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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 and to | 4 |
amend Section 512.70 of Am. Sub. H.B. 100 of the | 5 |
127th General Assembly to revise certain coal | 6 |
mine safety requirements, to create the Mine | 7 |
Safety Fund to be used for specified mine safety | 8 |
purposes, to allow the Administrator of the | 9 |
Bureau of Workers' Compensation to transfer a | 10 |
portion of the investment earnings of the | 11 |
Coal-Workers Pneumoconiosis Fund to the Mine | 12 |
Safety Fund, to delay the date by which the | 13 |
Administrator of Workers' Compensation must | 14 |
transition from the Micro Insurance Reserve | 15 |
Analysis System by one day, and to declare an | 16 |
emergency. | 17 |
Section 1. That sections 1561.011, 1561.16, 1561.17, 1561.23, | 18 |
1561.25, 1561.26, 1565.15, and 4131.03 be amended and sections | 19 |
1561.24, 1561.261, 1567.64, and 1567.681 of the Revised Code be | 20 |
enacted to read as follows: | 21 |
Sec. 1561.011. | 22 |
of the Revised Code, nothing in this chapter applies to activities | 23 |
that are permitted and regulated under Chapter 1514. of the | 24 |
Revised Code. | 25 |
Sec. 1561.16. (A) As used in this section and sections | 26 |
1561.17 to 1561.21 of the Revised Code, "actual practical | 27 |
experience" means previous employment that involved a person's | 28 |
regular presence in the type of mining operation in which the | 29 |
experience is required to exist; participation in functions | 30 |
relating to the hazards involved in and the utilization of | 31 |
equipment, tools, and work crews and individuals for that type of | 32 |
mining; and regular exposure to the methods, procedures, and | 33 |
safety laws applicable to that type of mining. Credit of up to one | 34 |
year for a portion of the required experience time may be given | 35 |
upon documentation to the chief of the division of mineral | 36 |
resources management of an educational degree in a field related | 37 |
to mining. Credit of up to two years of the required experience | 38 |
time may be given upon presentation to the chief of proof of | 39 |
graduation from an accredited school of mines or mining after a | 40 |
four-year course of study with employment in the mining industry | 41 |
during interim breaks during the school years. | 42 |
(B) A person who applies for a certificate as a mine | 43 |
foreperson of gaseous mines shall be able to read and write the | 44 |
English language; shall have had at least five years' actual | 45 |
practical experience in the underground workings of a gaseous mine | 46 |
or the equivalent thereof in the judgment of the chief; and shall | 47 |
have had practical experience obtained by actual contact with gas | 48 |
in mines and have knowledge of the dangers and nature of noxious | 49 |
and explosive gases and ventilation of gaseous mines. An applicant | 50 |
for a certificate as a foreperson of gaseous mines shall meet the | 51 |
same requirements, except that the applicant shall have had at | 52 |
least three years' actual practical experience in the underground | 53 |
workings of a gaseous mine or the equivalent thereof in the | 54 |
judgment of the chief. Each applicant for examination shall pay a | 55 |
fee | 56 |
to
the
chief on the first day of
such
examination. | 57 |
(C) A person who has been issued a certificate as a mine | 58 |
foreperson or a foreperson of a gaseous mine and who has not | 59 |
worked in an underground coal mine for a period of more than two | 60 |
calendar years shall apply for and obtain recertification from the | 61 |
chief in accordance with rules adopted under this section before | 62 |
performing the duties of a mine foreperson or a foreperson of a | 63 |
gaseous mine. An applicant for recertification shall pay a fee | 64 |
established in rules adopted under this section at the time of | 65 |
application for recertification. | 66 |
(D) A person who has been issued a certificate as a mine | 67 |
foreperson or a foreperson of a gaseous mine and who has not | 68 |
worked in an underground coal mine for a period of one or more | 69 |
calendar years shall successfully complete a retraining course in | 70 |
accordance with rules adopted under this section before performing | 71 |
the duties of a mine foreperson or a foreperson of a gaseous mine. | 72 |
(E) The chief, in consultation with a statewide association | 73 |
representing the coal mining industry and a statewide association | 74 |
representing employees of coal mines, shall adopt rules in | 75 |
accordance with Chapter 119. of the Revised Code that do all of | 76 |
the following: | 77 |
(1) Prescribe requirements, criteria, and procedures for the | 78 |
recertification of a mine foreperson or a foreperson of a gaseous | 79 |
mine who has not worked in an underground coal mine for a period | 80 |
of more than two calendar years; | 81 |
(2) Prescribe requirements, criteria, and procedures for the | 82 |
retraining of a mine foreperson or a foreperson of a gaseous mine | 83 |
