9 chapters · 202 sections in this title.
W.S. § 30-2-101 (a) Definitions
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(a) Definitions. As used in this act: (i) "Approved" means any device or practice approved by the inspector; (ii) "Council" means the state mining council which is within the department of workforce services; (iii) "Coal mine" means any mine from which coal is produced for sale, …
W.S. § 30-2-102 Minimum standards
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Minimum standards. This act and the rules and regulations adopted under it constitute the body of standards for mining operations in this state. The laws, rules and regulations are intended to constitute minimum standards recognized as necessary for the protection of the public i…
W.S. § 30-2-103 General penalty
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General penalty. Any person who willfully and knowingly violates any provision of this act or rules and regulations adopted under it for which another penalty has not been specifically provided is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty d…
W.S. § 30-2-104 Restrictions upon visitation
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Restrictions upon visitation. (a) No person shall enter or remain in any mine, excavation, pit, quarry, mill, or processing plant unless authorized by the owner or operator or by law. (b) No person other than the owner and operator, his employees and agents, and inspectors shall …
W.S. § 30-2-105 Alcohol or controlled substances and intoxication by either prohibited
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Alcohol or controlled substances and intoxication by either prohibited. No alcohol or a controlled substance as defined in W.S. 35-7-1014 through 35-7-1022 except a controlled substance in schedule V not requiring a prescription or as prescribed by W.S. 35-7-1030 shall be taken i…
W.S. § 30-2-106 Action for damages; injury to person or property; loss of life; exception
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Action for damages; injury to person or property; loss of life; exception. For any injury to person or property occasioned by a violation of or a willful failure to comply with this act, a right of action against the party at fault shall accrue to the party injured for the direct…
W.S. § 30-2-107 (a) Prohibited acts generally
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(a) Prohibited acts generally. No person shall intentionally: (i) Injure any shaft, lamp, instrument, air course or (ii) Obstruct or throw open airways; brattice; (iii) Carry any pipe, cigar or cigarette, match or fire-producing material or appliance into places worked by safety …
W.S. § 30-2-108 Bathhouses; when required; specifications; requirements as to use; penalty for failure to provide
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Bathhouses; when required; specifications; requirements as to use; penalty for failure to provide. (a) A mine owner or operator employing twenty (20) or more miners at any one (1) mine shall provide and maintain in a clean and sanitary condition a bathhouse for the use of the emp…
W.S. § 30-2-201 Appointment and qualifications of inspector and deputy inspectors; terms of office; removal; bond coverage; to devote full time to duties
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Appointment and qualifications of inspector and deputy inspectors; terms of office; removal; bond coverage; to devote full time to duties. (a) There is created the office of the inspector of mines within the department of workforce services. The inspector of mines shall be appoin…
W.S. § 30-2-202 inspectors
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inspectors. (a) Duties of inspector; duties of deputy The inspector shall: (i) At reasonable times, day or night, without impeding or obstructing work, enter, inspect and examine any mining operation in development, construction or operation, including the workings and the machin…
W.S. § 30-2-203 Arbitrary action prohibited; information confidential; exception; interest in mining operations prohibited; discharge for violation of section; additional penalty
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Arbitrary action prohibited; information confidential; exception; interest in mining operations prohibited; discharge for violation of section; additional penalty. Neither the inspector nor any deputy inspector shall, in any of his functions, act arbitrarily or without just cause…
W.S. § 30-2-204 Police powers generally
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Police powers generally. The inspector and deputy inspectors shall have and exercise throughout the state all of the powers of peace officers with respect to the enforcement of this act.
W.S. § 30-2-205 Rules and regulations; uniform code of signals; penalty for false signals
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Rules and regulations; uniform code of signals; penalty for false signals. (a) The inspector shall under W.S. 16-3-101 through 16-3-115 promulgate rules and regulations to implement this act. Rules and regulations shall be promulgated under this act for all types of mines and min…
W.S. § 30-2-206 "Interested person" defined; filing of requests prerequisite to notice and information
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"Interested person" defined; filing of requests prerequisite to notice and information. A person is an interested person entitled to notice under this act of any action of the inspector including any action regarding rules or regulations if he files with the inspector a request f…
W.S. § 30-2-207 Access to mining operations, etc.; penalty for refusal of access or obstruction; enforcement by injunction; misrepresentation of facts or information to inspector; obstruction of inspector or deputy
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Access to mining operations, etc.; penalty for refusal of access or obstruction; enforcement by injunction; misrepresentation of facts or information to inspector; obstruction of inspector or deputy. (a) The inspector or his deputy has access to all mining operations for the purp…
W.S. § 30-2-208 Inspections; when held; duties of inspector or deputy; authority to clear unsafe mine or portion thereof
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Inspections; when held; duties of inspector or deputy; authority to clear unsafe mine or portion thereof. (a) The inspector or his deputy shall inspect each operating mine in the state: (i) At least once every six (6) months; (ii) If any danger to employees exists; (iii) If reque…
W.S. § 30-2-209 Inspections; reports; posting and distribution; interim reports
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Inspections; reports; posting and distribution; interim reports. (a) The person inspecting the mine shall make an accurate report covering each inspection showing: (i) The date of inspection; (ii) The condition in which the mine is found; (iii) The extent to which safety laws rel…
W.S. § 30-2-210 Notice of violation; correction of condition constituting violation required; penalty upon failure to comply; continuing violations; authority to close operations; right of appeal
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Notice of violation; correction of condition constituting violation required; penalty upon failure to comply; continuing violations; authority to close operations; right of appeal. (a) If the inspector or his deputy finds a violation of this act or rules or regulations adopted un…
