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Am. S. B. No. 323 As Reported by the Senate Environment and Natural Resources CommitteeAs Reported by the Senate Environment and Natural Resources Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Wilson, Harris, Carey, Schuler, Padgett, Seitz, Spada, Mumper, Schaffer, Morano
A BILL
To amend sections 1561.011, 1561.16, 1561.17,
1561.23, 1561.25, 1561.26,
1565.15, and 4131.03,
and to
enact sections 1561.24,
1561.261,
1567.64, and
1567.681 of the Revised
Code and to
amend Section 512.70 of Am. Sub. H.B. 100 of the
127th General Assembly to
revise certain
coal
mine safety
requirements, to
create the Mine
Safety Fund to be used for
specified mine safety
purposes, to allow the
Administrator of the
Bureau of Workers'
Compensation to transfer a
portion of the
investment earnings of the
Coal-Workers
Pneumoconiosis Fund to the Mine
Safety Fund, to delay the date by which the
Administrator of Workers' Compensation must
transition from the Micro Insurance Reserve
Analysis System by one day, and
to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1561.011, 1561.16, 1561.17, 1561.23,
1561.25,
1561.26,
1565.15, and 4131.03 be amended and sections
1561.24,
1561.261, 1567.64,
and 1567.681 of the Revised Code be
enacted to
read as follows:
Sec. 1561.011. Nothing Except as provided in section 1561.24
of the Revised Code, nothing in this chapter applies to activities
that are permitted and regulated under Chapter 1514. of the
Revised Code.
Sec. 1561.16. (A) As used in this section and sections
1561.17 to 1561.21 of the Revised Code, "actual practical
experience" means previous employment that involved a person's
regular presence in the type of mining operation in which the
experience is required to exist; participation in functions
relating to the hazards involved in and the utilization of
equipment, tools, and work crews and individuals for that type of
mining; and regular exposure to the methods, procedures, and
safety laws applicable to that type of mining. Credit of up to
one
year for a portion of the required experience time may be
given
upon documentation to the
chief of the
division of mineral
resources management of an
educational degree
in a field related
to mining. Credit of up to
two years of the
required experience
time may be given upon
presentation to the
chief of proof of
graduation
from an
accredited school of mines or mining after a
four-year
course of
study with employment in the mining industry
during
interim breaks
during the school years.
(B) A person who applies for a certificate as a mine
foreperson of gaseous mines shall be able to read and
write the
English language; shall have had at least five years' actual
practical experience in the underground workings of a gaseous
mine
or the equivalent thereof in the judgment of the
chief; and shall
have had practical experience obtained
by
actual contact with gas
in mines and have knowledge of the
dangers
and nature of noxious
and explosive gases and ventilation
of
gaseous mines. An
applicant
for a certificate as a
foreperson of gaseous mines
shall meet the
same requirements,
except
that the
applicant shall
have had at
least three years'
actual practical
experience in the
underground
workings of a
gaseous mine or the
equivalent thereof
in the
judgment of the
chief.
Each applicant for examination
shall pay a
fee of ten dollars established in rules adopted under this section
to
the
chief on the first day of
such
examination. Any
(C) A person who has been issued a certificate as a mine
foreperson or a foreperson of a gaseous mine and who has not
worked in an underground coal mine for a period of more than two
calendar years shall apply for and obtain recertification from the
chief in accordance with rules adopted under this section before
performing the duties of a mine foreperson or a foreperson of a
gaseous mine. An applicant for recertification shall pay a fee
established in rules adopted under this section at the time of
application for recertification.
(D) A person who has been issued a certificate as a mine
foreperson or a foreperson of a gaseous mine and who has not
worked in an underground coal mine for a period of one or more
calendar years shall successfully complete a retraining course in
accordance with rules adopted under this section before performing
the duties of a mine foreperson or a foreperson of a gaseous mine.
(E) The chief, in consultation with a statewide association
representing the coal mining industry and a statewide association
representing employees of coal mines, shall adopt rules in
accordance with Chapter
119. of the Revised Code that do all of
the following:
(1) Prescribe requirements, criteria, and procedures for the
recertification of a mine foreperson or a foreperson of a gaseous
mine who has not worked in an underground coal mine for a period
of more than two calendar years;
(2) Prescribe requirements, criteria, and procedures for the
retraining of a mine foreperson or a foreperson of a gaseous mine
who has not worked in an underground coal mine for a period of one
or more calendar years;
(3) Establish fees for the examination and recertification of
mine forepersons or forepersons of gaseous mines
under this
section;
(4) Prescribe any other requirements, criteria, and
procedures that the chief determines are necessary to administer
this section.
