reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 1. General Provisions › 50-73-102. Definitions

50-73-102. Definitions.
As used in this chapter, the following definitions apply:
(1) "Department" means the department of labor and industry and the state coal mine inspectors employed by the department.
(2) "Excavations" and "workings" mean all parts of a mine excavated or being excavated, including shafts, slopes, tunnels, entries, rooms, and working places, whether abandoned or in use.
(3) "Mine" and "coal mine" mean all parts of the property of a mining plant under one management that contribute, directly or indirectly, to the mining or handling of coal.
(4) "Mine examiner" means a person charged with the examination of the condition of the mine before the miners are permitted to enter the mine and who is commonly known as the "fire boss".
(5) "Mine supervisor" means a person who is charged with the general direction of the underground work or both the underground work and the outside work of a coal mine and who is commonly known and designated as "mine boss".
(6) "Operator", as applied to the entity in control of a mine under this chapter, means the person, firm, or body corporate that is the immediate proprietor as owner or lessee of the mine and, as such, is responsible for the condition and management of the mine.
(7) "Shaft" means any vertical opening through the strata that is or may be used for the purpose of ventilation or escape or for hoisting or lowering of workers or material in connection with the mining of coal.
(8) "Slope" and "drift" mean respectively an incline or horizontal way, opening, or tunnel to a seam of coal to be used for the same purpose as a shaft.
(9) "Written inspection report" means a report prepared by the department identifying safety and health hazards noted during a mine inspection. The term includes any citation or order issued by the department that refers to a violation of safety or health standards at the mine.
History: En. 50-401.1 by Sec. 2, Ch. 267, L. 1974; R.C.M. 1947, 50-401.1; amd. Sec. 109, Ch. 370, L. 1987; amd. Sec. 49, Ch. 613, L. 1989; amd. Sec. 18, Ch. 27, L. 2009; amd. Sec. 1876, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 1. General Provisions › 50-73-103. Department authorized to adopt rules

50-73-103. Department authorized to adopt rules.
The department may adopt rules to carry out the provisions of this chapter and safety standards for all coal mines in this state.
History: En. 50-412.1 by Sec. 8, Ch. 267, L. 1974; R.C.M. 1947, 50-412.1; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 1. General Provisions › 50-73-104. Injunction and other civil relief authorized

50-73-104. Injunction and other civil relief authorized.
A civil action for preventive relief, including but not limited to an application for a permanent or temporary injunction, restraining order, or other appropriate order, may be instituted by the department in the district court for the county in which the mine in question is located or in which the mine operator has its principal office when an operator:
(1) violates or fails or refuses to comply with an order, rule, or standard adopted under this chapter;
(2) interferes with, hinders, or delays the department or its authorized representatives in carrying out any duties under this chapter;
(3) refuses to admit an authorized representative of the department to a mine which is subject to this chapter;
(4) refuses to permit the inspection or investigation of a mine or an accident, injury, or occupational disease occurring in or connected with a mine; or
(5) refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter.
History: En. Sec. 50-481 by Sec. 32, Ch. 267, L. 1974; R.C.M. 1947, 50-481(1); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 1. General Provisions › 50-73-105. Violations a misdemeanor

50-73-105. Violations a misdemeanor.
(1) A person who knowingly:
(a) violates or fails or refuses to comply with an order, rule, or standard adopted under this chapter;
(b) interferes with, hinders, or delays the department or its authorized representatives in carrying out any duties under this chapter;
(c) refuses to admit an authorized representative of the department to a mine;
(d) refuses to permit the inspection or investigation of a mine or an accident, injury, or occupational disease occurring in or connected with a mine; or
(e) refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter is guilty of a misdemeanor and shall be punished for each offense by a fine of not less than $100 or more than $3,000, by imprisonment in the county jail not exceeding 6 months, or both.
(2) In an instance in which the offense is committed by a corporation, an officer or authorized representative of the corporation who knowingly permits the offense to be committed is subject to the same fine or imprisonment, or both.
History: En. Sec. 50-481 by Sec. 32, Ch. 267, L. 1974; R.C.M. 1947, 50-481(2); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 1. General Provisions › 50-73-106. Mine safety training -- recovery of expenses

