§ 22-10-3-12 — Certification required for employment; persons certified in other states; inexperienced miner identification pending certification

(a) It is unlawful for any person to serve in
the capacity of mine foreman, mine examiner, shot-firer, hoisting
engineer, mine electrician, or belt examiner at any time unless the
person is properly certified. However, any person who meets the
appropriate experience requirements of this chapter and who is
properly certified in one (1) of these capacities or its equivalent in
another state which recognizes the certification of Indiana may serve
in such a capacity until the next examination by the board, when the
person must apply to the board for certification in the person's
particular classification. A mine electrician who is properly certified:
(1) by the federal Mine Safety and Health Administration; or
(2) in another state that recognizes the mine electrician
certification in Indiana;
may serve in the individual's certified capacity and be issued a mine
electrician certificate by the director in Indiana without the requirement
of applying to the board for examination. However, the individual must
obtain an Indiana miner's certificate of competency from the director.
(b) It is unlawful for an operator in this state to employ any person
in the capacity of mine superintendent, assistant mine superintendent,
mine foreman, mine examiner, shot-firer, hoisting engineer, mine
electrician, or belt examiner at any time unless the person is properly
certified.
(c) Before any person certified in another state may perform in the
capacity of mine superintendent, assistant mine superintendent, mine
foreman, mine examiner, shot-firer, hoisting engineer, mine electrician,
or belt examiner in Indiana, the person must present personally to the
director evidence of the out-of-state certificate or certificates.
(d) Every inexperienced miner is required to wear an orange hard
hat until the miner receives a certificate of competency.
Formerly: Acts 1955, c.168, s.26; Acts 1971, P.L.358, SEC.6.
As amended by Acts 1979, P.L.231, SEC.6; P.L.231-1983, SEC.9;
P.L.37-1985, SEC.50; P.L.112-1992, SEC.7; P.L.35-2007, SEC.17;
P.L.10-2012, SEC.5.