Current through Register Vol. XLI, No. 50, December 13, 2024
Section 36-20-7 - Enforcement of Citations and Orders7.1. These regulations shall not be construed to limit the basic compliance responsibilities of production-operators. Overall compliance responsibility of production-operators under Chapter 22A of the Code shall include assuring compliance with the Code provisions and regulations which apply to the work being performed by independent contractors at the mine.7.2. It is the general enforcement policy of the Office of Miners' Health, Safety and Training that the independent contractor will be held responsible for violation committed by the independent contractor or its employees where the production-operator has complied with Section 4 of these regulations.7.3.(a) Enforcement action against production-operators for violations which involve independent contractors may be taken by the Office of Miners' Health, Safety and Training where the production-operator has contributed to the existence of a violation, or the production-operator's miners are exposed to the hazard, or the production-operator has control over the existence of the hazard.(b) A production-operator may be properly cited for a violation of Chapter 22A of the regulations involving an independent contractor where: 1. The production operator has contributed by either an act or an omission to the occurrence of violation in the course of an independent contractor's work, or2. The production-operator has contributed by either an act or omission to the continued existence of a violation committed by an independent contractor, or3. The production-operator's miners are exposed to the hazard, or4. The production-operator has control over the condition that needs abatement.(c) In addition to the provisions of Section 7.3(b) of these regulations, the production-operator may also be required to assure continued compliance with the Code and regulations applicable to an independent contractor at the mine until the contractor is fully able to assume compliance responsibility.7.4. Whenever a mine inspector finds a violation or imminent danger in an area where an independent contractor is operating, such inspector shall make a determination whether to issue the appropriate notice of violation or order to either the production-operator or the independent contractor, or both, based upon the criteria set out in Sections 7.2 and 7.3 of these regulations.