§ 22-10-12-11 — Mine rescue team; training; compensation

(a) The bureau of mines and mine safety
shall maintain either one (1) or two (2) mine rescue teams. Each team
must consist of at least five (5) members and two (2) alternate
members. At the discretion of the commissioner of labor, the
requirement to maintain either one (1) or two (2) mine rescue teams
may be met by using an operator to provide the team members,
equipment, and supplies necessary for not more than one (1) team. The
board shall:
(1) require active underground mines to provide personnel for the
mine rescue teams; and
(2) consult with operators to determine the number of personnel
that each operator of an active underground mine is required to
furnish for the mine rescue teams.
The director, in consultation with the board, shall determine the
training and retraining requirements for the mine rescue teams,
consistent with Mine Safety Administration requirements.
(b) When practical, members of a mine rescue team shall be made
up of supervisory and nonsupervisory employees.
(c) A member of a mine rescue team shall be fully compensated by
the owner or operator for wages lost and expenses incurred while being
trained under this section if the employee elects to be compensated.
(d) Compensation for damages arising from the injury or death of a
member of a mine rescue team while performing rescue operations
shall be limited to the rights and remedies provided by the injured
person's employer. However, the employer of the injured or fatally
injured mine rescue team member is entitled to reimbursement from
the operator whose mine is the subject of the rescue attempt for the
actual cost to the employer that is attributable to the injury or death.
(e) The operator of the mine that is the subject of the rescue attempt
shall reimburse the bureau for the actual cost of a mine rescue
operation, including compensation for all mine rescue team members.

Legislative History

As added by P.L.232-1983, SEC.2. Amended by P.L.37-1985, SEC.53; P.L.243-1987, SEC.13; P.L.215-1989, SEC.6; P.L.1-1990, SEC.239; P.L.35-2007, SEC.21.