who has not worked in an underground coal mine for a period of one | 84 |
or more calendar years; | 85 |
(3) Establish fees for the examination and recertification of | 86 |
mine forepersons or forepersons of gaseous mines under this | 87 |
section; | 88 |
(4) Prescribe any other requirements, criteria, and | 89 |
procedures that the chief determines are necessary to administer | 90 |
this section. | 91 |
(F) Any moneys collected under this section shall be paid | 92 |
into the state treasury to the credit of the mining regulation | 93 |
fund created in section 1561.48 of the Revised Code. | 94 |
Sec. 1561.17. (A) A person who applies for a certificate as | 95 |
mine foreperson or foreperson of nongaseous mines shall be able to | 96 |
read and write the English language; shall have had at least three | 97 |
years' actual practical experience in mines, or the equivalent | 98 |
thereof in the judgment of the chief of the division of mineral | 99 |
resources management; and shall have knowledge of the dangers and | 100 |
nature of noxious gases. Each applicant for examination shall pay | 101 |
a fee | 102 |
section to the
chief on the first day of the
examination. | 103 |
(B) A person who has been issued a certificate as a mine | 104 |
foreperson or a foreperson of a nongaseous coal mine and who has | 105 |
not worked in an underground coal mine for a period of more than | 106 |
two calendar years shall apply for and obtain recertification | 107 |
from the chief in accordance with rules adopted under this | 108 |
section before performing the duties of a mine foreperson or a | 109 |
foreperson of a nongaseous coal mine. An applicant for | 110 |
recertification shall pay a fee established in rules adopted | 111 |
under this section at the time of application for | 112 |
recertification. | 113 |
(C) A person who has been issued a certificate as a mine | 114 |
foreperson or a foreperson of a nongaseous coal mine and who has | 115 |
not worked in an underground coal mine for a period of one or | 116 |
more calendar years shall successfully complete a retraining | 117 |
course in accordance with rules adopted under this section before | 118 |
performing the duties of a mine foreperson or a foreperson of a | 119 |
nongaseous coal mine. | 120 |
(D) The chief, in consultation with a statewide association | 121 |
representing the coal mining industry and a statewide association | 122 |
representing employees of coal mines, shall adopt rules in | 123 |
accordance with Chapter 119. of the Revised Code that do all of | 124 |
the following: | 125 |
(1) Prescribe requirements, criteria, and procedures for the | 126 |
recertification of a mine foreperson or a foreperson of a | 127 |
nongaseous coal mine who has not worked in an underground coal | 128 |
mine for a period of more than two calendar years; | 129 |
(2) Prescribe requirements, criteria, and procedures for the | 130 |
retraining of a mine foreperson or a foreperson of a nongaseous | 131 |
coal mine who has not worked in an underground coal mine for a | 132 |
period of one or more calendar years; | 133 |
(3) Establish fees for the examination and recertification of | 134 |
mine forepersons or forepersons of nongaseous coal mines under | 135 |
this section; | 136 |
(4) Prescribe any other requirements, criteria, and | 137 |
procedures that the chief determines are necessary to administer | 138 |
this section. | 139 |
(E) Any moneys collected under this section shall be paid | 140 |
into the state treasury to the credit of the mining regulation | 141 |
fund created in section 1561.48 of the Revised Code. | 142 |
Sec. 1561.23. The chief of the division of mineral resources | 143 |
management shall issue the following certificates to those | 144 |
applicants who pass their examination: | 145 |
(A) Certificates for mine forepersons of gaseous mines; | 146 |
(B) Certificates for mine forepersons of nongaseous mines; | 147 |
(C) Certificates for forepersons of gaseous mines; | 148 |
(D) Certificates for forepersons of nongaseous mines; | 149 |
(E) Certificates for forepersons of surface maintenance | 150 |
facilities of underground or surface mines; | 151 |
(F) Certificates for mine forepersons of surface mines; | 152 |
(G) Certificates for forepersons of surface mines; | 153 |
(H) Certificates for fire bosses; | 154 |
(I) Certificates for mine electricians; | 155 |
(J) Certificates for surface mine blasters; | 156 |
(K) Certificates for shot firers. | 157 |
Applicants for certificates shall make application to the | 158 |
chief, on a form provided by the chief, for examination. All | 159 |
applicants shall be able to read and write the English language | 160 |
intelligently, and shall furnish the chief with a certificate as | 161 |
to their character, length and description of their practical | 162 |
experience, and satisfactory evidence of their ability to perform | 163 |
the duties of the position for which they make application for | 164 |
examination. | 165 |
