2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 705/ - Coal Mining Act. › Article 6 - Mine Examiners--Requirements And Duties

(225 ILCS 705/Art. 6 heading)
ARTICLE 6.
MINE EXAMINERS--REQUIREMENTS AND DUTIES.
(225 ILCS 705/6.01) (from Ch. 96 1/2, par. 601)
Sec. 6.01. 
Each applicant for a certificate of competency as mine examiner
shall produce evidence satisfactory to the Mining Board that he is a
citizen of the United States or lawfully admitted for permanent residence, at least 21 years of age and of good
repute and temperate habits and that he has had at least 4 years
practical underground mining experience,
and has been issued a First Class Certificate of Competency by the
Department of Natural Resources.
He shall pass an examination as to his
experience in mines generating dangerous gases, his practical and
technological knowledge of the nature and properties of mine gases, the laws
of ventilation, the structures and use of multi-gas detectors, and the laws of
this State relating to safeguards against fires from any source in mines.
He shall also submit to the Mining Board satisfactory evidence that he has
completed a course of training in first aid to the injured and mine rescue
methods and appliances prescribed by the Department.  Persons who
have graduated and hold a degree in engineering or an approved 4-year program
in coal mining technology
from an accredited
school, college, or university, are required to have only 2 years of
practical underground mining experience to qualify for the examination for a
certificate of competency.
Persons who have graduated and hold a two-year Associate in Applied
Science Degree in Coal Mining Technology from an accredited school, college
or university are required to have only 3 years' practical underground
mining experience to qualify for the examination for a Certificate of
Competency as a Mine Examiner.
(Source: P.A. 101-541, eff. 8-23-19.)
(225 ILCS 705/6.02) (from Ch. 96 1/2, par. 602)
Sec. 6.02. 
		Certified mine examiner. 
		A certificated mine examiner shall
be required at all coal mines. There shall be one or more additional
certificated mine examiners whenever required in writing by the State Mine
Inspector when the conditions are such as to make the employment of such
additional mine examiners necessary.
(Source: P.A. 87-1133; 88-185.)
(225 ILCS 705/6.03) (from Ch. 96 1/2, par. 603)
Sec. 6.03. 
		
		The mine examiner shall perform the duties set out in Sections
6.04 to 6.11, inclusive.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/6.04) (from Ch. 96 1/2, par. 604)
Sec. 6.04. In all mines:
1.   When the mine is to be operated, he shall     examine the prescribed working places of such mine within 3 hours before any workers in such shift, other than the examiner or the examiners designated by the mine manager to make the examination, enter the underground areas of the mine. Examine every active working place in the mine and make tests therein with a multi-gas detector for accumulation of methane and oxygen deficiency in the air therein; examine intake seals used to ventilate a working section and doors to determine whether they are functioning properly; inspect and test the roof, face, and rib conditions in the working areas and on active roadways and travelways; inspect active roadways, travelways, approaches to abandoned workings, and accessible falls in active sections for explosive gas and other hazards; and inspect to determine whether the air in each split is traveling in its proper course and in normal volume.
2. On non-coal producing shifts, if the mine has a     constructed minimum of 120 psi seals, he shall examine the mine in any area where any person is scheduled to work or travel underground. If the mine has less constructed than 120 psi seals, he shall examine the mine in its entirety the same as for a coal producing shift, except where men are to work only in the shaft, slope, or drift  or on the immediate shaft bottom, then only that area immediately surrounding the bottom need be examined. If the mine has a minimum of 120 psi seals and the mine has not been examined in its entirety for 7 consecutive days, a full mine examine shall be conducted, including seals and escape ways, prior to anyone other than the examiner or the examiners designated by the mine manager to make the examination enter the underground areas of such mine. If it is known that the air downwind of a minimum 120 psi seals when tested at a point not less than 12 inches from the roof, face, or rib contains more than 1.0% of methane as determined by permissible methane detector, air analysis, or other recognized means of accurately detecting such gas, he shall examine the mine in its entirety the same as for a coal producing shift, except where persons are to  work only in the shaft, slope, or drift or on the immediate shaft or slope  bottom, then only that area immediately surrounding the bottom shall be examined.
3. If the mine has constructed a minimum of 120 psi     seals, he shall conduct weekly examinations at each seal along return and bleeder air courses and at each seal along intake air courses where intake air passing by the seal is not used to ventilate a working section. If such mine has constructed less than 120 psi seals, he shall conduct a daily examination of each seal along return and bleeder air courses. If it is known that the air downwind of a minimum 120 psi seals when tested at a point not less than 12 inches from the roof, face, or rib contains more than 1.0% of methane as determined by permissible methane detector, air analysis, or other recognized means of accurately detecting such gas, he shall examine each seal along return and bleeder air courses and at each seal along intake air courses where intake air passing by the seal not used to ventilate a working section before the workers of any shift may enter the underground areas of such mine.
4. Conduct weekly examinations of escape ways     required by Sections 19.11 and 19.13.
(Source: P.A. 99-538, eff. 1-1-17.)
(225 ILCS 705/6.05) (from Ch. 96 1/2, par. 605)
Sec. 6.05. 
When in the performance of his duties, he shall carry with him a multi-gas detector
 in proper order and condition and a rod or bar for sounding the
roof.
(Source: P.A. 99-538, eff. 1-1-17.)
(225 ILCS 705/6.06) (from Ch. 96 1/2, par. 606)
Sec. 6.06. 
		
