Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

225 ILCS 705/38.4

(225 ILCS 705/38.4)
Sec. 38.4. General surface supervisor of an underground mine.

On or after July 1, 2006, it shall be unlawful for an operator of an underground coal mine surface facility or a coal preparation plant or a contractor engaged in the construction, demolition, or dismantling of an underground coal mine surface facility or a coal preparation plant to employ, in a supervisory capacity, any person who does not hold a certificate of competency issued by the Mining Board to oversee any of the following activities:

        (1) Coal preparation and storage.
        (2) Mine equipment storage and repair.
        (3) Mobile equipment operation.
        (4) Site construction, demolition, or dismantling

operations.

Each applicant for a certificate as a general surface supervisor of an underground mine must have  a minimum of 2 years  of work experience at a coal mine surface facility or coal preparation plant.  In addition to the work experience requirement set forth in this Section, a contractor engaged in the construction, demolition, or dismantling of surface structures must successfully complete an examination concerning the Department's health and safety regulations as these regulations pertain to the contractor's responsibilities, which shall be administered by the Mining Board.  Temporary certification may be issued by the Mining Board for persons with at least 2 years of the required work experience and shall be valid until the time of the next examination or for a maximum of 6 months, whichever is shorter.

(Source: P.A. 94-1041, eff. 7-24-06.)

225 ILCS 705/38.5

(225 ILCS 705/38.5)
Sec. 38.5. Independent contractor supervisor.

On or after July 1, 2006, it shall be unlawful for an operator of an underground coal mine surface facility or a surface coal mine facility to employ an independent contractor who does not have an independent contractor supervisor certificate issued by the Mining Board to oversee and supervise the work for which the services of an independent contractor have been obtained, including, but not limited to, work in the area of construction, demolition, repair or maintenance, or major renovations of existing facilities or other heavy or extensive work planned for an extended period of time.

Each applicant for an independent contractor supervisor certificate must provide proof of at least 2 years of experience in independent contract work at surface mines or at the surface of underground mines and successfully complete an examination based on the mining laws of this State as these laws pertain to the applicant's responsibilities, which shall be administered by the Mining Board.  Temporary certification may be issued by the Mining Board for persons with at least 2 years of the required work experience and shall be valid until the time of the next examination or for a maximum of 6 months, whichever is shorter.

Independent contractors employed to engage in routine maintenance work within a facility, including, but not limited to, plumbing repair, roof repair, and carpentry work, are not required to possess an independent contractor supervisor certificate to engage in such routine maintenance work within a facility.

(Source: P.A. 94-1041, eff. 7-24-06.)

225 ILCS 705/Art. 39

(225 ILCS 705/Art. 39 heading)

ARTICLE 39.

MINERS' REMEDIES.

(Source: P.A. 96-328, eff. 8-11-09.)

225 ILCS 705/39.1

(225 ILCS 705/39.1) (from Ch. 96 1/2, par. 3901)

Sec. 39.1.

Right of miner to refuse to operate unsafe equipment.

It shall be unlawful to require an employee to work under
conditions which he has reasonable grounds to believe to be
immediately dangerous to himself beyond the  normal hazards
inherent in the operation and which could reasonably be expected
to cause death or serious physical harm before the condition
or practice can be abated.

(Source: P.A. 79-460.)