| 166 |
Revised Code, any certificate issued by the former mine examining | 167 |
board prior to October 29, 1995, shall remain in effect | 168 |
notwithstanding the new classifications of certificates | 169 |
established by this section. | 170 |
Sec. 1561.24. For purposes of this chapter, Chapters 1563., | 171 |
1565., and 1567., and sections 1514.40 to 1514.50 of the Revised | 172 |
Code, there is hereby created in the state treasury the mine | 173 |
safety fund. The fund shall consist of money transferred to it by | 174 |
the administrator of workers' compensation from the coal-workers | 175 |
pneumoconiosis fund established in section 4131.03 of the Revised | 176 |
Code. All investment earnings of the mine safety fund shall be | 177 |
credited to the fund. The chief of the division of mineral | 178 |
resources management shall use money in the fund for all of the | 179 |
following purposes: | 180 |
(A) Mine safety and health inspections and audits; | 181 |
(B) The purchase and maintenance of mine rescue and | 182 |
inspection equipment; | 183 |
(C) The purchase or lease of facilities for use as mine | 184 |
rescue stations and for mine rescue and safety training; | 185 |
(D) Mine rescue and safety and health training of miners; | 186 |
(E) Certification and recertification of mine officials. | 187 |
Sec. 1561.25. The division of | 188 |
resources management shall establish and maintain four rescue | 189 |
stations. Three of such stations shall be centrally located at | 190 |
such places, conveniently accessible to the mines and mining areas | 191 |
of the state so as to cover the largest number of mines in the | 192 |
shortest period of time, as the chief of
the division of | 193 |
194 | |
station may be maintained at the mine laboratory provided for in | 195 |
section 1561.27 of the Revised Code. In establishing such stations | 196 |
the chief may use quarters owned by or in the possession and | 197 |
control of the state, if available, or may lease other quarters | 198 |
therefor. Each station shall be equipped with rescue and first aid | 199 |
apparatus and other equipment as follows: | 200 |
(A) One motor truck of sufficient capacity to carry the | 201 |
equipment prescribed by this section; | 202 |
(B) Not less than six approved breathing apparatus, complete | 203 |
and in good working order; | 204 |
(C) One recharging or refilling motor-driven pump for | 205 |
recharging oxygen cylinders; | 206 |
(D) Not less than ten oxygen storage cylinders; | 207 |
(E) One resuscitating outfit; | 208 |
(F) Not less than five approved flame safety lamps and one | 209 |
lamp testing cabinet; | 210 |
(G) Not less than two carbon monoxide detectors; | 211 |
(H) One approved methane indicating detector; | 212 |
(I) Not less than ten approved electric mine safety cap lamps | 213 |
complete; | 214 |
(J) Charging equipment for cap lamps; | 215 |
(K) Not less than five hundred feet of two-inch hose of | 216 |
standard connections and nozzles complete; | 217 |
(L) All the equipment necessary to provide emergency medical | 218 |
services, including that necessary for the services of a paramedic | 219 |
as defined in section 4765.01 of the Revised Code, and to | 220 |
establish and maintain an intravenous lifeline; | 221 |
(M) Sufficient parts, supplies, and other necessary equipment | 222 |
for maintenance and operation of the equipment prescribed in this | 223 |
section. | 224 |
All equipment shall be inspected and tested weekly for | 225 |
efficiency and operation, and be maintained in an effective | 226 |
operating condition. Reports of the condition shall be sent in | 227 |
writing to the division of | 228 |
management. | 229 |
Each of | 230 |
an assistant superintendent of rescue stations. Each assistant | 231 |
superintendent shall, under the supervision of the superintendent | 232 |
of rescue stations, conduct classes in first aid, mine safety, | 233 |
rescue work, and other safety educational work for the benefit of | 234 |
people desiring to take the same. They shall keep the equipment | 235 |
prescribed in this section in good condition, and see that this | 236 |
equipment reaches any mine whenever it is needed as expeditiously | 237 |
as possible. They shall help to perform whatever duties are | 238 |
necessary. | 239 |
All such stations shall be under the direction of the | 240 |
superintendent. | 241 |
Sec. 1561.26. (A) As used in this section | 242 |
(1) "EMT-basic," "EMT-I," and "paramedic" have the same | 243 |
meanings as in section 4765.01 of the Revised Code. | 244 |
(2) "Mine medical responder" has the same meaning as in | 245 |
section 1565.15 of the Revised Code. | 246 |
(B) The superintendent of rescue stations, with the approval | 247 |
of the chief of the division of mineral resources management, | 248 |
shall, at each rescue station provided for in section 1561.25 of | 249 |
the Revised Code, train and employ rescue crews of six members | 250 |
each, one of whom shall hold a mine foreperson or fire boss | 251 |
