§ 22-10-3-10 — Mining board; examination; issuing certificates; qualifications for certification; examination fee; replacement certificate

(a) It is the duty of the board to examine any
person applying for a certificate for mine foreman, shot-firer, mine
examiner, hoisting engineer, mine electrician, or belt examiner and to
issue certificates of competency to the applicants who, upon
examination, prove themselves competent and qualified. A certificate
is valid only when the examination for certification has been held in the
presence of a member of the board and signed by the chairman of the
board. A certificate of competency may not be issued to any person
whose grade is less than seventy-five percent (75%) for any
certification other than that of a certificate for mine electrician, which
requires a passing grade of not less than eighty percent (80%). The
board shall observe the requirements set forth in this section in
conducting the examinations.
(b) An applicant for a mine foreman certificate must have at least
four (4) years of experience underground in coal mines. However, a
person who has graduated and holds a degree in engineering or an
approved four (4) year program in coal mining technology from an
accredited school, college, or university is required to have only two (2)
years of practical underground mining experience to qualify for the
examination. A person who has graduated and holds a two (2) year
associate in applied science degree in coal mining technology from an
accredited school, college, or university is required to have only three
(3) years of practical underground mining experience to qualify for the
examination. An applicant must prove to the board by written and oral
examination and by demonstration, where applicable, that the applicant
has a thorough knowledge of:
(1) the theory and practice of coal mining;
(2) the nature and properties of poisonous, noxious, and explosive
gases and methods for their detection and control;
(3) the requirements of the coal mining laws of this state; and
(4) the responsibilities and duties of a mine foreman under such
laws;
and that the applicant is otherwise qualified by law.
(c) An applicant for a mine examiner certificate must have at least
three (3) years of experience underground in coal mines. However, a
person who has graduated and holds a degree in engineering or an
associate in applied science degree in coal mining technology from an
accredited school, college, or university is required to have only two (2)
years of practical underground mining experience to qualify for the
examination. An applicant must prove to the board by written and oral
examination and by demonstration, where applicable, that the applicant
has a thorough knowledge of:
(1) the nature and properties of poisonous, noxious, and explosive
gases and methods for their detection and control;
(2) the practical aspects of coal mining pertaining especially to
ventilation and roof control; and
(3) the responsibilities of a mine examiner under coal mining laws
of this state;
and that the applicant is otherwise qualified by law.
(d) An applicant for a shot-firer certificate must have at least one (1)
year of underground experience and must have been properly trained
in a course approved by the director in the safe use and handling of
explosives. An applicant must prove to the board by written and oral
examination and by demonstration, where applicable, that the applicant
has a working knowledge of:
(1) the proper handling and use of explosives and blasting devices
and the danger connected therewith;
(2) the nature and properties of poisonous, noxious, and explosive
gases and methods for their detection;
(3) the coal mining laws of the state pertaining to ventilation, roof
control, and blasting; and
(4) the responsibilities of a shot-firer under applicable mining
laws;
and that the applicant is otherwise qualified by law.
(e) An applicant for a hoisting engineer certificate must prove to the
board by written and oral examination and by demonstration, where
applicable, that the applicant:
(1) is capable of operating a hoist;
(2) has a thorough knowledge of the coal mining laws of this state
pertaining to hoisting operations;
(3) has at least one (1) year mining experience;
(4) has at least twenty (20) hours practical experience under the
supervision of a certified hoisting engineer; and
(5) is otherwise qualified by law.
(f) An applicant for a belt examiner certificate must have at least
one (1) year of experience in belt maintenance or installation work. The
applicant must prove to the board by written and oral examination and
by demonstration, where applicable, that the applicant has a thorough
knowledge of:
(1) the requirements of the coal mining laws of this state with
particular emphasis upon those laws pertaining to the use of
electrical or belt equipment and the transmission of electrical
energy into coal mines; and
(2) the responsibilities of a belt examiner under those laws;
and that the applicant is otherwise qualified by law.
(g) An applicant for a mine electrician certificate must have
sufficient (but not less than one (1) year of) experience in performing
electrical work. The applicant must prove to the board by written and
oral examination and by demonstration, where applicable, that the
applicant has a thorough knowledge of:
(1) the requirements of the coal mining laws of this state, with
particular emphasis upon laws pertaining to electrical energy in
coal mines;
(2) direct and alternating current theory and application;
(3) electric equipment and electrical circuits in coal mines;
(4) permissibility of electric equipment;
(5) 30 CFR 75 subparts F-K; and
(6) 30 CFR 77 subparts F-J and S.
(h) An applicant for an examination under this section must pay the
bureau of mines and mine safety an examination fee of twenty-five
dollars ($25). All fees collected under this subsection shall be
deposited in the mine safety fund established by IC 22-10-12-16. The
board may set a different fee by rule under IC 22-10-1.5-4.
(i) A mine foreman, mine examiner, shot-firer, hoisting engineer,
mine electrician, or belt examiner certificate issued before September
1, 1979, is valid under the mining laws of Indiana.
(j) A person who was issued a fire-boss certificate before July 1,
2007, shall be issued a replacement mine examiner certificate upon
request to the director.
(k) A person designated as mine superintendent or assistant mine
superintendent, or acting in either capacity, must hold a mine foreman
certificate.
(l) A certificate may be granted to an applicant who presents to the
board satisfactory evidence that the applicant has not been convicted
of:
(1) an act which would constitute a ground for disciplinary
sanction under section 11.1(b) of this chapter; or
(2) a felony that has a direct bearing on the applicant's ability to
act competently as a mine foreman, shot-firer, mine examiner,
hoisting engineer, mine electrician, or belt examiner.
(m) For the purpose of safety, the board may refuse to examine an
applicant who cannot:
(1) readily understand the written English language; or
(2) express himself or herself in the English language.
Formerly: Acts 1955, c.168, s.24; Acts 1971, P.L.358, SEC.5;
Acts 1973, P.L.242, SEC.1. As amended by Acts 1979, P.L.231,
SEC.4; Acts 1981, P.L.210, SEC.1; Acts 1981, P.L.222, SEC.19; Acts
1982, P.L.113, SEC.6; P.L.231-1983, SEC.7; P.L.37-1985, SEC.49;
P.L.35-2007, SEC.15; P.L.10-2012, SEC.3.