50-73-106. Mine safety training -- recovery of expenses.
(1) The department may conduct mine safety training for mine operators, miners, and other persons working in and around mines.
(2) When providing mine safety training, the department shall schedule the training in a cost-effective manner, while taking into account the needs of training participants and the mining industry.
(3) The department shall provide mine safety training without charge for instruction, but the department may recover reasonable expenses incurred in producing materials distributed to participants.
History: En. Sec. 1, Ch. 60, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 1. General Provisions › 50-73-107. Safety and industrial health consultation services authorized -- recovery of expenses

50-73-107. Safety and industrial health consultation services authorized -- recovery of expenses.
(1) The department may provide onsite safety and industrial health consultation services to mine operators that request onsite safety and industrial health consultation services.
(2) The department may not charge for the consultation provided by this section, but it may recover from the mine operator the cost of test kits, sampling media, associated laboratory fees, and other reasonable expenses incurred during the consultation.
(3) Expenses recovered pursuant to subsection (2) must be deposited into the occupational safety and health administration fund provided for in 50-71-128.
History: En. Sec. 2, Ch. 60, L. 2013; amd. Sec. 7, Ch. 365, L. 2015.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-201. Operator to make map of coal mine

50-73-201. Operator to make map of coal mine.
Every operator of every coal mine in this state shall make or cause to be made an accurate map or plan of the mines, drawn to a scale of not less than 200 feet to 1 inch and as much larger as practicable, on which shall appear the name of the state, county, and township in which the mine is located, the designation of the mine, the name of the company or owner, the certificate of the certified engineer or surveyor as to the accuracy and date of the survey, the north point, and the scale to which the drawing is made.
History: En. Sec. 37, Ch. 120, L. 1911; re-en. Sec. 3479, R.C.M. 1921; re-en. Sec. 3479, R.C.M. 1935; amd. Sec. 9, Ch. 267, L. 1974; R.C.M. 1947, 50-428.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-202. Map of the surface

50-73-202. Map of the surface.
Every map or plan or, at the option of the operator, a separate map shall show the surface boundary lines contiguous to the workings and pertaining to each mine, all section or quarter-section lines and corners, town lots and streets, the tracts and side tracts of all railroads, the location of all wagon roads, rivers, streams, ponds, buildings, landmarks, and principal objects on the surface within the boundary lines; and in all cases, if of an underground mine, it shall be drawn on a transparency so that it can be laid upon the map of the underground workings and indicate the relative location of the lines and objects on the surface to the excavations of the mine.
History: En. Sec. 40, Ch. 120, L. 1911; re-en. Sec. 3482, R.C.M. 1921; re-en. Sec. 3482, R.C.M. 1935; amd. Sec. 12, Ch. 267, L. 1974; R.C.M. 1947, 50-431.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-203. Map of underground working

50-73-203. Map of underground working.
For the underground working, the map shall show all power distribution and ventilation in mines and all shafts, slopes, tunnels, or other openings to the surface or to the workings of a contiguous mine; all excavations, entries, rooms, and crosscuts; the rise or dip of the seam from the bottom of the shaft, mouth of drift, or slope in either direction to the face of the workings; the location of the fan; the location of the permanent pumps, hauling engines, engine-planes, and fire walls; the location of any standing water which might prove a menace to life or danger to property from flood; and the line of any contiguous surface outcrop of the seam.
History: En. Sec. 38, Ch. 120, L. 1911; re-en. Sec. 3480, R.C.M. 1921; re-en. Sec. 3480, R.C.M. 1935; amd. Sec. 13, Ch. 185, L. 1949; amd. Sec. 10, Ch. 267, L. 1974; amd. Sec. 7, Ch. 39, L. 1977; R.C.M. 1947, 50-429.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-204. Map for every seam

50-73-204. Map for every seam.
A separate and similar map for all active mining areas drawn to the same scale in all cases shall be made of every seam which shall be worked in any mine, and the maps of all seams shall show all shafts, drifts, tunnels, incline planes, or other passageways connecting them.
History: En. Sec. 39, Ch. 120, L. 1911; re-en. Sec. 3481, R.C.M. 1921; re-en. Sec. 3481, R.C.M. 1935; amd. Sec. 11, Ch. 267, L. 1974; R.C.M. 1947, 50-430.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-205. Copies of maps for department

50-73-205. Copies of maps for department.
The original or true copies of all maps must be kept in the office at the mine, and true copies must also be furnished to the department upon request. The maps delivered to the department become the property of the state. The maps must be kept at the office of the department and are open to inspection by all persons interested in them. An examination may only be made in the presence of a department inspector, and the inspector may not permit any copies of the maps to be made without the written consent of the operator or owner of the property, under penalty of removal from office.
History: En. Sec. 41, Ch. 120, L. 1911; re-en. Sec. 3483, R.C.M. 1921; re-en. Sec. 3483, R.C.M. 1935; amd. Sec. 13, Ch. 267, L. 1974; R.C.M. 1947, 50-432; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1877, Ch. 56, L. 2009; amd. Sec. 4, Ch. 51, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-206. Maps to be updated on basis of semiannual surveys