certificate and be designated captain, and train and employ any | 252 |
number of such rescue crews as the superintendent believes | 253 |
necessary. One member of a rescue crew shall be certified as an | 254 |
EMT-basic, EMT-I, mine medical responder, or paramedic. Each | 255 |
member of a rescue crew shall devote the time specified by the | 256 |
chief each month for training purposes and shall be available at | 257 |
all times to assist in rescue work at explosions, mine fires, and | 258 |
other emergencies. | 259 |
A captain of mine rescue crews shall receive for service as | 260 |
captain the sum of twenty-four dollars per month, and each member | 261 |
shall receive the sum of twenty dollars per month, all payable on | 262 |
requisition approved by the chief. When engaged in rescue work at | 263 |
explosions, mine fires, or other emergencies away from their | 264 |
station, the members of the rescue crews and captains of the same | 265 |
shall be paid the sum of six dollars per hour for work on the | 266 |
surface, which includes the time consumed by those members in | 267 |
traveling to and from the scene of the emergency when the scene is | 268 |
away from the station of the members, and the sum of seven dollars | 269 |
per hour for all work underground at the emergency, and in | 270 |
addition thereto, the necessary living expenses of the members | 271 |
when the emergency is away from their home station, all payable on | 272 |
requisition approved by the chief. | 273 |
Each member of a mine rescue crew shall undergo an annual | 274 |
medical examination. The chief may designate to perform an | 275 |
examination any individual authorized by the Revised Code to do | 276 |
so, including a physician assistant, a clinical nurse specialist, | 277 |
a certified nurse practitioner, or a certified nurse-midwife. In | 278 |
designating the individual to perform a medical examination, the | 279 |
chief shall choose one near the station of the member of the | 280 |
rescue crews. The examiner shall report the examination results to | 281 |
the chief and if, in the opinion of the chief, the report | 282 |
indicates that the member is physically unfit for further | 283 |
services, the chief shall relieve the member from further duty. | 284 |
The fee charged by the examiner for the examination shall be paid | 285 |
in the same manner as fees are paid to doctors employed by the | 286 |
industrial commission for special medical examinations. | 287 |
The chief may remove any member of a rescue crew for any | 288 |
reason. Such crews shall be subject to the orders of the chief, | 289 |
the superintendent, and the deputy mine inspectors when engaged in | 290 |
actual mine rescue work. Mine rescue crews shall, in case of | 291 |
death or injury when engaged in rescue work, wherever the same may | 292 |
occur, be paid compensation, or their dependents shall be paid | 293 |
death benefits, from the workers' compensation fund, in the same | 294 |
manner as other employees of the state. | 295 |
(C) In addition to the training of rescue crews, each | 296 |
assistant superintendent of rescue stations, with the approval of | 297 |
the superintendent, shall provide for and conduct safety, first | 298 |
aid, and rescue classes at any mine or for any group of miners who | 299 |
make application for the conducting of such classes. The chief may | 300 |
assess a fee for safety and first aid classes for the purpose of | 301 |
covering the costs associated with providing those classes. The | 302 |
chief shall establish a fee schedule for safety and first aid | 303 |
classes by rule adopted in accordance with Chapter 119. of the | 304 |
Revised Code. Fees collected under this section shall be deposited | 305 |
in the surface mining fund created in section 1514.06 of the | 306 |
Revised Code. | 307 |
The superintendent shall prescribe and provide for a uniform | 308 |
schedule of conducting such safety and rescue classes as will | 309 |
provide a competent knowledge of modern safety and rescue methods | 310 |
in, at, and about mines. | 311 |
(D) No member of a mine rescue crew who performs mine rescue | 312 |
at an underground coal mine and no operator of a mine whose | 313 |
employee participates as a member of such a mine rescue crew is | 314 |
liable in any civil action that arises under the laws of this | 315 |
state for damage or injury caused in the performance of rescue | 316 |
work at an underground coal mine. However, a member of such a mine | 317 |
rescue crew may be liable if the member acted with malicious | 318 |
purpose, in bad faith, or in a wanton or reckless manner. | 319 |
This division does not eliminate, limit, or reduce any | 320 |
immunity from civil liability that is conferred on a member of | 321 |
such a mine rescue crew or an operator by any other provision of | 322 |
the Revised Code or by case law. | 323 |
Sec. 1561.261. Except for civil actions in which the state is | 324 |
the plaintiff, no employee of the division of mineral resources | 325 |
