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AN ACT

RELATING TO MINING; AMENDING A SECTION OF THE MINING SAFETY

ACT TO PROVIDE FOR SELF-CONTAINED SELF-RESCUE DEVICES IN COAL

MINES.

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

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self-contained self-rescue devices throughout any underground

mine in accordance with a plan approved by the state mine

inspector. Each 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

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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."