50-73-206. Maps to be updated on basis of semiannual surveys.
An extension of the last preceding survey of every mine in active operation shall be made once every 6 months, and the result of the survey, with the date, must be promptly and accurately entered upon the original maps to show all changes in plan or new work in the mine and all extensions of the workings to the most advanced boundary of the workings that have been made since the preceding survey.
History: En. Sec. 42, Ch. 120, L. 1911; re-en. Sec. 3484, R.C.M. 1921; re-en. Sec. 3484, R.C.M. 1935; amd. Sec. 14, Ch. 185, L. 1949; amd. Sec. 14, Ch. 267, L. 1974; R.C.M. 1947, 50-433(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 5, Ch. 51, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-207. Annual surveys in mines having only five people on shift

50-73-207. Annual surveys in mines having only five people on shift.
The department shall require an extension of the last preceding survey once every 12 months of every mine in active operation in which five people or less are employed on any one shift.
History: En. Sec. 42, Ch. 120, L. 1911; re-en. Sec. 3484, R.C.M. 1921; re-en. Sec. 3484, R.C.M. 1935; amd. Sec. 14, Ch. 185, L. 1949; amd. Sec. 14, Ch. 267, L. 1974; R.C.M. 1947, 50-433(2); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1878, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-208. Final survey and map update when mine abandoned or worked out

50-73-208. Final survey and map update when mine abandoned or worked out.
(1) When a coal mine is worked out, is about to be abandoned, or indefinitely closed, the operator shall make or cause to be made a final survey of all available parts of the mine, and the results shall be duly extended on all maps and copies of the mine to show all excavations and the most advanced workings of the mine and their exact relations to the boundary or section lines on the surface.
(2) The department may order a survey to be made of the workings of a mine which is about to be abandoned or of which it has reason to believe the maps are inaccurate whenever in its judgment the safety of the workers, the support of the surface, the conservation of the property, or the safety of an adjoining mine requires it. The survey shall be at the expense of the state.
History: En. Sec. 43, Ch. 120, L. 1911; re-en. Sec. 3485, R.C.M. 1921; re-en. Sec. 3485, R.C.M. 1935; amd. Sec. 15, Ch. 267, L. 1974; R.C.M. 1947, 50-434; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-209. Procedure when operator fails to furnish or update map

50-73-209. Procedure when operator fails to furnish or update map.
When the operator of a mine neglects or refuses or fails to respond to the department's request for a copy of a map or an updated map for any cause considered unsatisfactory by the department, the department may make or cause to be made an accurate map or plan of the mine at the expense of the owner or lessee, and the cost may be recovered from the owner, lessee, or operator in the same manner as other debts by suit in the name of the state.
History: En. Sec. 42, Ch. 120, L. 1911; re-en. Sec. 3484, R.C.M. 1921; re-en. Sec. 3484, R.C.M. 1935; amd. Sec. 14, Ch. 185, L. 1949; amd. Sec. 14, Ch. 267, L. 1974; R.C.M. 1947, 50-433(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 6, Ch. 51, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 2. Maps, Surveys, and Boundary Lines › 50-73-210. Restrictions as to boundary lines

50-73-210. Restrictions as to boundary lines.
In no case shall the workings of a coal mine be driven nearer than 50 feet to the boundary line of the coal rights pertaining to the mine, except for the purpose of establishing connecting workings between properties owned by the same person or an underground communication between contiguous mines as provided for elsewhere in rules adopted by the department.
History: En. 50-434.1 by Sec. 16, Ch. 267, L. 1974; R.C.M. 1947, 50-434.1; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 3. Duties of Operator and Employees in Mine Operation › 50-73-301. Operator to report amount of coal produced

50-73-301. Operator to report amount of coal produced.
Within 15 days after the close of each calendar month, the operator of a coal mine shall report to the department the tons of coal produced each day during the preceding month.
History: En. 50-477 by Sec. 20, Ch. 267, L. 1974; R.C.M. 1947, 50-477(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 3. Duties of Operator and Employees in Mine Operation › 50-73-302. Hoisting -- licensing of hoisting engineers

