Current through Register Vol. XLI, No. 37, September 13, 2024
Section 36-8-7 - Inspection: Office of Miners' Health, Safety and Training7.1. At the conclusion of the steps outlined in Sections 4, 5 and 6 of this Series, the operator or his representative shall immediately notify the Director or the authorized representative requesting an investigation of his allegations of unsafe equipment. Upon receiving a request to investigate from an operator or his representative, the Director or his authorized representative shall immediately inform the operator when an inspection of the alleged unsafe equipment can be made by the Director of the Office of Miners' Health, Safety and Training: Provided, That such investigation shall be started within twenty-four (24) hours after the Office of Miners' Health, Safety and Training is requested to investigate. The operator or his representative shall give notice of the investigation time and place to the immediate supervisor and the miner involved in the dispute. The miner shall be given reasonable time to notify his or her safety representative, if he or she so chooses, in order that they may participate in the inspection. 7.2. A qualified authorized representative of the Director shall be at the place set for inspection at the time designated in order to conduct an investigation of the alleged unsafe equipment. Prior to inspecting the alleged unsafe equipment, the authorized representative of the Director shall read the form required to be completed in Section 6.2 of this Series. The authorized representative of the Director shall inspect and/or test the alleged unsafe equipment and enter the results thereof on a form and, in the manner, prescribed by the Director. The authorized representative's conclusions as to whether or not the equipment was "unsafe equipment" shall be entered on the form, along with the reasons for such conclusion. At the conclusion of the investigation, the authorized representative of the Director shall discuss the results of the investigation with, and in the presence of, the miner, the miner's safety representative if the miner so chooses, the immediate supervisor, the maintenance personnel involved in the dispute, the mine foreman and/or superintendent.7.3. If the authorized representative of the Director finds the equipment involved in the dispute to have a defect which is covered by state law, or rule or regulation, appropriate notices and/or orders shall be issued; which notices and/or orders shall be complied with prior to the subject equipment being placed back into operation.