2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 705/ - Coal Mining Act. › Article 4 - State Mine Inspectors and Mine Inspection

(225 ILCS 705/Art. 4 heading)
ARTICLE 4.
STATE MINE INSPECTORS
AND MINE INSPECTION.
(Source: P.A. 96-328, eff. 8-11-09.)
(225 ILCS 705/4.01) (from Ch. 96 1/2, par. 401)
Sec. 4.01. 
Each applicant for a certificate of competency as State Mine
Inspector shall produce evidence satisfactory to the Mining Board that he
is a resident of this State, at least thirty years of age; that he has had a
practical mining experience of ten years, of which at least two years shall
have been in the State of Illinois, and that he is a man of good repute and
temperate habits; and that he has a first class mine manager's certificate.
 He shall pass an examination as to his practical and technological knowledge
of mine appliances; of the proper development and operation of coal mines; of ventilation in mines; of the nature and properties of
mine gases; of first aid to the injured and of mine rescue methods and
appliances, as prescribed by the Department of Natural Resources; of the geology of coal measures in
this State; and of the laws of this State relating to coal mines.
(Source: P.A. 101-541, eff. 8-23-19.)
(225 ILCS 705/4.02) (from Ch. 96 1/2, par. 402)
Sec. 4.02. 
		
		At the close of each examination for State Mine Inspectors the
Mining Board shall prepare a list containing the names of all candidates
who have received a rating above the minimum fixed by rules of the Mining
Board as being persons properly qualified for the position of State Mine
Inspector. Candidates shall be so listed in the order of their relative
excellence. The names of candidates shall be removed from this list 24
months after the date certificate of competency has been issued and shall
not be eligible for employment as State Mine Inspectors until they have
taken and passed another examination. The list shall be open for public
inspection at the office of the Mining Board.
(Source: Laws 1955, p. 2012.)
(225 ILCS 705/4.03) (from Ch. 96 1/2, par. 403)
Sec. 4.03. 
		
		From the names appearing on the list on file in the office of the
Mining Board, the Mining Board shall select and appoint one State Mine
Inspector for each of the inspection districts provided for in this Act,
and two additional State Mine Inspectors for the State at large, all such
appointees to be selected in the order of their appearance on the list.
Nothing herein contained shall affect the tenure of any person holding the
position of State Mine Inspector on the effective date of this Act. No
person shall be eligible for appointment as a State Mine Inspector who has
any pecuniary interest in any coal mine in Illinois.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.04) (from Ch. 96 1/2, par. 404)
Sec. 4.04. 
		(Repealed).
(Source: Laws 1953, p. 701.  Repealed by P.A. 92-85, eff. 7-12-01.)
(225 ILCS 705/4.05) (from Ch. 96 1/2, par. 405)
Sec. 4.05. 
		
		The Mining Board shall furnish to each State Mine Inspector an
anemometer, a safety lamp, blank books, stationery, printing, and such
other instruments and supplies as may be required by the State Mine
Inspector in the discharge of his official duties.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.06) (from Ch. 96 1/2, par. 406)
Sec. 4.06. 
		
		State Mine Inspectors shall devote their whole time and attention
to the duties of their office. State Mine Inspectors shall make a personal
examination at least once every month, or more often if necessary, of each
mine in their district. The Mining Board may also require State Mine
Inspectors personally to examine any other mines in any other district.
Every mine in the State shall be examined at least once every month by a
State Mine Inspector.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.07) (from Ch. 96 1/2, par. 407)
Sec. 4.07. 
		
