§ 22-10-3-6 — Director; powers and duties; records; inspection report

(a) The director shall devote the director's
attention to the duties of the office during working hours and is subject
to call at all times. The director and any mine inspector funded by the
general assembly are authorized to enter, examine, and inspect all
commercial coal mines and facilities.
(b) The director shall have full direction of the official activities of
any mine inspector and shall be responsible therefor.
(c) The director and each mine inspector shall have power, and it is
their duty, to stop immediately the operation of any coal mine or part
thereof when any dangerous or unlawful condition exists. However,
where conditions exist justifying the director or the mine inspector to
do so, the director or mine inspector shall grant a reasonable period of
time for making necessary repairs. Where a stop in operation is
enforced, such director and mine inspector shall be empowered to
subsequently allow such mine or part of a mine to be reopened when
the dangerous or unlawful conditions have been remedied or removed.
If the operator or a workman believes that an inspector has acted
illegally in citing violations of mining law, they may appeal to the
director for relief from such citation. The director may grant or deny
such relief after a hearing, at which all interested parties have been
notified of such hearing and given an opportunity to present evidence
in support of their contentions.
(d) The director shall keep a properly indexed permanent record of
all inspections made by the director and the mine inspector, and copies
of all reports relating to coal mines shall be kept on file, and all such
records shall be open to inspection by the public, and shall be laid
before the governor at any time upon the request of the governor. The
director shall cause:
(1) within sixty (60) days of the date of the inspection, inspection
reports; and
(2) for two (2) years, all reports relating to coal mines;
to be posted on the web site maintained by the bureau of mines and
mine safety created under IC 22-1-1-4(1).
(e) The director is empowered to revoke, in writing, any order
issued by a mine inspector for the purpose of stopping the operation of
a mine or part thereof. However, such revocation of an order shall not
be made unless and until the director has made a personal examination
of the mine or part thereof affected and determined it to be in a safe
condition to operate.
(f) The director or mine inspector shall make a personal inspection
of each mine in this state:
(1) at least once every three (3) months, or more often if
practicable, while the mine is in operation;
(2) whenever any danger to the workmen may exist; or
(3) whenever called upon to do so by the workmen.
During a regular inspection, the director or inspector shall have the
authority to inspect the surface plant; every working place in the mine;
all active haulageways, travelways, and airways in their entirety;
entrances to abandoned workings; accessible old workings; escapeways
and all other places where individuals work or travel; electric
equipment and installations; first aid equipment; ventilation facilities;
communications installations; roof and rib conditions; and blasting
practices, etc. The director or inspector shall have the authority to
measure the volume of air at the intake and return of the main
ventilating current and of each split, and the amount passing through
the last breakthrough in each pair or set of entries, and designate to the
mine foreman where the director or inspector shall measure the
currents of air as required by the mining laws of this state. In mines
operating more than one (1) shift in a twenty-four (24) hour period, the
director or inspector shall devote sufficient time to the second and third
shift to determine conditions and practices related to the health and
safety of the employees. The director or inspector shall make tests for
gas and oxygen deficiency in each place that the director or inspector
is required to inspect in the mine. Time shall be made available during
an inspection for interaction with the employees of the mine by the
director or the inspector to ascertain the familiarity of the employees
with self-rescuers and accessible escapeways.
(g) The director or mine inspector making an inspection of a mine
shall make an accurate report covering such inspection, showing:
(1) the date of inspection and actual time required to make the
inspection;
(2) the condition in which the mine is found;
(3) the extent to which the mining laws are violated;
(4) the progress made in the improvement of the mine, where
such progress relates to the health and safety of the employees;
(5) the number of fatal injuries and the number of nonfatal
lost-time injuries resulting from accidents in and around the mine,
and their cause; and
(6) in case any violation of the mining laws is found, the specific
section or sections violated, with recommendations for correcting
them, and the action taken to eliminate them.
(h) The director or mine inspector making an inspection of a mine
shall within three (3) days after the completion of the inspection,
deliver:
(1) one (1) copy of the inspection report on the mine to the
operator, superintendent, or mine foreman of the mine inspected;
and
(2) one (1) copy to be posted within the three (3) day limit on a
bulletin board at a prominent place on the premises where it can
be conveniently read by the employees. If corrective action is
implemented, the report shall remain on the bulletin board for
thirty (30) days. If corrective action is not implemented, the report
shall not be removed from the bulletin board until the report of
the succeeding examination is posted.
The director or mine inspector shall keep the mine foreman or
superintendent informed as much as is practicable of any violation or
other unsafe condition as the regular inspection progresses. In instances
where, in the opinion of the mine inspector, an imminent or serious
disaster hazard exists, such inspector shall report the same to the
director by the quickest available means.
(i) It shall be the duty of the director and mine inspectors to enforce
the mining laws of this state and the mine inspectors shall perform such
other official duties required by the director as may be necessary to
secure full compliance with the mining laws of this state.
Formerly: Acts 1955, c.168, s.20. As amended by Acts 1979,
P.L.17, SEC.36; P.L.231-1983, SEC.6; P.L.112-1992, SEC.6;
P.L.35-2007, SEC.13.