		He shall see that the air current is traveling in its proper
course and in proper quantity; and measure with an anemometer the amount of
air passing in the last cross-cut or break-through of each pair of entries,
or in the last room of each division in long-wall mines, and at all other
points where he may deem it necessary; and note the result of such
measurements in the mine examiner's book kept for that purpose.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/6.07) (from Ch. 96 1/2, par. 607)
Sec. 6.07. 
		
		He shall inspect all places where men are required in the
performance of their duties to pass or to work, and observe whether there
are any recent falls or dangerous roof or accumulations of gas or dangerous
conditions in rooms or roadways; and examine especially all roadways
leading to escapement shafts or other openings for the safe exit of men to
the surface, the edges and accessible parts of recent falls and old gobs
and air-courses.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/6.08) (from Ch. 96 1/2, par. 608)
Sec. 6.08. 
		
		As evidence of his examination of said doors, rooms and roadways
as provided for in this Article, he shall inscribe with chalk in some
suitable place on the doors, the roof or walls of rooms and roadways, but
not on the face of the coal, his initials and the date of his examination.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/6.09) (from Ch. 96 1/2, par. 609)
Sec. 6.09. 
		
		When working places are discovered in which there are recent
falls, dangerous roof, accumulation of gas or other dangerous conditions,
he shall place, in all entrance ways to said working places where dangerous
conditions exist, conspicuous marks or signs to "keep out". Should he find
that the provisions of Section 24.03, with reference to distance rock
dusting is back from the face, are not complied with, he shall record such
condition, and the place, in his daily examination report.
(Source: Laws 1955, p. 2012.)
(225 ILCS 705/6.10) (from Ch. 96 1/2, par. 610)
Sec. 6.10. 
Upon completing his examination, he shall make a daily record either by calling out the results of the examination to a recorder on the surface or by personally recording the report.  The recorder or mine examiner shall record the report in a book or computer system that is provided by the operator for that purpose, and the book or computer system shall be secure and not susceptible to alteration.  The examination report is for the information of the
company, the State Mine Inspector, and all other persons interested; and
this report shall be recorded before the miners are permitted to enter the mine.  If the examination report is called out by the mine examiner to a recorder, the recorder must place his signature, certificate number, and date in the book or computer system before the miners are permitted to
enter the mine. If the examination report is called out, the mine examiner shall verify the report by his signature, certificate number, and date by or at the end of his shift.  If the mine examiner finds an omission or error in the report, the report shall be corrected and he must immediately notify the shift mine manager of the omission or error.
(Source: P.A. 99-538, eff. 1-1-17.)
(225 ILCS 705/6.11) (from Ch. 96 1/2, par. 611)
Sec. 6.11. 
Should any dangerous conditions be found as described in Section
6.09, he shall immediately notify the shift mine manager,
setting forth the nature of the conditions found and the location of same.
(Source: P.A. 99-538, eff. 1-1-17.)
(225 ILCS 705/6.12) (from Ch. 96 1/2, par. 612)
Sec. 6.12. 
It shall be unlawful for the operator of any mine to have in his
service as mine examiner any person who does not hold a certificate of
