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. 1561.16. (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 |
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 |
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 |
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 |
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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
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 |
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 |