management who performs rescue work at an underground coal mine is | 326 |
liable in any civil action that arises under the laws of this | 327 |
state for damage or injury caused in the performance of rescue | 328 |
work at an underground coal mine unless the employee acted with | 329 |
malicious purpose, in bad faith, or in a wanton or reckless | 330 |
manner. | 331 |
This section does not eliminate, limit, or reduce any | 332 |
immunity from civil liability that is conferred on an employee of | 333 |
the division by any other provision of the Revised Code or by case | 334 |
law. | 335 |
Sec. 1565.15. (A) As used in this section: | 336 |
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency medical | 337 |
service organization" have the same meanings as in section 4765.01 | 338 |
of the Revised Code. | 339 |
(2) "First aid provider" includes a mine medical responder, | 340 |
an EMT-basic, an EMT-I, a paramedic, or an employee at a surface | 341 |
coal mine who has satisfied the training requirements established | 342 |
in division (D)(1) of this section. | 343 |
(3) "Mine medical responder" means a person who has satisfied | 344 |
the requirements established in rules adopted under division (E) | 345 |
of this section. | 346 |
(B) The operator of an underground coal mine where twenty or | 347 |
more persons are employed on a shift, including all persons | 348 |
working at different locations at the mine within a ten-mile | 349 |
radius, shall provide at least one mine medical responder, | 350 |
EMT-basic, or EMT-I on duty at the underground coal mine whenever | 351 |
employees at the mine are actively engaged in the extraction, | 352 |
production, or preparation of coal. The operator shall provide | 353 |
mine medical responders, EMTs-basic, or EMTs-I on duty at the | 354 |
underground coal mine at times and in numbers sufficient to ensure | 355 |
that no miner works in a mine location that cannot be reached | 356 |
within a reasonable time by a mine medical responder, an | 357 |
EMT-basic, or an EMT-I. Mine medical responders, EMTs-basic, and | 358 |
EMTs-I shall be employed on their regular coal mining duties at | 359 |
locations convenient for quick response to emergencies in order to | 360 |
provide emergency medical services inside the underground coal | 361 |
mine and transportation of injured or sick employees to the | 362 |
entrance of the mine. The operator shall provide for the services | 363 |
of at least one emergency medical service organization to be | 364 |
available on call to reach the entrance of the underground coal | 365 |
mine within thirty minutes at any time that employees are engaged | 366 |
in the extraction, production, or preparation of coal in order to | 367 |
provide emergency medical services and transportation to a | 368 |
hospital. | 369 |
The operator shall make available to mine medical responders, | 370 |
EMTs-basic, and EMTs-I all of the equipment for first aid and | 371 |
emergency medical services that is necessary for those personnel | 372 |
to function and to comply with the regulations pertaining to | 373 |
first aid and emergency medical services that are adopted under | 374 |
the "Federal Mine Safety and Health Act of 1977," 91 Stat. 1290, | 375 |
30 U.S.C.A. 801, and amendments to it. The operator of the | 376 |
underground coal mine shall install telephone service or | 377 |
equivalent facilities that enable two-way voice communication | 378 |
between the mine medical responders, EMTs-basic, or EMTs-I in the | 379 |
mine and the emergency medical service organization outside the | 380 |
mine that provides emergency medical services on a regular basis. | 381 |
(C) The operator of a surface coal mine shall provide at | 382 |
least one first aid provider on duty at the mine whenever | 383 |
employees at the mine are actively engaged in the extraction, | 384 |
production, or preparation of coal. The operator shall provide | 385 |
first aid providers on duty at the surface coal mine at times and | 386 |
in numbers sufficient to ensure that no miner works in a mine | 387 |
location that cannot be reached within a reasonable time by a | 388 |
first aid provider. First aid providers shall be employed on their | 389 |
regular coal mining duties at locations convenient for quick | 390 |
response to emergencies in order to provide emergency medical | 391 |
services and transportation of injured or sick employees to the | 392 |
entrance of the surface coal mine. The operator shall provide for | 393 |
the services of at least one emergency medical service | 394 |
organization to be available on call to reach the entrance of the | 395 |
surface coal mine within thirty minutes at any time that employees | 396 |
are engaged in the extraction, production, or preparation of coal | 397 |
in order to provide emergency medical services and transportation | 398 |
to a hospital. | 399 |
The operator shall provide at the mine site all of the | 400 |