W.S. § 30-2-211 generally
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generally. Accident investigation; rescue; reports; (a) The inspector or his deputy shall proceed immediately to the scene of any mine accident causing loss of life or serious personal injury, any mine fire or any mine explosion, investigate, make recommendations, assist as he de…
W.S. § 30-2-212 Accident investigation; fatal accidents; procedure; coroner's inquest; notification of inquest
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Accident investigation; fatal accidents; procedure; coroner's inquest; notification of inquest. (a) The inspector, or his deputy when authorized, shall investigate all fatal accidents occurring in connection with mining operations. In his investigation he may compel the attendanc…
W.S. § 30-2-213 Judicial review of decision of inspector; procedure; payment of costs assessed against inspector; appeal
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Judicial review of decision of inspector; procedure; payment of costs assessed against inspector; appeal. (a) Any person aggrieved or adversely affected in fact by a decision of the inspector is entitled to judicial review of the decision in the district court for the county in w…
W.S. § 30-2-301 Board of mines renamed mining council; created; composition; qualifications, appointment and term of members; removal; officers; rules; quorum; vacancies; compensation
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Board of mines renamed mining council; created; composition; qualifications, appointment and term of members; removal; officers; rules; quorum; vacancies; compensation. (a) There is created a state board of mines which is renamed the state mining council within the department of …
W.S. § 30-2-302 inspector
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inspector. State mining council to act in conjunction with The council shall act in conjunction with the inspector to improve safety, health, training, examinations and certification of miners in mining operations and mines, in the production and the processing of minerals, and i…
W.S. § 30-2-303 Regular and special meetings of mining council; record of proceedings
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Regular and special meetings of mining council; record of proceedings. Regular meetings of the council shall be quarterly at a place within this state determined by the council. Special meetings may be called at any time by the governor, by the president of the council or by the …
W.S. § 30-2-304 Repealed by Laws 1993, ch
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Repealed by Laws 1993, ch. 88, § 2.
W.S. § 30-2-305 Repealed by Laws 1993, ch
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Repealed by Laws 1993, ch. 88, § 2.
W.S. § 30-2-306 State mining council; examinations for certificates; duty as to examinations generally; meetings; notice of meetings
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State mining council; examinations for certificates; duty as to examinations generally; meetings; notice of meetings. The state mining council shall examine applicants for certification as mine foreman and mine examiner, and shall issue certificates of competency to qualified app…
W.S. § 30-2-307 State mining council; nature of examination generally; grading; record to be kept; public inspection of record; fees for examination and certificate; replacement
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State mining council; nature of examination generally; grading; record to be kept; public inspection of record; fees for examination and certificate; replacement. (a) The state mining council shall ascertain the experience, knowledge and understanding of each applicant for the po…
W.S. § 30-2-308 Mine foremen; when required; duties; mines to be supervised by certified personnel
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Mine foremen; when required; duties; mines to be supervised by certified personnel. Each underground mine with one (1) or more persons present underground shall be supervised by a certified mine foreman who shall ensure compliance with mining laws regarding his duties and the hea…
W.S. § 30-2-309 Mine foreman and mine examiner certificates; qualifications; certificate required; reciprocity; council duties
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Mine foreman and mine examiner certificates; qualifications; certificate required; reciprocity; council duties. (a) No person shall act as mine foreman or safety engineer at any underground mine unless he holds a mine foreman certificate for the type of mineral being mined. To ob…
W.S. § 30-2-310 Temporary permit; when permitted; expiration; subsequent examination required
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Temporary permit; when permitted; expiration; subsequent examination required. (a) The inspector, upon consent of the state mining council, may issue to an applicant a temporary permit to operate as a mine foreman or mine examiner without a certificate if the applicant meets the …
W.S. § 30-2-311 Revocation of certificate after notice and hearing; suspension; reexamination; revocation of certificate of inspector or deputy; filing of certificate
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Revocation of certificate after notice and hearing; suspension; reexamination; revocation of certificate of inspector or deputy; filing of certificate. (a) Any certificate issued by the council or temporary permit issued by the inspector may be suspended or revoked by the council…
W.S. § 30-2-312 Optional certifications of surface mine foremen and mine examiners; surface mine operators not required to employ
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Optional certifications of surface mine foremen and mine examiners; surface mine operators not required to employ. (a) The state mining council may certify a mine foreman, safety engineer or mine examiner desiring to work in a surface mine upon request by an applicant for the cer…
W.S. § 30-2-401 observance
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observance. Safety rules; posting; responsibility for All owners, operators and mine site contractors shall post in a conspicuous place and make available to all employees the rules and duties of safety governing their employment. Employees are responsible for the observance of a…
W.S. § 30-2-402 Annual report to inspector; contents
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Annual report to inspector; contents. The owner, operator or mine site contractor of any mining operation shall report annually to the inspector before January 31 of each year. The report shall contain the names of the owners, operators and mine site contractors, the post office …
W.S. § 30-2-403 Record of accidents to be kept; inspection of record; reports filed with inspector; report of serious accidents
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Record of accidents to be kept; inspection of record; reports filed with inspector; report of serious accidents. (a) The owner, operator or mine site contractor shall keep a record of all accidents occurring in connection with mining operations. The record shall be open to the in…
W.S. § 30-2-404 Notification of change in ownership, etc., of mining property
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Notification of change in ownership, etc., of mining property. The inspector shall be informed promptly of any change in the name, ownership or operator of any operating mining property.
