Nothing in this rule applies to activities that are permitted
and regulated under Chapter 1514. of the Revised Code; such activities
shall follow the reporting, investigation, and
annual report requirements of
are governed
by Chapter 1501:14-2 of the Administrative Code. All other mines under
the jurisdiction of the division of mineral resources management (DMRM)
shall
will
follow the reporting, investigation, and annual
report requirements
provisions of this
rule.
(A) Accidents requiring
immediate direct notification.
(1) Operators
of mines required to comply with the MSHA immediate notification
requirement
provisions of
30 C.F.R.
50.10 shall provide immediate direct
notification in accordance with paragraph (A)(2) of this rule concurrent with
the
required notification to MSHA. All such
operators
shall
are
to also file a written report of the accident by submitting to the chief,
within ten working days, a copy of the
required MSHA accident report concurrent with the
submission of the report to MSHA.
(2) For a life-threatening mine emergency in
which there has been a serious accident or a fatality or for which a mine
rescue team is needed, the operator
shall make
direct
is to directly notify
notification to the emergency operations
center of the Ohio department of natural resources by telephone at (614)
799-9538. For all other accidents for which the operator is required to comply
with the MSHA immediate notification
requirement
provision
of 30 C.F.R.
50.10, the operator
shall make direct notification to
is to directly notify the appropriate DMRM mine safety
supervisor or resident mine inspector.
(3) For the purposes of this rule, "direct
notification" means person to person or phone contact between an operator or
his or her authorized representative and the appropriate DMRM mine safety
supervisor or resident mine inspector, or the emergency operations center of
the Ohio department of natural resources. Voice mail or electronic mail
messages are not considered direct notification.
(B) Accidents, occupational injuries and
occupational illnesses requiring written notification. Operators of mines
required to comply with the MSHA written notification
requirements
provisions 30 C.F.R. Part
50 Subpart C shall file
written reports of accidents, occupational injuries or occupational illnesses
with the chief within ten working days of occurrence of the accident or injury,
or diagnosis of the illness, by submitting a copy of the
required MSHA report to the
chief.
(C) The DMRM will conduct an
investigation of any fatality immediately upon receipt of notice; any accident
deemed serious by the chief
shall
will be investigated within twenty-four hours of
notice. In conducting such investigation(s), the DMRM
shall
will
prepare a written report concerning the factors contributing to the accident.
Such reports
shall
will be provided to the mine operator. A mine operator
may provide written comments to the chief concerning such reports. Such reports
and comments
shall
will become a part of the accident investigation file
and official inspection records maintained by the DMRM.
(D) The DMRM accident investigator(s) shall
provide written recommendations to the chief concerning appropriate remedial
measures to prevent the reoccurrence of a fatality or serious accident.
The chief will provide notice to other inspectors and the
mining industry, as appropriate, in an effort to preclude a similar occurrence
at another mine. The chief will summarize such accident, injury, and illness
reports on an annual basis in compliance with the reporting provisions of
section 1561.04 of the Revised Code.
Notes
Ohio Admin. Code
1501:10-1-06
Effective:
6/27/2024
Five Year Review (FYR) Dates:
4/11/2024 and
06/27/2024
Promulgated
Under: 119.03
Statutory Authority: 1561.03, 1561.05
Rule Amplifies: 1561.011, 1561.04, 1561.36, 1561.37, 1563.43,
1565.12, 1567.55, 1567.78
Prior Effective Dates: 12/31/1998,
11/17/2012, 04/18/2019
