Current through Register Vol. XLI, No. 37, September 13, 2024
Section 38-8-8 - Annual Review of the Comprehensive Mine Safety Program8.1. Each operator shall conduct an annual review of the comprehensive mine safety program in effect at each mine. The purpose of the review shall be to determine the effectiveness of the comprehensive mine safety program by evaluating the components of the program to determine whether modifications to the existing program are necessary and desirable.1. Each operator shall submit to the Commissioner within thirty (30) days after the anniversary date of the program, a report which shall contain the findings of the annual review, a statement indicating whether as a result of such review modifications to the existing program are submitted, the operator may request, and the Commissioner may issue, temporary approval of requested modifications pending the Commissioner's final review and approval.2. The Commissioner will review the annual report submitted by the operator and will either approve the report, or reject the report, stating in detail the reasons for rejection. The reasons for rejection may include proposed changes to the program deemed necessary by the Commissioner and not included by the operator.3. If rejected, the Commissioner shall give the operator a reasonable period of time to modify and resubmit such report and proposed modifications. If within thirty (30) calendar days subsequent to receipt of the report or proposed modifications by the Commissioner, no action has been taken by the Commissioner, the proposed report and modifications shall be considered approved.4. The anniversary date of the program shall be the date the initial program was approved by the Commissioner.8.2. The annual evaluation conducted pursuant to subsection 8.1 of these rules and regulations shall include a review of the following items relating to a particular mine: 2. Accident distributions; and3. A review of violations written under Section 13a, Article 1A, Chapter 22A of the Code.8.3. At the discretion of the mine operator, other sources of information may be used to ascertain performance of the safety program in the annual evaluation. They may include, but are not limited to: 1. Mine conditions or changes in mine conditions;2. Mining methods or equipment or changes in mining methods or equipment at the mine;3. Number of working sections at a mine or changes in the number of working sections at the mine;4. Personnel or management, or changes in personnel or management;5. Instructors responsible for safety training or changes in instructors responsible for safety training; and6. Findings from safety observations conducted by responsible mine officials.