§ 30-2-205 — Rules and regulations; uniform code of signals; penalty for false signals

Wyoming § 30-2-205

• Jurisdiction: Wyoming
• Title 30: Mines and Minerals
• Ch. 2: MINING OPERATIONS
• Art. 2: INSPECTOR OF MINES

Text

(a) The inspector shall under W.S. 16-3-101 through
16-3-115 promulgate rules and regulations to implement this act.
Rules and regulations shall be promulgated under this act for
all types of mines and mining or for specific types of mines or
mining as required to implement this act and to comply with
applicable federal law. The rules and regulations shall be no
more stringent than federal rules and regulations and shall
provide the flexibility necessary in application to specific
instances and implement the basic purpose of giving all mining
operations and coal mines the greatest freedom consistent with
the public interest and the safety of employees and the general
public. The inspector shall adopt applicable rules and
regulations to the extent necessary to implement the provisions
of chapter 3 of this title for which there are no applicable
federal rules and regulations. The inspector shall submit all
rules and regulations to the council for final approval. The
rules implementing the provisions of chapter 3 of this title
shall:
(i) To the extent not in conflict with an express
provision of chapter 3 of this title, provide for consistency
and equivalency but not more stringent than rules and
regulations adopted by the MSHA under Title 30 of the code of
Federal Regulations, Parts 56, 57, 75 and 77, as may be amended,
including provisions incorporated by reference in those rules
and regulations; and
(ii) Authorize variances to safety rules upon
petition by the affected operator and a determination by the
inspector that:
(A) An alternative method of achieving the
result of the standard exists that will at all times guarantee
no less than the same measure of protection afforded by the
standard;
(B) Application of the standard will result in a
diminution to safety of the miners; or
(C) Failure to grant the variance would be
inconsistent with action taken on the same petition by the MSHA.
(b) The inspector of mines shall by rule or regulation:
(i) Adopt and enforce a uniform code of signals;
(ii) Determine at which mining operations the code of
signals shall be effective;
(iii) Prescribe the manner by which the code of
signals shall be displayed or distributed.
(c) Any person giving or causing to be given false
signals, or riding upon any cage, skip or bucket upon signals
that designate to the engineer that no employees are aboard, is
guilty of a misdemeanor punishable by a fine of not less than
fifty dollars ($50.00) nor more than one hundred dollars
($100.00).