equipment for first aid and emergency medical services that is | 401 |
necessary for those personnel to function and to comply with the | 402 |
regulations pertaining to first aid and emergency medical services | 403 |
that are adopted under the "Federal Mine Safety and Health Act of | 404 |
1977," 91 Stat. 1290, 30 U.S.C.A. 801, and amendments to it. | 405 |
(D)(1) An employee at a surface coal mine shall be considered | 406 |
to be a first aid provider for the purposes of this section if the | 407 |
employee has received from an instructor approved by the chief of | 408 |
the division of mineral resources management ten hours of initial | 409 |
first aid training as a selected supervisory employee under 30 | 410 |
C.F.R. 77.1703 and receives five hours of refresher first aid | 411 |
training as a selected supervisory employee under 30 C.F.R. | 412 |
77.1705 in each subsequent calendar year. | 413 |
(2) Each miner employed at a surface coal mine who is not a | 414 |
first aid provider shall receive from an instructor approved by | 415 |
the chief three hours of initial first aid training and two hours | 416 |
of refresher first aid training in each subsequent calendar year. | 417 |
(3) The training received in accordance with division (D) of | 418 |
this section shall consist of a course of instruction established | 419 |
in the manual issued by the mine safety and health administration | 420 |
in the United States department of labor entitled "first aid, a | 421 |
bureau of mines instruction manual" or its successor or any other | 422 |
curriculum approved by the chief. The training shall be included | 423 |
in the hours of instruction provided to miners in accordance with | 424 |
training requirements established under 30 C.F.R. part 48, subpart | 425 |
(B), as amended, and 30 C.F.R. part 77, as amended. | 426 |
(E) The chief, in consultation with persons certified under | 427 |
Chapter 4765. of the Revised Code to teach in an emergency medical | 428 |
services training program, shall adopt rules in accordance with | 429 |
Chapter 119. of the Revised Code that do all of the following: | 430 |
(1) Prescribe training requirements for a mine medical | 431 |
responder that specifically focus on treating injuries and | 432 |
illnesses associated with underground coal mining; | 433 |
(2) Prescribe an examination for a mine medical responder; | 434 |
(3) Prescribe continuing training requirements for a mine | 435 |
medical responder; | 436 |
(4) Establish the fee for examination for a mine medical | 437 |
responder; | 438 |
(5) Prescribe any other requirements, criteria, and | 439 |
procedures that the chief determines are necessary regarding the | 440 |
training, examination, and continuing training of mine medical | 441 |
responders. | 442 |
If a person qualifies as a mine medical responder or similar | 443 |
classification in another state, the person may provide emergency | 444 |
medical services as a mine medical responder in this state | 445 |
without completing the training or passing the examination that | 446 |
is required in rules adopted under this division, provided that | 447 |
the chief determines that the person's qualifications from the | 448 |
other state satisfy all of the applicable requirements that are | 449 |
established in rules adopted under this division. | 450 |
(F) Each operator of a surface coal mine shall establish, | 451 |
keep current, and make available for inspection an emergency | 452 |
medical plan that includes the telephone numbers of the division | 453 |
of mineral resources management and of an emergency medical | 454 |
services organization the services of which are required to be | 455 |
retained under division (C) of this section. The chief shall adopt | 456 |
rules in accordance with Chapter 119. of the Revised Code that | 457 |
establish any additional information required to be included in an | 458 |
emergency medical plan. | 459 |
| 460 |
coal mine shall provide or contract to obtain emergency medical | 461 |
services training or first aid training, as applicable, at the | 462 |
operator's expense, that is sufficient to train and maintain the | 463 |
certification of the number of employees necessary to comply with | 464 |
division (B) of this section and that is sufficient to train | 465 |
employees as required under division (D) of this section and to | 466 |
comply with division (C) of this section. | 467 |
| 468 |
training for coal mine employees by operating an emergency medical | 469 |
services training program accredited under section 4765.17 of the | 470 |
Revised Code or by contracting with the operator of an emergency | 471 |
medical services training program accredited under that section to | 472 |
provide that training. The division may charge coal mine operators | 473 |
a uniform part of the unit cost per trainee. | 474 |
| 475 |
with this section. | 476 |
Sec. 1567.64. (A) As used in this section, "tag lines" and | 477 |
"tie-off lines" have the same meanings as in rules adopted under | 478 |
this section. | 479 |