50-73-302. Hoisting -- licensing of hoisting engineers.
Hoisting of personnel and licensing of hoisting engineers shall be performed in mines under the provisions of the law and rules and standards adopted by the department.
History: En. 50-479 by Sec. 22, Ch. 267, L. 1974; R.C.M. 1947, 50-479; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 3. Duties of Operator and Employees in Mine Operation › 50-73-303. Nonpermissible internal-combustion engines

50-73-303. Nonpermissible internal-combustion engines.
Nonpermissible internal-combustion engines or other machinery which gives off noxious fumes may not be permitted underground in any coal mine.
History: En. 50-567.1 by Sec. 17, Ch. 267, L. 1974; R.C.M. 1947, 50-467.1.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 3. Duties of Operator and Employees in Mine Operation › 50-73-304. Owner to provide and maintain airways

50-73-304. Owner to provide and maintain airways.
The owner, lessee, or operator of every coal mine shall provide and maintain airways of sufficient dimensions, and in no case shall the area of the aircourse be less than 25 square feet in mines operated in any underground system.
History: En. Sec. 69, Ch. 120, L. 1911; re-en. Sec. 3511, R.C.M. 1921; re-en. Sec. 3511, R.C.M. 1935; amd. Sec. 18, Ch. 267, L. 1974; R.C.M. 1947, 50-468.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 3. Duties of Operator and Employees in Mine Operation › 50-73-305. Specific prohibitions and safety precautions

50-73-305. Specific prohibitions and safety precautions.
(1) A person may not enter a mine that is generating firedamp in great enough quantities to be detected by a safety lamp until the mine examiners make a report to the department.
(2) A person, unless accompanied by the mine examiner, may not go beyond a danger signal until all standing gas discovered has been removed or diluted and rendered harmless by a current of air. A person ordered to withdraw by the mine supervisor or mine examiner from the mine on account of the interruption of the ventilation may not reenter the mine until given permission to do so by the mine supervisor.
(3) A person other than the mine examiner may not remove any caution board or danger signal placed at the entrance to any working place or at the entrance to any old workings in a mine.
(4) A person may not erase or change a mark of reference or monument made in connection with a measurement, change marks or dates on any caution board, erase or change the dates at room or entry face when made by the mine examiner, take for the person's use a life check not issued to the person under rules adopted by the department, change the checks on cars, wrongfully check a car, or do any act with intent to defraud.
(5) A person may not take anything containing fire into an underground mine, except as provided for in rules adopted by the department.
(6) A person may not place refuse in or obstruct an airway or breakthrough used as an airway. A worker or other person may not damage or alter a water gauge, barometer, aircourse, brattice equipment, machinery, or livestock, obstruct or throw open any airway, handle or disturb any part of the machinery of the hoisting engine of a mine, open a door of a mine and neglect to close it, endanger the miners or those working in the mine, disobey an order given in pursuance of law, or do a willful act endangering the lives or health of persons working there or the security of a mine or machinery.
History: En. 50-476 by Sec. 19, Ch. 267, L. 1974; amd. Sec. 8, Ch. 39, L. 1977; R.C.M. 1947, 50-476; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1879, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 3. Duties of Operator and Employees in Mine Operation › 50-73-306. Operator to give notice of happening of certain occurrences

50-73-306. Operator to give notice of happening of certain occurrences.
Immediate notice must be conveyed to the department by the operator interested:
(1) when an accident occurs whereby a person receives serious or fatal injury;
(2) when work is commenced to sink a shaft, slope, or drift either for hoisting or escape purposes;
(3) when there is intent to abandon a mine or to reopen an abandoned mine;
(4) upon the appearance of a large body of firedamp in a mine, whether accompanied by explosion or not, and upon the occurrence of a serious fire within the mine or on the surface around the mine;
(5) when the workings of a mine are approaching near an abandoned mine believed to contain accumulation of water or gas; or
(6) upon the accidental closing or intended abandonment of a regularly established passageway to an escape outlet.
History: En. 50-477 by Sec. 20, Ch. 267, L. 1974; R.C.M. 1947, 50-477(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 3. Duties of Operator and Employees in Mine Operation › 50-73-307. Operator to make and preserve record of all injuries

50-73-307. Operator to make and preserve record of all injuries.
An operator of a coal mine or the operator's agent shall make and preserve for the information of the department, upon uniform blanks furnished by the department, a record of all injuries sustained by any employees on the premises.
History: En. 50-478 by Sec. 21, Ch. 267, L. 1974; R.C.M. 1947, 50-478(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1880, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 3. Duties of Operator and Employees in Mine Operation › 50-73-308. Operator to notify miners' organization of mine fatality

