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[Utah Code Table of Contents]
[TITLE 40. Table of Contents]
40-2-1.1 Rulemaking authority.
In accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, the Labor Commission may make rules necessary
to implement this chapter.
1997
40-2-14 Panel - Composition - Duties - Compensation - Commission to grant certificates.
(1) The commissioner of the Labor Commission shall appoint a panel composed of the commissioner or the commissioner's designee and at least eight other members with equal representation and participation from:
(a) coal mining management representatives; and
(b) hourly coal mining employee representatives.
(2) The panel members shall:
(a) have at least five years' experience in coal mining in this state;
(b) administer the certification test to those applicants referred to in Section 40-2-15 ;
(c) consult with the commission about applicant qualifications specified in Section 40-2-15 ;
(d) meet when directed by the commissioner or the commissioner's designee; and
(e) hold office at the pleasure of the commissioner.
(3) Panel members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(4) (a) The Labor Commission shall grant a certificate to each applicant referred to in Section 40-2-15 who passes the certification test administered by the panel and meets the qualifications specified in Section 40-2-15 .
(b) The Labor Commission may grant a certificate to an applicant involved in gilsonite or other hydrocarbon mining as provided by rule.
(c) The Labor Commission shall enact rules governing the
certification procedure, test, and qualifications for applicants
involved in gilsonite or other hydrocarbon mining.
2006
40-2-15 Certification requirements - Fees.
(1) The Labor Commission shall collect a fee for:
(a) certification tests; or
(b) sections of the test that must be retaken.
(2) The Labor Commission shall establish fees by following the procedures and requirements of Section 63-38-3.2 .
(3) An applicant who fails any section of the certification test may retake that section of the test.
(4) (a) An applicant who wishes to obtain a mine foreman certificate shall have at least four years varied underground coal mining experience, of which:
(i) two years' experience may be credited to a mining engineering graduate of an approved four-year college; or
(ii) one year's experience may be credited to a graduate of a two-year course in mining technology.
(b) (i) An applicant who wishes to obtain a surface foreman certificate shall have at least three years of varied surface experience.
(ii) The Labor Commission may grant a surface foreman certificate applicant credit for surface experience in any other industry that has substantially equivalent surface facilities.
(c) An applicant who wishes to obtain a fire boss certificate shall have at least two years of underground coal mining experience, of which:
(i) one year's experience may be credited to a mining engineering graduate of an approved four-year college; or
(ii) six months' experience may be credited to a graduate of a two-year course in mining technology.
(d) An applicant who wishes to obtain an underground mine electrician certificate shall have at least one year of varied electrical experience as specified in 30 C.F.R. Sec. 75.153.
(e) An applicant who wishes to obtain a surface mine electrician certificate shall have at least one year of varied surface electrical experience as specified in 30 C.F.R. Sec. 77.103.
(5) A certificate issued under Sections
40-2-14
and
40-2-15
shall expire if the certificate holder ceases
to work in the mining industry or a mine related industry
for more than five consecutive years.
2006
40-2-16 Necessity of certificate - Temporary certificates - Surface foreman certificate - Fee - Employment of uncertified persons prohibited.
(1) A person may not work in any occupation referred to in Section 40-2-15 unless granted a certificate by the Labor Commission.
(2) (a) (i) The Labor Commission may issue a temporary mine foreman certificate or a temporary surface foreman certificate to an applicant who is:
(A) recommended by a mine; and
(B) interviewed and found competent by two panel members.
(ii) A certificate issued under Subsection (2)(a)(i) shall remain in effect until:
(A) the next scheduled certification test;
(B) retest; or
(C) terminated by the Labor Commission.
(b) (i) The Labor Commission may issue a surface foreman certificate to a current holder of an underground mine foreman certificate, if the applicant has three years of varied surface mining experience.
(ii) A surface foreman certificate applicant may receive credit for surface experience in any other industry that has substantially equivalent surface facilities, if the applicant has performed or is presently performing the duties normally required of a surface foreman.
(3) (a) The Labor Commission shall collect a fee for each temporary certificate.
(b) The Labor Commission shall establish the fee by following the procedures and requirements of Section 63-38-3.2 .
(4) (a) An owner, operator, contractor, lessee, or agent may not employ a worker in any occupation referred to in Section 40-2-15 who is uncertified.
(b) The certificate shall be on file and available for
inspection to interested persons in the office of the mine.
2006
