As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. S. B. No. 323

Senator Niehaus 

Cosponsors: Senators Wilson, Harris, Carey, Schuler, Padgett, Seitz, Spada, Mumper, Schaffer, Morano, Boccieri, Cafaro, Fedor, Goodman, Grendell, Kearney, Miller, D., Miller, R., Sawyer, Smith, Stivers, Cates, Amstutz, Faber, Mason, Wagoner, Austria 

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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 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

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

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. NothingExcept as provided in section 1561.24	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 of ten dollarsestablished in rules adopted under this section	56
to the chief on the first day of such examination. Any	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 of ten dollarsestablished in rules adopted under this	102
section to the chief on the first day of the examination. Any	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

AnyExcept as provided in sections 1561.16 and 1561.17 of the	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 mines and reclamationmineral	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 mines and	193
reclamationmineral resources management determines; and one such	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 mines and reclamationmineral resources	228
management.	229

Each of suchthe stations shall at all times be in charge 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

(F)(G) Each operator of an underground coal mine or surface	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

(G)(H) The division may provide emergency medical services	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

(H)(I) No coal mine operator shall violate or fail to comply	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 of workers' compensation shall have the	560
same powers to invest any of the surplus or reserve belonging to	561
the coal-workers pneumoconiosis fund as are delegated to himthe	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, hethe administrator may:	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 June 30July 1,	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