50-73-308. Operator to notify miners' organization of mine fatality.
The operator shall, upon being notified of a fatality in a coal mine, relay that information promptly to the district office of the miners' organization.
History: En. 50-478 by Sec. 21, Ch. 267, L. 1974; R.C.M. 1947, 50-478(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-401. Coal mine inspector

50-73-401. Coal mine inspector.
(1) The department shall employ an adequate number of qualified coal mine inspectors for the enforcement of this chapter and shall prescribe their duties.
(2) A person is not eligible to be a state coal mine inspector unless the person is a citizen of the United States, is a resident of this state, and has been actually employed in coal mining for 5 years before the appointment.
(3) A state coal mine inspector may not act as the agent for a corporation, superintendent, or manager of a mine and may not be in the employ of mining companies or interested in any way in coal mining operations, either as owner, lessee, or otherwise.
History: (1)En. Sec. 2, Ch. 120, L. 1911; amd. Sec. 1, Ch. 20, L. 1921; re-en. Sec. 3448, R.C.M. 1921; re-en. Sec. 3448, R.C.M. 1935; amd. Sec. 3, Ch. 267, L. 1974; Sec. 50-402, R.C.M. 1947; (2)En. Sec. 3, Ch. 120, L. 1911; re-en. Sec. 3449, R.C.M. 1921; re-en. Sec. 3449, R.C.M. 1935; amd. Sec. 1, Ch. 185, L. 1949; amd. Sec. 4, Ch. 267, L. 1974; Sec. 50-403, R.C.M. 1947; (3)En. Sec. 6, Ch. 120, L. 1911; re-en. Sec. 3451, R.C.M. 1921; re-en. Sec. 3451, R.C.M. 1935; amd. Sec. 6, Ch. 267, L. 1974; Sec. 50-405, R.C.M. 1947; R.C.M. 1947, 50-402, 50-403, 50-405; amd. Sec. 1, Ch. 639, L. 1983; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1881, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-402. Department authorized to enter and inspect coal mines

50-73-402. Department authorized to enter and inspect coal mines.
(1) The department may enter, inspect, and examine any coal mine or any shaft, drift, or slope in the process of sinking for the purpose of mining coal in this state and the workings and the machinery belonging to the coal mine at all reasonable times either by day or night. The department's entry, inspection, or examination under this subsection may not impede or obstruct the workings of the mine.
(2) The department may at any time perform inspections and investigations that the department considers necessary in surface and underground mines subject to this chapter:
(a) to obtain, use, and disseminate information relating to health and safety conditions in the mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating in the mine; and
(b) to determine compliance with a health and safety standard or order issued under this chapter.
(3) The department may enter, upon or through, any mine subject to this chapter to conduct an inspection or investigation.
(4) The department shall prepare a written report for every inspection or investigation conducted under 50-73-406 and this section, noting the time and the material circumstances of the inspection or investigation.
History: (1)En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; Sec. 50-404, R.C.M. 1947; (2), (3)En. 50-480, 50-480.1 by Secs. 23, 24, Ch. 267, L. 1974; Secs. 50-480, 50-480.1, R.C.M. 1947; R.C.M. 1947, 50-404(1), 50-480, 50-480.1; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 19, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-403. Department to give notice of inspection to be made on complaint

50-73-403. Department to give notice of inspection to be made on complaint.
If the department has in its possession any complaint to the effect that this chapter is being violated, it shall notify the employer and the employees that it is about to make an inspection.
History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-404. Right of employees' representative and mine owner to accompany department during inspection

50-73-404. Right of employees' representative and mine owner to accompany department during inspection.
The employees' representative has the right to accompany the department in making an official mine inspection. The owner or operator has the right to personally accompany the department while inspecting the owner's or operator's property or to designate someone to accompany the department.
History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1882, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-405. Mine owner to furnish means necessary for inspection

50-73-405. Mine owner to furnish means necessary for inspection.
The owner, lessee, operator, superintendent, or mining boss of the mine is required to furnish the means necessary for the entry, inspection, examination, inquiry, and exit.
History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-406. Minimum inspection intervals