(F) Any moneys
collected under this section shall
be
paid
into the state
treasury to the credit of the mining
regulation
fund created in section 1561.48 of the
Revised Code.
Sec. 1561.17. (A) A person who applies for a certificate as
mine
foreperson or
foreperson of nongaseous mines
shall
be able to
read and write the English
language; shall have had at
least three
years' actual practical experience in
mines, or the
equivalent
thereof in the judgment of the
chief of the division of mineral
resources management; and shall
have knowledge of the dangers and
nature of noxious
gases. Each
applicant for examination shall pay
a fee of ten dollars established in rules adopted under this
section to the
chief on the first day of the
examination. Any
(B) A person who has been issued a certificate as a mine
foreperson or a foreperson of a nongaseous coal mine and who has
not
worked in an underground coal mine for a period of more than
two
calendar years shall apply for and obtain recertification
from the
chief in accordance with rules adopted under this
section before
performing the duties of a mine foreperson or a
foreperson of a
nongaseous coal mine. An applicant for
recertification shall pay a
fee
established in rules adopted
under this section at the time of
application for
recertification.
(C) A person who has been issued a certificate as a mine
foreperson or a foreperson of a nongaseous coal mine and who has
not
worked in an underground coal mine for a period of one or
more
calendar years shall successfully complete a retraining
course in
accordance with rules adopted under this section before
performing
the duties of a mine foreperson or a foreperson of a
nongaseous coal
mine.
(D) The chief, in consultation with a statewide association
representing the coal mining industry and a statewide association
representing employees of coal mines, shall adopt rules in
accordance with Chapter
119. of the Revised Code that do all of
the following:
(1) Prescribe requirements, criteria, and procedures for the
recertification of a mine foreperson or a foreperson of a
nongaseous coal mine who has not worked in an underground coal
mine for
a period of more than two calendar years;
(2) Prescribe requirements, criteria, and procedures for the
retraining of a mine foreperson or a foreperson of a nongaseous
coal
mine who has not worked in an underground coal mine for a
period
of one or more calendar years;
(3) Establish fees for the examination and recertification of
mine forepersons or forepersons of nongaseous coal
mines under
this
section;
(4) Prescribe any other requirements, criteria, and
procedures that the chief determines are necessary to administer
this section.
(E) Any moneys
collected under this
section shall be
paid
into the state treasury
to the credit of the
mining
regulation
fund created in section
1561.48 of the Revised Code.
Sec. 1561.23. The
chief of the division
of mineral
resources
management shall issue the
following
certificates to
those
applicants who pass their
examination:
(A) Certificates for mine
forepersons of gaseous
mines;
(B) Certificates for mine
forepersons of nongaseous
mines;
(C) Certificates for
forepersons of gaseous mines;
(D) Certificates for
forepersons of nongaseous
mines;
(E) Certificates for
forepersons of surface
maintenance
facilities of underground or surface mines;
(F) Certificates for mine
forepersons of surface
mines;
(G) Certificates for
forepersons of surface mines;
(H) Certificates for fire bosses;
(I) Certificates for mine electricians;
(J) Certificates for surface mine blasters;
(K) Certificates for shot firers.
Applicants for certificates shall make application to the
chief, on a form provided by
the chief, for examination.
All
applicants
shall be able to read and write the English
language
intelligently, and shall furnish the
chief with a
certificate as
to their character, length and description of their
practical
experience, and satisfactory evidence of their ability
to perform
the duties of the position for which they make
application for
examination.
Any Except as provided in sections 1561.16 and 1561.17 of the
Revised Code, any certificate issued by the
former mine examining
board
prior to
October 29, 1995,
shall remain in effect
notwithstanding
the new classifications of
certificates
established by this
section.
