§ 30-2-309 — Mine foreman and mine examiner certificates; qualifications; certificate required; reciprocity; council duties

(a) No person shall act as mine foreman or safety engineer
at any underground mine unless he holds a mine foreman
certificate for the type of mineral being mined. To obtain a
mine foreman certificate for a particular mineral an applicant
shall pass the required examination for the particular mineral.
An applicant for the mine foreman examination shall:
(i) Be at least twenty-three (23) years of age;
(ii) Except as otherwise provided, provide verifiable
documentation that he has at least three (3) years practical
experience in the mining of the mineral in which he desires to
hold a mine foreman certificate. Practical experience shall be
determined from practical work of a "hands-on" nature, directly
related to the hazards involved in the type of mine for which
the certificate is sought. Underground coal mine experience
shall qualify for gassy metal or nonmetal mine experience. The
council may grant one (1) year's experience credit for not less
than five (5) years' experience in an underground gassy metal or
nonmetal mine for underground coal mine experience. Surface
mine experience in a different mineral may be considered by the
council when qualifying an applicant to take the examination for
surface foreman certification. The council may grant one (1)
year experience credit for not less than ten (10) years
experience in another type of mine or in an industry similar in
nature to mining;
(iii) Complete and timely file an examination
application;
(iv) When the applicant seeks to receive practical
experience credit for holding a mining engineering degree,
provide verifiable documentation of the degree; and
(v) Hold a valid mine examiner's certificate.
(b) No person shall act as a mine examiner in any
underground mine unless he holds a mine examiner certificate for
the type of mineral being mined. To obtain a mine examiner
certificate for a particular mineral an applicant shall pass the
required examination for the particular mineral. An applicant
for the mine examiner examination shall:
(i) Provide verifiable documentation that he has at
least two (2) years practical experience in the type of mineral
mined in which he desires to hold a mine examiner certificate.
Practical experience shall be determined from practical work of
a "hands-on" nature, directly related to the hazards involved in
the type of mine for which the certificate is sought.
Underground coal mine experience shall qualify for gassy metal
or nonmetal mine experience. Gassy metal or nonmetal mine
experience shall not qualify for underground coal mine
experience;
(ii) Complete and timely file an examination
application;
(iii) Be at least twenty-three (23) years of age; and
(iv) When the applicant seeks to receive practical
experience credit for holding an engineering degree, provide
verifiable documentation of the degree.
(c) A mining engineering degree from an accredited college
or university shall be considered the equivalent of one (1) year
practical experience for mine foreman certificate and one (1)
year for mine examiner certificate. An approved degree from an
accredited college or university which degree is related to
mining may be considered the equivalent of one (1) year
practical experience for mine foreman certificate and one (1)
year for mine examiner certificate. In no case shall practical
experience credit for a degree, mining experience credit or a
combination thereof exceed one (1) year for a mine foreman
certificate or one (1) year for a mine examiner certificate.
For purposes of this section a degree shall be limited to a
baccalaureate, master's or doctorate degree.
(d) Any person holding a certificate of competency from a
proper examining board of any state with which Wyoming has a
reciprocal agreement may perform the duties in Wyoming for which
his certificate certifies that he is competent, without
examination by the state mining council. Before assuming any
duties in a mine, the person shall present his certificate to
the council through the inspector and secure approval of the
certificate by the council. The person is subject to examination
by the council at the request of the inspector. The person's
authority to act in Wyoming as mine foreman, mine examiner or
safety engineer may be cancelled in the same manner as
certificates issued by the council. No person shall employ any
mine foreman, mine examiner or safety engineer in an underground
mine who does not possess the certificate of competency
required.
(e) The state mining council shall include in its rules
for implementation of this article, the following:
(i) Procedures for review and approval of a study
manual prepared by industry to provide guidance to those taking
the examinations;
(ii) Procedures for preparing the examinations by the
council or a committee of council members appointed for this
purpose, provided that final approval of the examination shall
be made by the council;
(iii) Procedures for grading examinations;
(iv) Procedures for reviewing the examination results
by an applicant with a designated committee of the council and
provisions for appeal by an applicant of any adverse decision of
the council;
(v) Each examination shall include questions to
ascertain the applicant's general knowledge of mining practices
in the type of mine and mineral involved, including but not
limited to ventilation, health and safety, rescue and recovery
work involved following mine disasters, detection and control of
gasses, fire and explosion prevention and control, use of
blasting procedures, electricity and mine equipment and
knowledge of the applicable state mining laws. The examination
shall also properly identify the importance of any single
question which if not answered correctly would cause failure of
the entire examination;
(vi) Criteria for granting experience credit for
purposes of this section.
(f) Repealed By Laws 2003, Ch. 5, § 2.