competency issued by the Mining Board except that anyone holding a mine
manager's certificate may serve as a mine examiner. The mine manager shall not act in the capacity
of mine examiner while acting as mine manager. However, whenever any
exigency arises by which it is impossible for any operator to secure the
immediate services of a certificated examiner, he may employ any
trustworthy and experienced man of the mine inspection district to act as
temporary mine examiner for a period not exceeding 7 days, and with the
approval of the State Mine Inspector of the district, for a further period
not exceeding 23 days. The employment of persons who do not hold
certificates as mine examiners shall in no case exceed the limit of time
specified herein, and the State Mine Inspector shall not approve of the
employment of such persons beyond the 23 day limit.
(Source: P.A. 99-538, eff. 1-1-17.)
(225 ILCS 705/6.13) (from Ch. 96 1/2, par. 613)
Sec. 6.13. 
		
		Effective on or after January 1, 1977, it shall be unlawful
for the operator of any mine to employ underground any person in a
supervisory capacity who does not hold a certificate of competency as a
mine examiner or mine manager issued by the Mining Board; except those
engineering and maintenance supervisors who supervise persons engaged in
the maintenance and repair of underground equipment,
provided that these
supervisors have had training in mine ventilation and mine related
hazards approved by the Mining Board.  Upon request, the Mining Board
may issue a temporary certificate of competency as mine examiner or mine
manager to any person who possesses a valid equivalent certificate
issued by the appropriate agency in another state, provided however that
such temporary certificate shall be valid only until the first available
examination given by the Mining Board
or 6 months, whichever is longer.
(Source: P.A. 80-296.)
(225 ILCS 705/6.14) (from Ch. 96 1/2, par. 614)
Sec. 6.14. 
		
		The certificate of any mine examiner may be cancelled and revoked
by the Mining Board upon notice and hearing as hereinafter provided, if it
shall be established in the judgment of the Mining Board that the holder
thereof has obtained said certificate by fraud or misrepresentation of his
experience or has become unworthy to hold said certificate by reason of
violation of the law, intemperate habits, incapacity, abuse of authority or
for any other cause. However, any person against whom charges or complaints
are made hereunder shall have the right to appear before the Mining Board
and defend himself against said charges, and he shall have 15 days' notice
in writing of such charges previous to such hearing. The Mining Board, in
its discretion, may suspend the certificate of any person charged as
aforesaid, pending such hearing, but the hearing shall not be unreasonably
deferred.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/6.15) (from Ch. 96 1/2, par. 615)
Sec. 6.15. 
A sufficient number of men trained
in the use of a multi-gas detector shall be employed by the
operator, who shall examine the mine for obnoxious and inflammable gases
while men are working therein.
(Source: P.A. 99-538, eff. 1-1-17.)
(225 ILCS 705/6.16) (from Ch. 96 1/2, par. 616)
Sec. 6.16. 
When in the judgment of the State Mine Inspector, expressed in
writing to the mine operator, certain sections of a mine generate dangerous
quantities of explosive gases, the State Mine Inspector shall require those
sections of the mine to be examined for gas in a prescribed manner and at
shorter intervals of time than 3 hours preceding the time the day shift
goes on duty for every day in which the mine is to be operated.
(Source: P.A. 99-538, eff. 1-1-17.)