50-73-406. Minimum inspection intervals.
The department shall carefully examine all the coal mines in operation in this state at least semiannually and more often if necessary to see that every precaution is taken to ensure the safety of all workers that may be working in the coal mine.
History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 20, Ch. 27, L. 2009; amd. Sec. 3, Ch. 60, L. 2013.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-407. Department to give notice of violations and penalties therefor

50-73-407. Department to give notice of violations and penalties therefor.
The department shall immediately notify the owner, lessee, superintendent, or mining boss of the discovery of any violation of the mining laws of this state and the penalty thereby imposed for those violations.
History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-408. Procedure when notice of violations disregarded

50-73-408. Procedure when notice of violations disregarded.
(1) If the notice provided for in 50-73-407 is disregarded, the department may stop immediately the working and operation of any mine or any part thereof where any dangerous or unlawful conditions are found.
(2) However, where conditions justify the department in so doing, it may grant a reasonable length of time for making repairs or for putting the mine in proper condition, but the number of workers employed in the mine or in the section of the mine involved shall be limited to those necessary to correct the unsafe condition.
(3) Where any stops or cessation of work is enforced, the department may thereafter allow the mine or part of a mine to be reopened when the dangerous or unlawful conditions existing there are removed or remedied so that they no longer exist.
History: En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; R.C.M. 1947, 50-404(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-409. Operator to post statement of conditions

50-73-409. Operator to post statement of conditions.
(1) The operator shall post the department's written inspection report at each mine visited and inspected by the department.
(2) The written inspection report, signed by the department inspector, must include the date of inspection and be posted in one or more conspicuous locations and remain posted until replaced by a subsequent inspection report. For the purposes of this subsection, a conspicuous location is one where the written inspection report:
(a) is likely to be seen by the mine workers; and
(b) is available to be read by any interested mine worker.
(3) The operator shall promptly provide a copy of the written inspection report to each exclusive representative of mine workers who are or may be affected by the conditions in the written inspection report.
(4) The operator shall also post a notice at the landing used by the workers stating what number of workers may be permitted to ride on the cage or car at one time.
History: En. Sec. 8, Ch. 120, L. 1911; re-en. Sec. 3453, R.C.M. 1921; re-en. Sec. 3453, R.C.M. 1935; amd. Sec. 3, Ch. 38, L. 1945; amd. Sec. 3, Ch. 185, L. 1949; amd. Sec. 7, Ch. 267, L. 1974; R.C.M. 1947, 50-407; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 21, Ch. 27, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-410. Department inspection upon advisement of accident, injury, or fatality

50-73-410. Department inspection upon advisement of accident, injury, or fatality.
(1) When advised by an operator of any accident in a coal mine involving loss of life or serious personal injury, the department shall, if it considers it necessary from the facts reported and in all cases of loss of life, immediately have an inspector go to the scene of the accident within 48 hours of notification.
(2) The department may also make any original or supplementary investigation that it considers necessary as to the nature and cause of an accident and shall make a record of the circumstances and of the result of the investigations for its files.
(3) The inspection team must include a department coal mine inspector, the employer or the employer's designee, and a representative of the employees.
History: En. 50-478 by Sec. 21, Ch. 267, L. 1974; R.C.M. 1947, 50-478(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1883, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-411. Miners' organization authorized to investigate fatal accident

50-73-411. Miners' organization authorized to investigate fatal accident.
The representative of the miners' organization or some person delegated by the representative may enter any coal mine for the purpose of investigating the causes of a fatal accident.
History: En. 50-478 by Sec. 21, Ch. 267, L. 1974; R.C.M. 1947, 50-478(part); amd. Sec. 1884, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-412. Debarment of persons from mine when death or serious injury likely

50-73-412. Debarment of persons from mine when death or serious injury likely.
If, upon an inspection of a mine, the department finds that the conditions or practices in the mine create a danger that could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated, the department shall determine the extent of the area of the mine throughout which the danger exists and order the operator of the mine to have all persons withdrawn from and excluded from entering the area, except the persons whose presence in the area is necessary to eliminate the danger described in the order as follows:
(1) a person whose presence in the area is necessary in the judgment of the operator of the mine to eliminate the danger;
(2) a public official whose official duties require the official to enter the area;
(3) a legal or technical consultant or a representative of the employees of the mine who is a person qualified to make mine examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions in the area.
History: En. 50-480.2 by Sec. 25, Ch. 267, L. 1974; R.C.M. 1947, 50-480.2; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1885, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-413. Procedure when noncompliance not likely to cause death or serious injury