(B) The operator of an underground coal mine shall provide | 480 |
tag lines or tie-off lines for each miner at the mine. The | 481 |
operator shall provide and employees of the mine shall use tag | 482 |
lines or tie-off lines in accordance with requirements and | 483 |
procedures established in rules adopted under this section. | 484 |
(C) The chief of the division of mineral resources | 485 |
management, in consultation with a statewide association | 486 |
representing the coal mining industry and a statewide association | 487 |
representing employees of coal mines, shall adopt rules in | 488 |
accordance with Chapter 119. of the Revised Code concerning the | 489 |
use of tag lines or tie-off lines in an underground coal mine. The | 490 |
rules shall include all of the following: | 491 |
(1) A definition of "tag line" and of "tie-off line"; | 492 |
(2) A description or list of acceptable tag lines and tie-off | 493 |
lines; | 494 |
(3) Procedures and requirements for the use of tag lines and | 495 |
tie-off lines; | 496 |
(4) Procedures for the approval and inspection of the use of | 497 |
tag lines and tie-off lines in a mine; | 498 |
(5) Any other requirements concerning tag lines or tie-off | 499 |
lines that the chief determines are necessary. | 500 |
(D) No operator of a mine shall refuse or neglect to comply | 501 |
with this section or rules adopted under it. | 502 |
Sec. 1567.681. (A) The operator of an underground coal mine | 503 |
that uses conveyor belts in the operation of the mine shall | 504 |
install fire detection devices on each conveyor belt that is used | 505 |
in the mine. The fire detection devices shall be of a design and | 506 |
type established in rules adopted under this section. The chief of | 507 |
the division of mineral resources management shall inspect the | 508 |
fire detection devices after the operator of the mine has | 509 |
installed the devices on the conveyor belts that are used in the | 510 |
operation of the mine. The chief shall approve or disapprove the | 511 |
installation of the fire detection devices and shall notify the | 512 |
operator of the chief's decision. | 513 |
(B) The chief, in consultation with a statewide association | 514 |
representing the coal mining industry and a statewide association | 515 |
representing employees of coal mines, shall adopt rules in | 516 |
accordance with Chapter 119. of the Revised Code concerning the | 517 |
installation and use of fire detection devices on conveyor belts | 518 |
that are used in an underground coal mine. The rules shall include | 519 |
all of the following: | 520 |
(1) The design and types of fire detection devices that must | 521 |
be used on a conveyor belt in order to provide for the earliest | 522 |
possible detection of a fire; | 523 |
(2) The number of fire detection devices that are required | 524 |
on a conveyor belt; | 525 |
(3) A procedure for the notification of the chief after the | 526 |
operator of a mine has installed the fire detection devices; | 527 |
(4) A procedure for the inspection of fire detection devices | 528 |
installed on a conveyor belt; | 529 |
(5) Any other requirements that the chief determines are | 530 |
necessary. | 531 |
(C) No operator of a mine shall refuse or neglect to comply | 532 |
with this section or rules adopted under it. | 533 |
Sec. 4131.03. (A) For the relief of persons who are entitled | 534 |
to receive benefits by virtue of the federal act, there is hereby | 535 |
established a coal-workers pneumoconiosis fund, which shall be | 536 |
separate from the funds established and administered pursuant to | 537 |
Chapter 4123. of the Revised Code. The fund shall consist of | 538 |
premiums and other payments thereto by subscribers who elect to | 539 |
subscribe to the fund to insure the payment of benefits required | 540 |
by the federal act. | 541 |
(B)(1) The coal-workers pneumoconiosis fund shall be in the | 542 |
custody of the treasurer of state. The bureau of workers' | 543 |
compensation shall make disbursements from the fund to those | 544 |
persons entitled to payment therefrom and in the amounts required | 545 |
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All | 546 |
investment earnings of the fund shall be credited to the fund. | 547 |
(2) The administrator of workers' compensation may transfer a | 548 |
portion of the investment earnings credited to the coal-workers | 549 |
pneumoconiosis fund to the mine safety fund created in section | 550 |
1561.24 of the Revised Code for the purposes specified in that | 551 |
section. The administrator, with the advice and consent of the | 552 |
bureau of workers' compensation board of directors, shall adopt | 553 |
rules governing the transfer in order to ensure the solvency of | 554 |
the coal-workers pneumoconiosis fund. For that purpose, the rules | 555 |
may establish tests based on measures of net assets, liabilities, | 556 |
expenses, interest, dividend income, or other factors that the | 557 |
