Fund created in section 1561.24 of the Revised	576
Code, as enacted by this act, is not to be a long-term funding	577
source for the Mine Safety Fund. In addition, the General	578
Assembly's authorization of such a transfer by this act does not	579
establish a precedent for the transfer of money from other Bureau	580
of Workers' Compensation funds to other funds. Finally, the	581
Department of Natural Resources shall examine sources other than	582
the Coal-Workers Pneumoconiosis Fund to provide money for the Mine	583
Safety Fund and report its findings to the Bureau of Workers'	584
Compensation Board of Directors immediately prior to the five-year	585
review of the rules adopted under division (B)(2) of section	586
4131.03 of the Revised Code, as amended by this act.	587

Section 4. This act is hereby declared to be an emergency	588
measure necessary for the immediate preservation of the public	589
peace, health, and safety. The reason for such necessity is that	590
the creation of the Mine Safety Fund by this act enables the	591
Division of Mineral Resources Management in the Department of	592
Natural Resources to establish a new center to provide more rapid	593
response to mine incidents in which mine workers' health or safety	594
may be in jeopardy, and, as a result, the reduction in response	595
times to such incidents could help save mine workers' lives.	596
Therefore, this act shall go into immediate effect.	597