50-73-413. Procedure when noncompliance not likely to cause death or serious injury.
If upon an inspection or investigation the department finds that there has been a failure to comply with a mandatory standard that is applicable to the mine, but that the failure to comply has not created a danger that could reasonably be expected to cause death or serious physical harm in the mine immediately or before the threat of the danger can be eliminated, it shall determine what would be a reasonable period of time within which the violation should be totally abated and issue a notice fixing a reasonable time for the abatement of the violation. If, upon the expiration of the period of time as originally fixed or extended, the department finds that the violation has not been totally abated and if it also finds that the period of time should not be further extended, it shall also find the extent of the area that is affected by the violation. The department shall order the operator of the mine to have all persons in the area to be withdrawn from and excluded from entering the area, excepting the following persons whose presence in the area is necessary to abate the violation described in the order:
(1) a person whose presence in the area is necessary in the judgment of the operator of the mine to abate the violation;
(2) a public official whose official duties require the official to enter the area;
(3) a legal or technical consultant or a representative of the employees of the mine who is a person qualified to make examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions in the area.
History: En. 50-480.3 by Sec. 26, Ch. 267, L. 1974; R.C.M. 1947, 50-480.3; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1886, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-414. Requirements as to findings, notices, and orders

50-73-414. Requirements as to findings, notices, and orders.
(1) Findings and orders issued under this chapter shall contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of a mandatory standard and a description of the area of the mine throughout which persons must be withdrawn and excluded.
(2) Each finding made and notice or order issued by the department shall be given promptly to the operator of the mine to which it pertains, and all the findings, orders, and notices shall be in writing and shall be signed by the department inspector making them.
History: En. 50-484.4 by Sec. 27, Ch. 267, L. 1974; R.C.M. 1947, 50-480.4(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-415. Notice or order subject to amendment, cancellation, or revision

50-73-415. Notice or order subject to amendment, cancellation, or revision.
A notice or order issued by the department under this chapter may be amended, canceled, or revised by the department.
History: En. 50-484.4 by Sec. 27, Ch. 267, L. 1974; R.C.M. 1947, 50-480.4(part); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-416. Order subject to review

50-73-416. Order subject to review.
The order of the department shall remain in effect but shall immediately be subject to review as provided in this chapter.
History: En. 50-480.5 by Sec. 28, Ch. 267, L. 1974; R.C.M. 1947, 50-480.5; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-417. Right to hearing

50-73-417. Right to hearing.
(1) An operator notified of an order made under 50-73-412 may apply to the department for a hearing, revision, or amendment of the order. When the department after a hearing upon complaint or upon its own motion finds that danger throughout the area of the mine as set out in the order existed at the time of making the inspection, it shall make an order denying a revision or amendment. However, if it finds that the danger did not exist throughout the area of the mine, it shall make an order consistent with its findings, revising or amending the order under review.
(2) An operator notified of an order made under 50-73-413, as amended, may apply to the department for a hearing or revision of the order. If the department finds that there was no violation, it shall make an order rescinding the order under review. If the department finds that there was a violation but the violation has since been abated, it shall make an order rescinding the order under review. If the department finds that the violation was not totally abated, it shall make an order consistent with its findings.
History: (1)En. 50-480.6 by Sec. 29, Ch. 267, L. 1974; Sec. 50-480.6, R.C.M. 1947; (2)En. 50-480.7 by Sec. 30, Ch. 267, L. 1974; amd. Sec. 9, Ch. 39, L. 1977; amd. Sec. 5, Ch. 187, L. 1977; Sec. 50-480.7, R.C.M. 1947; R.C.M. 1947, 50-480.6, 50-480.7; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 73. Safety in Coal Mines › Part 4. Inspections, Investigations, and Compliance › 50-73-418. Actions or decisions under chapter to be taken as rapidly as possible

50-73-418. Actions or decisions under chapter to be taken as rapidly as possible.
In view of the urgent need for prompt decisions of matters submitted to the department under this chapter, all actions which the department is required to take under this chapter shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved.
History: En. 50-480.8 by Sec. 31, Ch. 267, L. 1974; R.C.M. 1947, 50-480.8; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 74. Boilers and Steam Engines › Part 1. General Provisions › 50-74-101. Definition -- department to formulate rules

