HOUSE BILL 399
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
John A. Heaton
AN ACT
RELATING TO MINING; AMENDING A SECTION OF THE MINING SAFETY ACT TO PROVIDE FOR SELF-CONTAINED SELF-RESCUE DEVICES IN COAL MINES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 69-8-16 NMSA 1978 (being Laws 2006, Chapter 102, Section 4 and Laws 2006, Chapter 106, Section 4) is amended to read:
"69-8-16. UNDERGROUND MINE SAFETY REQUIREMENTS--PENALTIES.--In addition to requirements pursuant to federal law for underground mines:
A. a self-contained self-rescue device approved by the state mine inspector shall be worn by each person while underground in a coal mine or kept within the person's immediate reach while underground in a coal mine. The device shall be provided by the employer. The self-contained self-rescue device shall be adequate to protect a miner for one hour or longer or, alternatively, sufficient to allow the employee time to reach an additional self-contained self-rescue device. Each employer shall train each miner in the use of the device, and refresher training courses for all underground employees shall be held during each calendar year;
B. the employer shall provide caches of [additional] self-contained self-rescue devices throughout [the] any underground mine in accordance with a plan approved by the state mine inspector. Each [additional] self-contained self-rescue device shall be adequate to protect a miner for one hour or longer. Battery-powered strobe lights or permanently activated strobe lights shall be affixed to each cache. A luminescent sign with the words "SELF-CONTAINED SELF-RESCUER" or "SELF-CONTAINED SELF-RESCUERS" shall be conspicuously posted at each cache, and luminescent direction signs shall be posted leading to each cache. The employer shall conduct weekly inspections of each cache and the affixed strobe lights to ensure operability;
C. a wireless emergency communication device or a two-way radio system approved by the state mine inspector and provided by the employer shall be available to each person in the active working section of an underground mine. Each employer shall train each miner in the use of the device and provide refresher training courses for all underground employees during each calendar year. The employer shall install in or around the mine any and all equipment necessary to transmit emergency communications from the surface to each wireless emergency communication device or two-way radio system in active working sections of the underground mine;
D. a wireless tracking device approved by the state
mine inspector and provided by the employer shall be worn by
each person in an underground coal mine. In the event of an
accident or other emergency, the tracking device shall be
capable of providing the approximate physical location of each
person who is underground. Each employer shall train each
employee in the use of the device and provide refresher
training courses for all underground employees during each
calendar year. The employer shall install in or around the
mine all equipment necessary to provide the approximate
physical location of each person who is underground;
E. a person who, without the authorization of the
employer or the state mine inspector, knowingly removes or
attempts to remove any device or related equipment, required by
this section and approved by the inspector, from a mine or mine
site with the intent to permanently deprive the employer of the
device or equipment or knowingly tampers with or attempts to
tamper with the device or equipment shall be guilty of a fourth
degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978; and
F. the state mine inspector shall, within ninety days of the effective date of this section, approve an implementation plan for each mine covered by this section that includes a schedule for meeting the requirements of this section."
Section 2. APPROPRIATION.--One hundred sixty-seven thousand dollars ($167,000) is appropriated from the general fund to the board of regents of New Mexico institute of mining and technology for expenditure in fiscal year 2009 to pay for the state mine inspector's recertification of coal mine officials pursuant to the Mining Safety Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
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