		Every State Mine Inspector in his regular examination of mines
shall measure with an anemometer the amount of air passing in the last
crosscut in each pair of entries. He shall also investigate the condition
of ventilation in all working places to see that ventilation is adequate,
and in longwall mines the last face of each division. He shall measure with
an anemometer the amount of air passing at the inlet and outlet of the
mines. He shall compare all such air measurements with the last report of
the mine examiner and the mine manager, in the mine examination book of the
mine. He must verify that the legal code of signals between the engineer
and the top man and the bottom man has been established and is
conspicuously posted for the information of all employees.
(Source: Laws 1955, p. 2012.)
(225 ILCS 705/4.08) (from Ch. 96 1/2, par. 408)
Sec. 4.08. 
		
		State Mine Inspectors shall require that every precaution
be taken to insure the health and safety of the workers employed in the
mines; and that every provision of all the State laws relative to mining
are obeyed.
(Source: P.A. 81-992.)
(225 ILCS 705/4.09) (from Ch. 96 1/2, par. 409)
Sec. 4.09. 
		
		State Mine Inspectors shall render written reports of mine
inspection made by them to the Mining Board in such form and manner as
shall be required by the Mining Board.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.10) (from Ch. 96 1/2, par. 410)
Sec. 4.10. 
		
		State Mine Inspectors shall take prompt action for the
enforcement of the penalties provided for violation of this Act.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.11) (from Ch. 96 1/2, par. 411)
Sec. 4.11. 
		
		It is lawful for State Mine Inspectors to enter, examine, and
inspect any and all coal mines and the machinery belonging thereto, at all
reasonable times, by day or by night, but so as not to unreasonably
obstruct, or hinder the working of such coal mines. The operator of every
coal mine is required to furnish all necessary facilities for making the
examination and inspection.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.12) (from Ch. 96 1/2, par. 412)
Sec. 4.12. 
		
		If any owner, operator or agent refuses to permit the State Mine
Inspector to make an inspection or to furnish the necessary facilities for
making such examination and inspection, the State Mine Inspector shall file
his affidavit, setting forth such refusal, with the judge of the circuit
court in the county in which such mine is situated, and obtain an order on
such owner, agent or operator so refusing as aforesaid, commanding him to
permit and furnish such necessary facilities for the inspection of such
coal mine, or be adjudged to stand in contempt of court and punished
accordingly.
(Source: Laws 1965, p. 3620.)
(225 ILCS 705/4.13) (from Ch. 96 1/2, par. 413)
Sec. 4.13. 
		
		The State Mine Inspector shall post in some conspicuous place at
the top of each mine inspected by him, a plain statement showing what in
his judgment is necessary for the better protection of the lives and health
of persons employed in the mine. The statement shall give the date of
inspection and be signed by the State Mine Inspector.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.14) (from Ch. 96 1/2, par. 414)
Sec. 4.14. 
		
		The State Mine Inspector shall post a notice at the landing used
by the men, stating the number of men permitted to ride on the cage at one
time, and the rate of speed at which men may be hoisted and lowered on the
cages.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.15) (from Ch. 96 1/2, par. 415)
Sec. 4.15. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
(225 ILCS 705/4.16) (from Ch. 96 1/2, par. 416)
Sec. 4.16. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
(225 ILCS 705/4.17) (from Ch. 96 1/2, par. 417)
Sec. 4.17. 
		
		Each State Mine Inspector shall, within 60 days after December 31
of each year, prepare and forward to the Mining Board a formal report of
his acts during the year in the discharge of his duties, with any
recommendations as to legislation he may deem necessary on the subject of
mining. He shall collect and tabulate, upon blanks furnished by the Mining
Board, all desired statistics of mines and miners within his district, to
accompany his annual report.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.18) (from Ch. 96 1/2, par. 418)
Sec. 4.18. 
On the receipt of each State Mine Inspector's report the Mining
Board shall compile and summarize the data to be included in the report
of the Mining Board, known as the Annual Coal Report, which shall within
four months thereafter, be printed, bound, and transmitted to the Governor
and General Assembly for the information of the public. The printing
and binding of the Annual Coal Reports shall
be provided for by the Department
of Central Management Services in like manner and numbers, as it provides
for the publication of other official reports.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(225 ILCS 705/4.19) (from Ch. 96 1/2, par. 419)
Sec. 4.19. 
		