Sec. 1561.24. For purposes of this chapter, Chapters 1563.,
1565., and 1567., and sections 1514.40 to 1514.50 of the Revised
Code, there is hereby created in the state treasury the mine
safety fund. The fund shall consist of money transferred to it by
the administrator of workers' compensation from the coal-workers
pneumoconiosis fund established in section 4131.03 of the Revised
Code. All investment earnings of the mine safety fund shall be
credited to the fund. The chief of the division of mineral
resources management shall use money in the fund for all of the
following purposes:
(A) Mine safety and health inspections and audits;
(B) The purchase and maintenance of mine rescue and
inspection equipment;
(C) The purchase or lease of facilities for use as mine
rescue stations and for mine rescue and safety training;
(D) Mine rescue and safety and health training of miners;
(E) Certification and recertification of mine officials.
Sec. 1561.25. The division of mines and reclamation mineral
resources management shall establish and
maintain four rescue
stations. Three of such stations shall be
centrally located at
such places, conveniently accessible to the
mines and mining areas
of the state so as to cover the largest
number of mines in the
shortest period of time, as the chief of
the division of mines and
reclamation mineral resources management determines; and one such
station may be
maintained at the mine laboratory provided for in
section
1561.27 of the Revised Code. In establishing such stations
the
chief may use
quarters owned by or in the possession and
control of the state,
if available, or may lease other quarters
therefor. Each
station shall be equipped with rescue and first aid
apparatus and
other equipment as follows:
(A) One motor truck of sufficient capacity to carry the
equipment prescribed by this section;
(B) Not less than six approved breathing apparatus,
complete
and in good working order;
(C) One recharging or refilling motor-driven pump for
recharging oxygen cylinders;
(D) Not less than ten oxygen storage cylinders;
(E) One resuscitating outfit;
(F) Not less than five approved flame safety lamps and one
lamp testing cabinet;
(G) Not less than two carbon monoxide detectors;
(H) One approved methane indicating detector;
(I) Not less than ten approved electric mine safety cap
lamps
complete;
(J) Charging equipment for cap lamps;
(K) Not less than five hundred feet of two-inch hose of
standard connections and nozzles complete;
(L) All the equipment necessary to provide emergency
medical
services, including that necessary for the services of a
paramedic
as defined in section 4765.01 of the Revised Code, and
to
establish and maintain an intravenous lifeline;
(M) Sufficient parts, supplies, and other necessary
equipment
for maintenance and operation of the equipment
prescribed in this
section.
All equipment shall be inspected and tested weekly for
efficiency and operation, and be maintained in an effective
operating condition. Reports of the condition shall be sent in
writing to the division of mines and reclamation mineral resources
management.
Each of such the stations shall at all times be in charge of
an
assistant superintendent of rescue stations. Each assistant
superintendent shall, under the supervision of the superintendent
of rescue stations, conduct classes in first aid, mine safety,
rescue work, and other safety educational work for the benefit of
people desiring to take the same. They shall keep the equipment
prescribed in this section in good condition, and see that this
equipment reaches any mine whenever it is needed as expeditiously
as possible. They shall help to perform whatever duties are
necessary.
All such stations shall be under the direction of the
superintendent.
Sec. 1561.26. (A) As used in this section,:
(1)
"EMT-basic,"
"EMT-I," and
"paramedic" have the same
meanings as in section
4765.01
of the
Revised Code.
(2) "Mine medical responder" has the same meaning as in
section 1565.15 of
the Revised Code.
(B) The superintendent of rescue stations, with the approval
of
the chief of the division of mineral resources
management,
shall, at each rescue station
provided for in section 1561.25 of
the Revised Code, train and
employ rescue crews of six members
each, one of whom shall hold a
mine foreperson or fire boss
certificate and be
designated captain,
and train and employ any
number of such rescue crews as the
superintendent believes
necessary. One member of a rescue crew shall be
certified as an
EMT-basic, EMT-I, mine medical responder, or
paramedic. Each
member of a
rescue
crew
shall devote the time specified by the
chief each
month for
training purposes and shall be available at
all times
to assist in
rescue work at explosions, mine fires, and
other
emergencies.
A captain of mine rescue crews shall receive for
service as
captain the sum of twenty-four dollars per month, and
each
member
shall receive the sum of twenty dollars per month, all
payable on
requisition approved by the chief. When engaged in
rescue work at
explosions, mine fires, or other emergencies away
from their
station, the members of the rescue crews and captains
of the same
shall be paid the sum of six dollars per hour for
work on the
surface, which includes the
time
consumed by
those members in
traveling to and from the scene of
the emergency when
the scene
is
away from the station of
the members, and the
sum of seven
dollars
per hour for all work
underground at
the
emergency, and
in
addition thereto, the
necessary living expenses
of
the members
when
the emergency is
away from their
home station, all payable
on
requisition approved
by the chief.