50-74-101. Definition -- department to formulate rules.
(1) As used in this chapter, the term "department" means the department of labor and industry.
(2) The department shall adopt definitions and rules for the safe construction, installation, operation, inspection, and repair of equipment covered by this chapter. The definitions and rules must follow generally accepted nationwide engineering standards as published by the American society of mechanical engineers.
History: En. Sec. 550, Pol. C. 1895; re-en. Sec. 1639, Rev. C. 1907; amd. Sec. 1, Ch. 30, L. 1913; amd. Sec. 1, Ch. 12, L. 1921; re-en. Sec. 2712, R.C.M. 1921; re-en. Sec. 2712, R.C.M. 1935; amd. Sec. 1, Ch. 77, L. 1967; amd. Sec. 1, Ch. 225, L. 1971; amd. Sec. 25, Ch. 182, L. 1975; amd. Sec. 1, Ch. 152, L. 1977; R.C.M. 1947, 69-1501(1); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 12, Ch. 514, L. 1995; amd. Sec. 185, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 74. Boilers and Steam Engines › Part 1. General Provisions › 50-74-102. Boilers to conform to rules

50-74-102. Boilers to conform to rules.
No boiler which does not conform to the rules adopted by the department governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules under this chapter pertaining to new construction and installation shall have become effective unless the boiler is of special design or construction, is not covered by the rules, or is in any way inconsistent with such rules, in which case a special installation and operating permit may be granted by the department at its discretion.
History: En. Sec. 554, Pol. C. 1895; re-en. Sec. 1643, Rev. C. 1907; amd. Sec. 5, Ch. 30, L. 1913; amd. Sec. 1, Ch. 32, L. 1919, re-en. Sec. 2714, R.C.M. 1921; re-en. Sec. 2714, R.C.M. 1935; amd. Sec. 2, Ch. 77, L. 1967; amd. Sec. 3, Ch. 225, L. 1971; amd. Sec. 26, Ch. 182, L. 1975; R.C.M. 1947, 69-1503(3); amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 74. Boilers and Steam Engines › Part 1. General Provisions › 50-74-103. Boilers exempted

50-74-103. Boilers exempted.
(1) This chapter does not apply to boilers under federal control.
(2) The provisions of this chapter requiring inspections, inspection fees, and certificates do not apply to:
(a) steam heating boilers operated at not over 15 pounds per square inch gauge pressure in private residences or apartments of six or less families or to hot water heating or supply boilers operated at not over 50 pounds per square inch gauge pressure and temperatures not over 250 degrees F when in private residences or apartments of six or less families; and
(b) boilers constructed or maintained only as a hobby for exhibition, educational, or historical purposes and not for commercial use if the boilers have an inside diameter of 12 inches or less or a grate area of 2 square feet or less and are equipped with a safety valve, a water level indicator, and a pressure gauge.
(3) Persons operating any of the engines or boilers exempted from the operation of this chapter may not be required to procure a license from the department.
History: En. Sec. 5, Ch. 32, L. 1905; re-en. Sec. 1655, Rev. C. 1907; amd. Sec. 13, Ch. 30, L. 1913; amd. Sec. 4, Ch. 32, L. 1919; re-en. Sec. 2726, R.C.M. 1921; amd. Sec. 1, Ch. 140, L. 1923; re-en. Sec. 2726, R.C.M. 1935; amd. Sec. 4, Ch. 77, L. 1967; amd. Sec. 14, Ch. 225, L. 1971; amd. Sec. 33, Ch. 182, L. 1975; R.C.M. 1947, 69-1515(part); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1, Ch. 322, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 74. Boilers and Steam Engines › Part 1. General Provisions › 50-74-104. Dinkey engines to be classed as traction engines

50-74-104. Dinkey engines to be classed as traction engines.
Locomotives, commonly known as dinkey engines, used in operating logging or mining railroads or any similar work where such locomotives are owned, leased, or operated by any individual, company, or corporation and are used in the business of such individual, company, or corporation and not for general commercial purposes shall be classed as traction engines and be subject to inspection as are other traction engines, and the persons operating or firing such dinkey locomotives shall be required to hold traction licenses.
History: En. Sec. 5, Ch. 32, L. 1905; re-en. Sec. 1655, Rev. C. 1907; amd. Sec. 13, Ch. 30, L. 1913; amd. Sec. 4, Ch. 32, L. 1919; re-en. Sec. 2726, R.C.M. 1921; amd. Sec. 1, Ch. 140, L. 1923; re-en. Sec. 2726, R.C.M. 1935; amd. Sec. 4, Ch. 77, L. 1967; amd. Sec. 14, Ch. 225, L. 1971; amd. Sec. 33, Ch. 182, L. 1975; R.C.M. 1947, 69-1515(part).