		Every coal operator shall, within 20 days after December 31 of
each year, furnish to the State Mine Inspector of the district, on blanks
furnished by him prior to said December 31, statistics of the wages and
conditions of their employees as required by law. The failure of any State
Mine Inspector to forward to the Mining Board his formal report, as
provided herein, or the failure of any coal operator to furnish to the
State Mine Inspector of the district the statistics provided for herein,
shall be adjudged a petty offense and fined not to exceed $100.
(Source: P.A. 77-2718.)
(225 ILCS 705/4.20) (from Ch. 96 1/2, par. 420)
Sec. 4.20. 
		
		
		No State Mine Inspector shall solicit or accept any political campaign
contribution or gratuity of any kind or character, from any mine operator
or his agent; from any coal sales company, or their agents or
representatives; or from any miner, local union or union official. In the
event he does so solicit or accept any such contribution or gratuity from
any person he is guilty of an act tending to the unlawful injury of miners,
and is guilty of malfeasance, and in that event, the Mining Board shall
declare the position of the State Mine Inspector vacant.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.21) (from Ch. 96 1/2, par. 421)
Sec. 4.21. 
		
		No official or employee of the Department of Natural
Resources shall solicit,
or request any State Mine Inspector of the State of Illinois to solicit,
political campaign contributions or a gratuity of any kind or character
from any mine operator or his agent, or from any coal sales company or
its agent or representatives, or from any miner
or local union or other officials.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 705/4.22) (from Ch. 96 1/2, par. 422)
Sec. 4.22. 
		
		
		Any person found guilty of violating any of the provisions of Sections
4.20 or 4.21 is guilty of a Class 4 felony.
(Source: P.A. 77-2718.)
(225 ILCS 705/4.23) (from Ch. 96 1/2, par. 423)
Sec. 4.23. 
		
		The State shall be divided into not to exceed 22 inspection
districts, the division to be made by the Mining Board. The Mining Board
may change the boundaries of the districts from time to time in order to
more equally distribute the labor and expenses of the several State Mine
Inspectors, and may at any time reduce the number of inspection districts,
and the number of State Mine Inspectors employed.  However, there shall be no
fewer than 16 State Mine Inspectors if there are 40 or more mines operational
in the State, no fewer than 12 State Mine Inspectors if at least 30 but fewer
than 40 mines are operational, no fewer than 8 State Mine Inspectors if at
least 20 but fewer than 30 mines are operational, and no fewer than 4 State
Mine Inspectors if at least 10 but fewer than 20 mines are operational.
For purposes of this Section, "mine" or "coal mine" means any area of land
and any structures, facilities, machinery, tools, equipment, shafts, slopes,
tunnels, excavations, and other property, real or personal, placed under, upon,
or above the surface of the land by any person, that is used in, to be used in,
or resulting from the work of extracting from that area of land bituminous
coal, lignite, or anthracite from its natural deposit in the earth.
(Source: P.A. 88-391; 88-472.)
(225 ILCS 705/4.24) (from Ch. 96 1/2, par. 424)
Sec. 4.24. 
		
		Upon a petition signed by not less than three coal operators, or
10 coal miners, or by the Director of the Office of Mines and Minerals,
setting forth that any State Mine Inspector neglects his duties, or that he
is incompetent, or that he is guilty of malfeasance, or guilty of any act
tending to the unlawful injury of miners or operators of mines, the Mining
Board shall issue a citation to the State Mine Inspector to appear before
it within a period of 15 days on a day fixed for a hearing, when the Mining
Board shall investigate the allegations of the petitioners.  In the event of
a citation, as referred to above, the Mining Board in its discretion may
immediately remove the State Mine Inspector involved from service pending
the hearing aforesaid mentioned.  If the Mining Board finds that the State
Mine Inspector has neglected his duty or is incompetent or that he is
guilty of malfeasance or guilty of any act tending to the injury of miners
or operators of mines, the Mining Board shall declare the position of said
State Mine Inspector vacant, and a properly qualified person shall be duly
appointed, in the manner provided for in this Act, to fill the vacancy.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 705/4.25) (from Ch. 96 1/2, par. 425)
Sec. 4.25. 
		
