Examinations - applicant qualifications.

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(1) All candidates for examination for certification shall demonstrate at the time of the examination satisfactory eyesight and hearing consistent with the practice and needs of the coal mining industry.

  1. Every applicant for certification as a mine foreman shall produce evidence satisfactory to the board of not less than three years' experience in mines or in operations determined by the board to be equivalent to coal mines. The experience of an applicant intending to work in underground mines must be in underground mining. The experience of an applicant intending to work in surface mining must be in surface mining.

  2. A person who holds a college degree in engineering, which degree is determined bythe board to be acceptable and suited to the intent and purpose of this article 22, who satisfies the board that the person has at least one year of actual and satisfactory experience in the operation of underground coal mines, including experience in mining, timbering, haulage, drainage, and ventilation and including experience in the capacity of mining engineer, is eligible for examination as a mine foreman in underground coal mines.

  3. Every applicant for a fire boss certification shall provide evidence satisfactory to theboard that he has at least three years' experience in gassy underground mines, one year of which will be in an underground coal mine.

  4. (a) Every applicant for a certificate of competency as a mine electrician shall have at least one year's experience in coal mines or noncoal mines or other electrical experience and:

  1. Shall have been qualified as a coal mine electrician by another state that has a coalmine electrical qualification program equivalent to that of this state or a state program approved by the United States secretary of labor or his authorized representative; or

  2. Shall be determined to be a person qualified to perform electrical work in underground or surface coal mines by the United States secretary of labor or his authorized representative; or

  3. Shall be qualified by training, education, and experience to perform electrical work,maintain electrical equipment, and conduct examinations and tests of electrical equipment.

  1. In the case of an applicant for a certificate of competency as an underground coalmine electrician, the requisite one year's experience shall be in underground mines.

  2. All certified coal mine electricians shall attend annually an approved electrical retraining class to retain said certification.

  1. Every applicant for certification as a shot-firer must have experience as defined bythe board.

  2. All hoistmen working in coal mines must be certified as follows:

  1. Applicants must have experience and training as approved by the board or the UnitedStates mine safety and health administration.

  2. (Deleted by amendment, L. 96, p. 378, § 3, effective July 1, 1996.)

Source: L. 88: Entire article R&RE, p. 1193, § 3, effective July 1. L. 96: (6) and (7) amended, p. 378, § 3, effective July 1. L. 2020: (2) and (3) amended, (HB 20-1208), ch. 119, p. 495, § 5, effective June 23.

Editor's note: This section is similar to former §§ 34-21-109 and 34-21-114 as they existed prior to 1988.


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