Each member of a mine rescue crew shall undergo an annual
medical examination. The chief
may
designate to perform an
examination any individual authorized by
the Revised Code to do
so, including a physician assistant, a
clinical nurse specialist,
a certified nurse practitioner, or a
certified nurse-midwife. In
designating
the
individual to
perform a medical
examination, the
chief
shall
choose one near the
station of the
member of
the
rescue
crews.
The
examiner
shall
report the
examination
results
to
the
chief and
if, in the
opinion
of the
chief,
the
report
indicates
that
the
member is
physically
unfit
for further
services, the
chief shall
relieve the
member
from
further duty.
The fee charged
by
the
examiner
for
the
examination shall
be
paid
in the
same manner
as fees are
paid to
doctors employed by
the
industrial
commission
for special
medical
examinations.
The chief may remove any member of a rescue crew for any
reason. Such crews
shall be subject to the orders of the chief,
the superintendent, and the
deputy mine inspectors when engaged in
actual mine rescue work.
Mine rescue crews shall, in case of
death or injury when engaged in rescue
work, wherever the same may
occur, be paid compensation, or their
dependents shall be paid
death benefits, from the workers'
compensation fund, in the same
manner as other employees of the
state.
(C) In addition to the training of rescue crews, each
assistant
superintendent of rescue stations, with the approval of
the
superintendent, shall provide for and conduct safety, first
aid,
and rescue classes at any mine or for any group of miners who
make application for the conducting of such classes.
The chief may
assess a fee for safety and first aid classes for the purpose of
covering the costs associated with providing those classes. The
chief shall establish a fee schedule for safety and first aid
classes by rule adopted in accordance with Chapter 119. of the
Revised Code. Fees collected under this section shall be
deposited
in the surface mining fund created in section 1514.06 of
the
Revised Code.
The superintendent shall prescribe and provide for a
uniform
schedule of conducting such safety and rescue classes as
will
provide a competent knowledge of modern safety and rescue
methods
in, at, and about mines.
(D) No member of a mine rescue crew who performs mine
rescue
at an underground coal mine and no operator of a mine whose
employee participates as a member of such a mine rescue crew is
liable in any civil action that arises under the laws of this
state for damage or injury caused in the performance of rescue
work at an underground coal mine. However, a member of such a mine
rescue crew may be liable if the member acted with malicious
purpose, in bad faith, or in a wanton or reckless manner.
This division does not eliminate, limit, or reduce any
immunity from civil liability that is conferred on a member of
such a mine rescue crew or an operator by any other provision of
the Revised Code or by case law.
Sec. 1561.261. Except for civil actions in which the state is
the plaintiff, no employee of the division of mineral resources
management who performs rescue work at an underground coal mine is
liable in any civil action that arises under the laws of this
state for damage or injury caused in the performance of rescue
work at an underground coal mine unless the employee acted with
malicious purpose, in bad faith, or in a wanton or reckless
manner.
This section does not eliminate, limit, or reduce any
immunity from civil liability that is conferred on an employee of
the division by any other provision of the Revised Code or by case
law.
Sec. 1565.15. (A) As used in this section:
(1) "EMT-basic,"
"EMT-I," "paramedic," and
"emergency
medical
service organization" have the same
meanings as in section
4765.01
of the Revised Code.
(2) "First aid
provider" includes a mine medical responder,
an EMT-basic,
an EMT-I,
a
paramedic, or
an employee at a surface
coal mine who
has
satisfied the training requirements established
in division
(D)(1) of this
section.
(3) "Mine medical responder" means a person who has satisfied
the
requirements established in rules adopted under division (E)
of
this section.
(B) The operator of an underground coal mine where twenty or
more persons are employed on a shift, including all persons
working at different locations at the mine within a ten-mile
radius, shall provide at least one
mine medical responder,
EMT-basic, or EMT-I
on duty
at
the underground coal mine whenever
employees at the
mine are
actively engaged in the extraction,
production, or
preparation of
coal. The
operator shall provide
mine medical responders,
EMTs-basic, or
EMTs-I on duty at
the
underground coal mine at
times and in numbers sufficient to
ensure
that no miner works in a
mine location that cannot be
reached
within a
reasonable time by a
mine medical responder, an
EMT-basic, or an EMT-I.
