Mont. Admin. R. 24.30.1302 - COAL MINING CODE
(1) As used in the
rules adopted in (2) below, unless the context clearly requires otherwise, the
following definitions apply:
(a) "Act" means
the Montana Coal Mining Code.
(b)
"Bureau of mines" means the Department of Labor and Industry.
(c) "Certified" or "registered" means a
person certified or registered by the Department of Labor and
Industry.
(d) "Coal mine district
manager" means the Department of Labor and Industry.
(e) "Department of the Interior" means the
Department of Labor and Industry.
(f) "Mining enforcement and safety
administration" means the Department of Labor and Industry.
(g) "Qualified person" means an individual
deemed qualified by the Department of Labor and Industry and designated by the
operator to make tests and examination required by the Department of Labor and
Industry.
(h) "Secretary" means the
administrator of the Employment Relations Division of the Department of Labor
and Industry.
(2) The
Department of Labor and Industry adopts under
50-73-103,
MCA, coal mine safety standards to protect employees who work in coal mines in
this state. The following standards are adopted by reference to certain safety
and health rules and standards that have been adopted by the federal government
and are found in the Code of Federal Regulations (CFR), Title 30, revised as of
July 1, 2006:
(a) 30 CFR part 41, pertaining
to notification by the mine of its legal identity;
(b) 30 CFR part 47, pertaining to hazard
communication;
(c) 30 CFR part 48,
pertaining to training and retraining of miners;
(d) 30 CFR part 62, pertaining to
occupational noise exposure;
(e) 30
CFR part 70, pertaining to mandatory health standards in underground coal
mines;
(f) 30 CFR part 71,
pertaining to mandatory health standards in surface coal mines and surface work
areas of underground coal mines;
(g) 30 CFR part 72, pertaining to health
standards for coal mines;
(h) 30
CFR part 74, pertaining to coal mine dust personal sampler units;
(i) 30 CFR part 75, pertaining to mandatory
safety standards in underground coal mines, except:
(i)
30 CFR
75.155, which is not applicable because
Montana licensing statutes for crane and hoist operators apply; and
(ii)
30 CFR
75.1200-2, which is not applicable because
50-73-201,
MCA, provides that mine maps must be made to a scale of not less than 200 feet
to 1 inch; and
(j) 30
CFR part 77, pertaining to mandatory safety standards in surface coal mines and
surface work areas of underground coal mines, except:
(i) as to the requirements of 30 CFR
77.807.1, the minimum height for high voltage power lines is 20 feet above the
ground; and
(ii) in addition to the
requirements of
30 CFR
77.1710, there are additional requirements
that:
(A) except for personnel who work in an
office or on clerical matters under nonhazardous conditions, rings may not be
worn around a mine or plant; and
(B) persons with long hair shall have their
hair confined while working around moving equipment and machinery.
(3) All
sections adopted and referred to above are binding on every employer who is
covered by the Montana Coal Mining Code even though the sections are not
separately printed in a separate state pamphlet and are omitted from
publication in the Montana Administrative Register and the Administrative Rules
of Montana. The sections referred to above that are contained in the Code of
Federal Regulations referred to above are considered under this rule as the
printed form of the safety rules and standards adopted under this rule, and
must be used by the Department of Labor and Industry and all employers,
employees, and other persons when referring to the provisions of the safety
rules and standards adopted in this rule. All the provisions, remedies, and
penalties found in the Montana Coal Mining Code (
50-73-101
through
50-73-418,
MCA) apply to the administration of the provisions of the safety rules and
standards adopted in this rule. A copy of the rules adopted by reference are
available in printed form by contacting the Montana Department of Labor and
Industry, Employment Relations Division, Safety Bureau, P.O. Box 1728, Helena,
Montana 59624-1728, or the Superintendent of Documents, United States
Government Printing Office, 941 North Capitol Street, Washington, D.C.
20401.
(4) For convenience, the
federal number of a particular section found in the Code of Federal Regulations
should be used when referring to a section in the safety rules and standards
adopted in (2) above. The federal number is to be preceded by the term (4).
Thus, when section 70.100 of the Code of Federal Regulations pertaining to dust
standards is to be referred to or cited, the correct cite would be "subsection
(4) 70.100 of section 24.30.1302A RM" or "ARM
24.30.1302(4)
70.100".
Notes
50-71-301, MCA; IMP, 50-73-103, MCA;
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