administrator determines appropriate that may be applied prior to | 558 |
a transfer. | 559 |
(C) The administrator | 560 |
same powers to invest any of the surplus or reserve belonging to | 561 |
the coal-workers pneumoconiosis fund as are delegated to | 562 |
administrator under section 4123.44 of the Revised Code with | 563 |
respect to the state insurance fund. | 564 |
(D) If the administrator determines that reinsurance of the | 565 |
risks of the coal-workers pneumoconiosis fund is necessary to | 566 |
assure solvency of the fund, | 567 |
(1) Enter into contracts for the purchase of reinsurance | 568 |
coverage of the risks of the fund with any company or agency | 569 |
authorized by law to issue contracts of reinsurance; | 570 |
(2) Pay the cost of reinsurance from the fund; | 571 |
(3) Include the costs of reinsurance as a liability and | 572 |
estimated liability of the fund. | 573 |
Section 2. That existing sections 1561.011, 1561.16, | 574 |
1561.17, 1561.23, 1561.25, 1561.26, 1565.15, and 4131.03 of the | 575 |
Revised Code are hereby repealed. | 576 |
Section 3. That Section 512.70 of Am. Sub. H.B. 100 of the | 577 |
127th General Assembly be amended to read as follows: | 578 |
Sec. 512.70. The Administrator of Workers' Compensation | 579 |
shall completely transition from use of the Micro Insurance | 580 |
Reserve Analysis System to a different system or different version | 581 |
of that system to determine the reserves for use in establishing | 582 |
premium rates assessed for the purposes of Chapter 4121., 4123., | 583 |
4127., or 4131. of the Revised Code on or before | 584 |
2008. A contract between the Administrator and a vendor for the | 585 |
System in existence on the effective date of this section shall | 586 |
expire in accordance with the terms of the contract, and the | 587 |
Administrator may renew or extend that contract only for a period | 588 |
of time that does not extend past June 30, 2008. | 589 |
The Administrator shall transition to a reserve analysis | 590 |
system that is characterized as transparent in nature and for that | 591 |
purpose of transparency, satisfies both of the following criteria: | 592 |
(A) The manner in which the system uses data can be | 593 |
understood in general terms by employers who are subject to | 594 |
Chapters 4121., 4123., 4127., and 4131. of the Revised Code and | 595 |
other persons interested in use of the system; | 596 |
(B) The type of data the system uses in making reserve | 597 |
analysis can be explained to employers who are subject to Chapters | 598 |
4121., 4123., 4127., and 4131. of the Revised Code and other | 599 |
persons interested in use of the system. | 600 |
The Administrator shall communicate information describing | 601 |
the manner in which the new reserve analysis system uses data and | 602 |
the type of data the system uses in making reserve analysis to | 603 |
employers who are subject to Chapters 4121., 4123., 4127., and | 604 |
4131. of the Revised Code and to any other persons who request | 605 |
such information. | 606 |
Section 4. That existing Section 512.70 of Am. Sub. H.B. 100 | 607 |
of the 127th General Assembly is hereby repealed. | 608 |
Section 5. It is the intent of the General Assembly that the | 609 |
authorization of a transfer of a portion of the interest money in | 610 |
the Coal-Workers Pneumoconiosis Fund created in section 4131.03 of | 611 |
the Revised Code, by the amendment of that section by this act, to | 612 |
the Mine Safety Fund created in section 1561.24 of the Revised | 613 |
Code, as enacted by this act, is not to be a long-term funding | 614 |
source for the Mine Safety Fund. In addition, the General | 615 |
Assembly's authorization of such a transfer by this act does not | 616 |
establish a precedent for the transfer of money from other Bureau | 617 |
of Workers' Compensation funds to other funds. Finally, the | 618 |
Department of Natural Resources shall examine sources other than | 619 |
the Coal-Workers Pneumoconiosis Fund to provide money for the Mine | 620 |
Safety Fund and report its findings to the Bureau of Workers' | 621 |
Compensation Board of Directors immediately prior to the five-year | 622 |
review of the rules adopted under division (B)(2) of section | 623 |
4131.03 of the Revised Code, as amended by this act. | 624 |
Section 6. This act is hereby declared to be an emergency | 625 |
measure necessary for the immediate preservation of the public | 626 |
peace, health, and safety. The reason for such necessity is that | 627 |
the creation of the Mine Safety Fund by this act enables the | 628 |
Division of Mineral Resources Management in the Department of | 629 |
Natural Resources to establish a new center to provide more rapid | 630 |
response to mine incidents in which mine workers' health or safety | 631 |
may be in jeopardy, and, as a result, the reduction in response | 632 |
times to such incidents could help save mine workers' lives. | 633 |
Therefore, this act shall go into immediate effect. | 634 |