		Each State Mine Inspector shall collect samples of mine
atmospheres and mine dusts for analysis by the Departmental Analytical
Laboratory. All such samples shall be collected in accordance with the
rules of the Mining Board and submitted to the Analytical Laboratory. The
results of analysis of mine atmosphere samples by the Analytical Laboratory
shall be used by the State Mine Inspector as a basis for classification of
mines as being gassy or non-gassy. The results of analysis of dust samples
by the Analytical Laboratory shall be used by the State Mine Inspector as a
basis for recommendations with respect to the rock dusting requirements of
this Act. The operator of the mine from which samples of air and dust are
taken shall be furnished a copy of the results of such analysis.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.26) (from Ch. 96 1/2, par. 426)
Sec. 4.26. 
		
		Any State Mine Inspector who discovers that any section of this
Act, or part thereof, is being neglected or violated, shall order immediate
compliance therewith, and, in case of failure to comply shall have power to
stop the operation of the mine or to remove any offending person or persons
from the mine until the law is complied with.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.30) (from Ch. 96 1/2, par. 430)
Sec. 4.30. 
		
		If any State Mine Inspector finds that any provision of this Act
is being violated, he shall file a sworn complaint before the circuit court,
stating the facts within his knowledge in such case
and asking that the person charged with such violation be bound over to the
next grand jury for the county.  The State's Attorney for the county in
which such violation occurs shall prosecute such complaint, as provided by
law in other State cases.
(Source: P.A. 79-1358.)
(225 ILCS 705/4.33) (from Ch. 96 1/2, par. 433)
Sec. 4.33. 
		
		If any State Mine Inspector willfully fails, neglects or refuses
to file a complaint as herein required, or willfully disregards the duties
required of him by the provisions of this Act, a sworn complaint may be
filed by any person having knowledge of the facts, before the circuit court,
charging the State Mine Inspector with nonfeasance
in office and asking that such inspector be bound over to the next grand
jury for the county, and the State's Attorney for the county in which such
violation occurs shall prosecute such complaint as provided by law in other
State cases.
(Source: P.A. 79-1358.)
(225 ILCS 705/4.34) (from Ch. 96 1/2, par. 434)
Sec. 4.34. 
		
		Upon final conviction for nonfeasance in office under the
provisions of this Act of any State Mine Inspector his certificate of
qualification or of competency, as the case may be, shall be thereby
invalidated and he shall become disqualified from holding such office, and
such person shall not be entitled to receive another certificate of
qualification or of competency, as the case may be, within 3 months from
the date of such final conviction.
(Source: Laws 1967, p. 2076.)
(225 ILCS 705/4.35) (from Ch. 96 1/2, par. 435)
Sec. 4.35. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(225 ILCS 705/4.36) (from Ch. 96 1/2, par. 436)
Sec. 4.36. 
		
		On each visit to a mine, the State Mine Inspector shall notify
a representative of the miners that he is there to make an inspection.
The miners' representative may elect to accompany the Inspector
during his inspection and shall suffer no loss of pay.  Following each inspection,
the Inspector shall meet with the management of the mine and the representative
of the miners to discuss his findings, recommendations and general safety
conditions of the mine.  His findings and recommendations, together with
the time allowed to comply, shall be posted in a conspicuous place following
each inspection.  For the purposes of this Section, where 2 or more Inspectors
travel together, only one representative of the miners who accompanies the
Inspectors shall suffer no loss of pay.
(Source: P.A. 83-1234.)