W.S. § 30-2-405 (a) Notice as to commencement of operations
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(a) Notice as to commencement of operations. Repealed By Laws 2005, ch. 106, § 2. (b) The owner or operator of a mine shall notify the inspector whenever a new mine is opened, or whenever an existing mine is either closed or reopened. The notice shall be given immediately before …
W.S. § 30-2-406 leave
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leave. Barrier pillars required; penalty for failure to (a) The operator of every mine which has another coal or mineral property contiguous or immediately adjacent to it shall leave barrier pillars at least fifty (50) feet in width along the boundary line of the contiguous coal …
W.S. § 30-2-407 Abandonment or closing down of mine; procedures to be followed
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Abandonment or closing down of mine; procedures to be followed. (a) No owner or operator shall abandon or indefinitely close down any underground mine until the inspector performs a final inspection. (b) Upon abandonment or closing down of an underground mine, the owner or operat…
W.S. § 30-2-408 Maps of mines to be made; contents; semiannual revision; maintenance and filing
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Maps of mines to be made; contents; semiannual revision; maintenance and filing. (a) The owner or operator of each mine shall make an accurate map or plan of the mine and mine workings on a scale not exceeding two hundred (200) feet to the inch or as otherwise approved by the ins…
W.S. § 30-2-409 Survey and platting of underground workings by county surveyor; fees; notice to mine owner; hindering surveyor prohibited; penalty
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Survey and platting of underground workings by county surveyor; fees; notice to mine owner; hindering surveyor prohibited; penalty. (a) The county surveyor shall, upon the written request of an adjoining landowner, enter and make a complete, true and accurate survey and plat of t…
W.S. § 30-2-501 Blasting to be done by certified shot-firers or certified trona utility shot-firers; qualifications and examinations; issuance of certificate; revocation of certificate; requirements when work being d
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Blasting to be done by certified shot-firers or certified trona utility shot-firers; qualifications and examinations; issuance of certificate; revocation of certificate; requirements when work being done. (a) All blasting or shot-firing in mines, including charging and tamping of…
W.S. § 30-2-502 Shots missed or not fired; report; search to recover undetonated explosive
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Shots missed or not fired; report; search to recover undetonated explosive. (a) The shot-firer or trona utility shot-firer shall immediately after the completion of his work, report in writing to the proper official, any shots missed or not fired, their location and the reason th…
W.S. § 30-2-503 Prohibited acts
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Prohibited acts. (a) No person shall alter or change any drill hole after it has been approved by the shot-firer or the trona utility shot-firer. (b) No shot-firer or trona utility shot-firer, whether voluntarily or by command or request of any person, shall fire any unlawful sho…
W.S. § 30-2-601 Sale of explosives; date of manufacture to be marked; sale within 12 months of manufacture
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Sale of explosives; date of manufacture to be marked; sale within 12 months of manufacture. All nitroglycerine, powder or other high explosive sold in this state shall be properly marked with the date of manufacture on each stick of powder. No nitroglycerine, powder or other high…
W.S. § 30-2-602 Storage of flammable materials; smoking restricted; fire doors
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Storage of flammable materials; smoking restricted; fire doors. (a) Surface storage of oils, grease and other flammable materials shall be in a storage area located at a safe distance from the powder magazine. Flammable materials shall be removed from the storage area for use onl…
W.S. § 30-2-603 lamps
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lamps. Flammable liquids; flame safety and electric (a) Naphtha or other flammable liquids in lamp houses shall be kept in approved containers or other safe dispensers approved by the inspector. (b) Flame safety lamps shall be permissible and maintained in permissible condition. …
W.S. § 30-2-604 Requirements as to surface magazines; storage of explosives; explosion-proof illumination; use of nonmetallic tools
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Requirements as to surface magazines; storage of explosives; explosion-proof illumination; use of nonmetallic tools. (a) Separate surface magazines shall be provided for the storage of explosives and detonators. (b) Surface magazines for storing and distributing high explosives s…
W.S. § 30-2-605 Requirements as to underground magazines; use of nonmetallic tools
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Requirements as to underground magazines; use of nonmetallic tools. (a) Underground magazines shall be of substantial construction and placed in a crosscut or idle room neck at least twenty-five (25) feet from roadways or trolley wires and in a reasonably dry and well-rock-dusted…