Mine medical responders, EMTs-basic, and
EMTs-I shall be employed on their regular
coal
mining duties at
locations convenient for quick response to
emergencies in order to
provide emergency medical services inside
the underground coal
mine and
transportation of
injured or sick
employees to the
entrance of the mine. The operator shall
provide
for the services
of at least one emergency medical service
organization to be
available on call to reach the
entrance of the
underground coal
mine within thirty minutes at
any time that
employees are engaged
in the extraction, production, or
preparation of coal in order to
provide emergency medical services
and
transportation to a
hospital.
The operator shall make available to
mine medical responders,
EMTs-basic,
and EMTs-I
all of the equipment for first
aid and
emergency
medical services
that is necessary for those
personnel
to function
and to comply
with the regulations pertaining to
first
aid and
emergency medical
services that are adopted under
the "Federal
Mine Safety and
Health Act of 1977," 91 Stat.
1290,
30 U.S.C.A.
801, and
amendments to it. The operator of
the
underground coal
mine shall
install telephone service or
equivalent facilities that
enable
two-way voice communication
between the
mine medical responders,
EMTs-basic, or EMTs-I in
the
mine and the emergency medical
service organization outside
the
mine that provides emergency
medical services
on a regular
basis.
(C) The operator of a surface coal mine shall provide at
least one
first aid provider on
duty at the mine whenever
employees at
the mine are actively engaged in the extraction,
production, or preparation of
coal. The operator shall provide
first aid
providers on duty at the surface coal mine at
times and
in numbers sufficient to
ensure that no miner works in a mine
location that cannot be reached within a
reasonable time by a
first aid
provider. First aid providers shall be employed on
their
regular
coal mining duties at locations convenient for quick
response to emergencies in order to provide emergency medical
services and transportation of injured or sick employees to the
entrance of
the surface coal mine. The
operator shall provide for
the services of at least one emergency
medical service
organization to be available on call to reach the entrance of
the
surface coal mine within
thirty minutes at any time that employees
are engaged in the
extraction, production, or preparation of coal
in order to
provide
emergency medical services and transportation
to a hospital.
The operator shall
provide at the mine site all of
the
equipment for first aid and
emergency medical services that is
necessary for those personnel
to function and to comply with the
regulations pertaining to first
aid and emergency medical services
that are adopted under the
"Federal Mine Safety and Health Act of
1977,"
91 Stat. 1290, 30
U.S.C.A.
801, and amendments to it.
(D)(1)
An employee at a surface coal
mine shall
be considered
to be a first aid provider for the purposes of this
section if the
employee has received from an instructor approved
by the
chief of
the division of mineral resources
management ten
hours of
initial
first aid training as a selected supervisory
employee under 30
C.F.R. 77.1703 and receives five hours of
refresher
first aid
training as a selected supervisory employee
under 30
C.F.R.
77.1705 in each subsequent calendar year.
(2) Each miner employed at a surface coal mine who is not a
first
aid provider shall receive from an instructor approved by
the chief three
hours of initial first aid training and two hours
of refresher first aid
training in each subsequent calendar year.
(3) The training received in accordance with division (D) of
this section shall consist of a course of instruction established
in the manual issued by the mine safety and health
administration
in the United
States department of labor entitled "first
aid, a
bureau of mines
instruction manual" or its
successor or any other
curriculum approved by the chief. The training shall
be included
in the hours of instruction provided to
miners in accordance with
training requirements established under 30
C.F.R. part 48, subpart
(B), as amended, and 30 C.F.R. part
77, as amended.
(E) The chief, in consultation with persons certified under
Chapter 4765. of the Revised Code to teach in an emergency medical
services training program, shall adopt rules in accordance with
Chapter 119. of the Revised Code that do all of the following:
(1) Prescribe training requirements for a mine medical
responder that
specifically focus on treating injuries and
illnesses associated
with underground coal mining;
(2) Prescribe an examination for a mine medical responder;
(3) Prescribe continuing training requirements for a
mine
medical responder;
(4) Establish the fee for examination for a mine medical
responder;
(5) Prescribe any other requirements, criteria, and
procedures that the chief determines are necessary regarding the
training, examination, and continuing training of mine medical
responders.
If a person qualifies as a mine medical responder or similar
classification
in another state, the person may provide emergency
medical
services as a mine medical responder in this state
without completing the
training or passing the examination that
is required in rules
adopted under this division, provided that
the chief determines
that the person's qualifications from the
other state satisfy all
of the applicable requirements that are
established in rules
adopted under this division.
