SB 628
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AN ACT
RELATING TO MINES; AMENDING AND ENACTING SECTIONS OF THE NMSA
1978; PROVIDING FOR EMERGENCY RESPONSE TO MINE ACCIDENTS;
PROVIDING PENALTIES; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 69, Article 5 NMSA
1978 is enacted to read:
"MINE ACCIDENT RAPID RESPONSE SYSTEM.--
A. The state mine inspector shall:
(1) adopt rules requiring each mine operator
to prepare an emergency notification plan for its operations
and, upon the inspector's approval of the plan, shall retain
a copy of each mine operator's emergency notification plan at
the emergency operations center; and
(2) establish and maintain the mine accident
emergency operations center as the primary state government
communications center for dealing with mine accidents that:
(a) provides emergency assistance and
response coordination for mine accidents or emergencies; and
(b) is accessible twenty-four hours a
day, seven days a week, at a statewide telephone number
established and designated by the inspector.
B. Upon receipt of an emergency call regarding an
accident, as defined in Section 69-5-17 NMSA 1978, the mine
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accident emergency operations center shall immediately notify
the state mine inspector, who will ensure that the emergency
notification plan for the appropriate mine is complied with.
C. In the event of an accident or recovery
operation in or about a mine, the state mine inspector may
coordinate the assignment of mine rescue teams to assist with
needed rescues."
Section 2. Section 69-5-17 NMSA 1978 (being Laws 1933,
Chapter 153, Section 23, as amended) is amended to read:
"69-5-17. FATAL AND SERIOUS MINE ACCIDENTS--
ASSISTANCE--INVESTIGATION--NOTIFICATION--CIVIL PENALTY.--
A. The state mine inspector shall proceed
immediately upon notification to the site of any mine
accident causing the loss of life or requiring activation of
a mine rescue team and shall assist in the rescue of persons
within the mine, investigate the causes of the accident,
conduct a closeout conference and make necessary
recommendations for the present and future safety of the
miners. So far as possible, the operator shall not change
the surroundings of an accident until the state mine
inspector has made an investigation; provided, however, that
the investigation is made within a reasonable time.
B. Whenever an accident occurs in or about a mine
or the machinery connected to a mine, the operator of the
mine shall give notice within thirty minutes of ascertaining
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the occurrence of the accident to the mine accident emergency
operations center at the statewide telephone number
established by the state mine inspector stating the
particulars of the accident.
C. Nothing in this section shall be construed to
relieve the operator of the mine from any reporting or
notification requirement under federal law.
D. As used in this section, "accident" means
"accident" as provided in 30 C.F.R. 50.2.
E. The state mine inspector shall impose a civil
penalty of up to one hundred thousand dollars ($100,000) on
the operator of the mine if it is determined that the
operator failed to give immediate notice as required in this
section. The inspector may waive imposition of the civil
penalty at any time if the inspector finds that the failure
to give immediate notice was caused by circumstances outside
the control of the operator."
Section 3. Section 69-8-1 NMSA 1978 (being Laws 1961,
Chapter 136, Section 1) is amended to read:
"69-8-1. SHORT TITLE.-- Chapter 69, Article 8 NMSA 1978
may be cited as the "Mining Safety Act"."
Section 4. A new section of the Mining Safety Act is
enacted to read:
"UNDERGROUND MINE SAFETY REQUIREMENTS--PENALTIES.--In
addition to requirements pursuant to federal law for
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underground mines:
A. a self-contained self-rescue device approved by
the state mine inspector shall be worn by each person while
underground or kept within the person's immediate reach while
underground. 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 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;
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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
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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 5. A new section of the Mining Safety Act is
enacted to read:
"EMPLOYEE RIGHTS.--An employer shall not discharge or in
any manner discriminate against, cause to be discharged or
cause discrimination against an employee, representative of
employees or applicant for employment in a mine subject to
the Mining Safety Act because the employee, representative of
employees or applicant for employment has filed or made a
complaint under or related to that act or Chapter 69, Article
5 NMSA 1978, including a complaint notifying the operator,
the operator's agent or the state mine inspector of an
alleged danger or a safety or health violation in a mine, or
because the employee, representative of employees or
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applicant for employment has instituted or caused to be
instituted a proceeding under or related to the Mining Safety
Act or has testified or is about to testify in any such
proceeding."
Section 6. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect
immediately.