(F) Each operator of a surface coal mine shall establish,
keep
current, and make available for inspection an emergency
medical plan that
includes the telephone numbers of the division
of
mineral resources management and of an
emergency medical
services
organization the services of which are required to be
retained under
division (C) of this section. The chief shall
adopt
rules in
accordance with Chapter 119. of the Revised Code
that
establish any additional information required to be included
in an
emergency
medical plan.
(F)(G) Each operator of an underground coal mine or
surface
coal mine
shall provide or contract to obtain emergency medical
services
training or first aid training, as applicable, at the
operator's expense, that is sufficient to train and
maintain the
certification of the number of employees necessary
to comply with
division (B) of this section and that is
sufficient to train
employees as required under division (D) of this
section and to
comply with division (C) of this section.
(G)(H) The division may provide emergency medical
services
training for coal mine employees by operating an emergency
medical
services training program accredited under section
4765.17 of the
Revised Code or by contracting with the operator
of an emergency
medical services training program accredited
under that section to
provide that training. The division
may charge coal mine
operators
a uniform part
of the unit cost per trainee.
(H)(I) No coal mine operator shall violate or fail to
comply
with this section.
Sec. 1567.64. (A) As used in this section, "tag lines" and
"tie-off lines" have the same meanings as in rules adopted under
this section.
(B) The operator of an underground coal mine shall provide
tag lines or tie-off lines for each miner at the mine. The
operator shall provide and employees of the mine shall use tag
lines or tie-off lines in accordance with requirements and
procedures established in rules adopted under this section.
(C) The chief of the division of mineral resources
management, in consultation with a statewide association
representing the coal mining industry and a statewide association
representing employees of coal mines, shall adopt rules in
accordance with Chapter 119. of the Revised Code concerning the
use of tag lines or tie-off lines in an underground coal mine. The
rules shall include all of the following:
(1) A definition of "tag line" and of "tie-off line";
(2) A description or list of acceptable tag lines and tie-off
lines;
(3) Procedures and requirements for the use of tag lines and
tie-off lines;
(4) Procedures for the approval and inspection of the use of
tag lines and tie-off lines in a mine;
(5) Any other requirements concerning tag lines or tie-off
lines that the chief determines are necessary.
(D) No operator of a mine shall refuse or neglect to comply
with this section or rules adopted under it.
Sec. 1567.681. (A) The operator of an underground coal mine
that uses conveyor belts in the operation of the mine shall
install fire detection devices on each conveyor belt that is used
in the mine. The fire detection devices shall be of a design and
type established in rules adopted under this section. The chief of
the division of mineral resources management shall inspect the
fire detection devices after the operator of the mine has
installed the devices on the conveyor belts that are used in the
operation of the mine. The chief shall approve or disapprove the
installation of the fire detection devices and shall notify the
operator of the chief's decision.
(B) The chief, in consultation with a statewide association
representing the coal mining industry and a statewide association
representing employees of coal mines, shall adopt rules in
accordance with Chapter 119. of the Revised Code concerning the
installation and use of fire detection devices on conveyor belts
that are used in an underground coal mine. The rules shall include
all of the following:
(1) The design and types of fire detection devices that must
be used on a conveyor belt in order to provide for the earliest
possible detection of a fire;
(2) The number of fire detection devices that are required
on a conveyor belt;
(3) A procedure for the notification of the chief after the
operator of a mine has installed the fire detection devices;
(4) A procedure for the inspection of fire detection devices
installed on a conveyor belt;
(5) Any other requirements that the chief determines are
necessary.
(C) No operator of a mine shall refuse or neglect to comply
with this section or rules adopted under it.
Sec. 4131.03. (A) For the relief of persons who are
entitled
to receive benefits by virtue of the federal act, there
is hereby
established a coal-workers pneumoconiosis fund, which
shall be
separate from the funds established and administered
pursuant to
Chapter 4123. of the Revised Code. The fund shall
consist of
premiums and other payments thereto by subscribers who
elect to
subscribe to the fund to insure the payment of benefits
required
by the federal act.
(B)(1) The coal-workers pneumoconiosis fund shall be in the
custody of the treasurer of state. The bureau of workers'
compensation shall make disbursements from the fund to those
persons entitled to payment therefrom and in the amounts required
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All
investment earnings of the fund shall be credited to the fund.
(2) The administrator of workers' compensation may transfer a
portion of the investment earnings credited to the coal-workers
pneumoconiosis fund to the mine safety fund created in section
1561.24 of the Revised Code for the purposes specified in that
section. The administrator, with the advice and consent of the
bureau of workers' compensation board of directors, shall adopt
rules governing the transfer in order to ensure the solvency of
the coal-workers pneumoconiosis fund. For that purpose, the rules
may establish
tests based on measures of net assets, liabilities,
expenses,
interest, dividend income, or other factors that the
administrator
determines appropriate that may be applied prior to
a transfer.
(C) The administrator of workers' compensation shall have
the
same powers to invest any of the surplus or reserve belonging to
the coal-workers pneumoconiosis fund as are delegated to him the
administrator under section 4123.44 of the Revised Code with
respect to
the state insurance fund.
(D) If the administrator determines that reinsurance of
the
risks of the coal-workers pneumoconiosis fund is necessary to
assure solvency of the fund, he the administrator may:
(1) Enter into contracts for the purchase of reinsurance
coverage of the risks of the fund with any company or agency
authorized by law to issue contracts of reinsurance;
(2) Pay the cost of reinsurance from the fund;
(3) Include the costs of reinsurance as a liability and
estimated liability of the fund.
Section 2. That existing sections 1561.011, 1561.16,
1561.17, 1561.23, 1561.25,
1561.26, 1565.15, and 4131.03 of the
Revised
Code are hereby
repealed.
Section 3. That Section 512.70 of Am. Sub. H.B. 100 of the
127th General Assembly be amended to read as follows:
Sec. 512.70. The Administrator of Workers' Compensation
shall completely transition from use of the Micro Insurance
Reserve Analysis System to a different system or different version
of that system to determine the reserves for use in establishing
premium rates assessed for the purposes of Chapter 4121., 4123.,
4127., or 4131. of the Revised Code on or before June 30 July 1,
2008. A
contract between the Administrator and a vendor for the
System in
existence on the effective date of this section shall
expire in
accordance with the terms of the contract, and the
Administrator
may renew or extend that contract only for a period
of time that
does not extend past June 30, 2008.
The Administrator shall transition to a reserve analysis
system that is characterized as transparent in nature and for that
purpose of transparency, satisfies both of the following criteria:
(A) The manner in which the system uses data can be
understood in general terms by employers who are subject to
Chapters 4121., 4123., 4127., and 4131. of the Revised Code and
other persons interested in use of the system;
(B) The type of data the system uses in making reserve
analysis can be explained to employers who are subject to Chapters
4121., 4123., 4127., and 4131. of the Revised Code and other
persons interested in use of the system.
The Administrator shall communicate information describing
the manner in which the new reserve analysis system uses data and
the type of data the system uses in making reserve analysis to
employers who are subject to Chapters 4121., 4123., 4127., and
4131. of the Revised Code and to any other persons who request
such information.
Section 4. That existing Section 512.70 of Am. Sub. H.B.
100
of the 127th General Assembly is hereby repealed.
Section 5. It is the intent of the General Assembly that the
authorization of a transfer of a portion of the interest money in
the Coal-Workers Pneumoconiosis Fund created in section 4131.03 of
the Revised Code, by the amendment of that section by this act, to
the Mine Safety Fund created in section 1561.24 of the Revised
Code, as enacted by this act, is not to be a long-term funding
source for the Mine Safety Fund. In addition, the General
Assembly's authorization of such a transfer by this act does not
establish a precedent for the transfer of money from other Bureau
of Workers' Compensation funds to other funds. Finally, the
Department of Natural Resources shall examine sources other than
the Coal-Workers Pneumoconiosis Fund to provide money for the Mine
Safety Fund and report its findings to the Bureau of Workers'
Compensation Board of Directors immediately prior to the five-year
review of the rules adopted under division (B)(2) of section
4131.03 of the Revised Code, as amended by this act.
Section 6. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the creation of the Mine Safety Fund by this act enables the
Division of Mineral Resources Management in the Department of
Natural Resources to establish a new center to provide more rapid
response to mine incidents in which mine workers' health or safety
may be in jeopardy, and, as a result, the reduction in response
times to such incidents could help save mine workers' lives.
Therefore, this act shall go into immediate effect.
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