Public Act 099-0538
 
SB2813 EnrolledLRB099 19991 EGJ 44390 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Coal Mining Act is amended by changing
Sections 5.06, 5.09, 5.10, 5.11, 6.01, 6.04, 6.05, 6.10, 6.11,
6.12, 6.15, 6.16, 16.11, 25.01, 25.02, 25.04, 25.05, 29.01,
31.03, 31.04, 31.05, 31.06, 31.10, and 31.30 and by adding
Section 1.25 as follows:
 
    (225 ILCS 705/1.25 new)
    Sec. 1.25. Recorder. "Recorder" means a person with a mine
manager certification or mine examiner certification who is
trained and designated by the operator as the individual
responsible for recording the mine examiner's examination of
the underground workings of the mine.
 
    (225 ILCS 705/5.06)  (from Ch. 96 1/2, par. 506)
    Sec. 5.06. The mine manager shall be responsible for the
performance of all the functions and duties prescribed in
Sections 5.07 to 5.25, both inclusive. The mine manager may not
perform the duties of a mine examiner while serving in the
capacity of a mine manager.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/5.09)  (from Ch. 96 1/2, par. 509)
    Sec. 5.09. (A) In all gassy mines:
    1. When the mine is to be operated, he shall have the
prescribed working places of such mine examined by a certified
mine examiner within 3 4 hours before the workers of any shift,
other than the examiner or the examiners designated by the mine
manager to make the examination, enter the underground areas of
such mine. Have the mine examiner inspect every active working
place in the mine and make tests therein with a multi-gas
detector permissible flame safety lamp for accumulation of
methane and oxygen deficiency in the air therein; examine
intake seals used to ventilate a working section and doors to
determine whether they are functioning properly; inspect and
test the roof, face and rib conditions in the working areas and
on active roadways and travelways; inspect active roadways,
travelways, approaches to abandoned workings and accessible
falls in active sections for explosive gas and other hazards;
and inspect to determine whether the air in each split is
traveling in its proper course and in normal volume.
    2. On "non-coal producing shifts" , if the mine has a
minimum of 120 psi seals, he shall have the mine examined by a
certified mine examiner in any area where any person is
scheduled to work or travel underground. If the mine has less
than 120 psi seals, he shall have the mine examined by a
certified mine examiner in its entirety the same as for a coal
producing shift, except where persons are to work only in the
shaft, slope, drift, or on the immediate shaft or slope bottom,
then only that area immediately surrounding the bottom shall be
examined. If the mine has a minimum of 120 psi seals and the
mine has not been examined in its entirety for 7 consecutive
days, he shall have a certified mine examiner conduct a full
mine examination, including seals and escape ways, prior to
anyone other than the mine examiner or mine examiners
designated by the mine manager to make the examination enter
the underground areas of such mine. If it is known that the air
downwind of a minimum 120 psi seals when tested at a point not
less than 12 inches from the roof, face, or rib contains more
than 1.0% of methane as determined by permissible methane
detector, air analysis, or other recognized means of accurately
detecting such gas, he shall have the mine examined in its
entirety the same as for a coal producing shift, except where
persons are to work only in the shaft, slope, or drift or on
the immediate shaft or slope bottom, then only that area
immediately surrounding the bottom shall be examined.
    3. He shall see that no person, other than competent
personnel, enters any underground area in a gassy mine, except
during a coal-producing shift, unless an examination of such
area has been made by a mine examiner within 12 hours
immediately preceding his entrance into such area.
    4. If the mine has constructed a minimum of 120 psi seals,
he shall have a certified mine examiner conduct weekly
examinations at each seal along return and bleeder air courses
and at each seal along intake air courses where intake air
passing by the seal is not used to ventilate a working section.
If the mine has constructed less than 120 psi seals, he shall
have a certified mine examiner conduct a daily examination of
each seal along return and bleeder air courses. If it is known
that the air downwind of a minimum 120 psi seals when tested at
a point not less than 12 inches from the roof, face, or rib
contains more than 1.0% of methane as determined by permissible
methane detector, air analysis, or other recognized means of
accurately detecting such gas, he shall have each seal along
return and bleeder air courses and at each seal along intake
air courses where intake air passing by the seal not used to
ventilate a working section to be examined by a certified mine
examiner before the workers of any shift, other than the
examiner or the examiners designated by the mine manager to
make the examination, enter the underground areas of such mine.
    5. He shall have a certified mine examiner conduct weekly
examinations of escape ways required by Sections 19.11 and
19.13.
    (B) In non-gassy mines:
    1. Have the underground areas examined by a certified mine
examiner at least once in each calendar day during which coal
is produced. Such examination shall be made within 4 hours
immediately preceding the beginning of the first
coal-producing shift on such day.
    2. On idle days, have all sections of the mine examined
where men are to be required to work.
    3. On idle nights, when the mine has been examined for the
day shift and the men are to work in sections previously
examined and no coal is to be mined, no further examination
shall be required.
    (C) One examination on each day when workers perform
production or idle day work shall include the escape ways
required by Sections 19.11 and 19.13.
(Source: P.A. 81-992.)
 
    (225 ILCS 705/5.10)  (from Ch. 96 1/2, par. 510)
    Sec. 5.10. To have the underground working places in the
mine examined for hazards by competent personnel designated by
the operator to do so, at least once during each coal-producing
shift, or oftener if necessary for safety. Examinations In a
gassy mine such examinations shall include tests with a
multi-gas detector permissible flame safety lamp for methane
and oxygen deficiency. In all underground face workings in a
gassy mine where electrically driven equipment is operated,
examinations for methane shall be made with a multi-gas
detector permissible flame safety lamp by a person trained in
the use of such multi-gas detector lamp before equipment is
taken into or operated in face regions, and frequent
examinations for methane shall be made during such operations.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/5.11)  (from Ch. 96 1/2, par. 511)
    Sec. 5.11. To see that a mine examiner makes the
examinations provided in Articles 5, 6, and 31 of this Act, and
that he enters his report either by calling the results of the
examination to a recorder on the surface or by personally
recording the report. The recorder or mine examiner shall
record the report in a book or computer system that is thereof
with indelible pencil or ink in a well-bound or properly
protected loose leaf book provided by the operator for that
purpose, and the book or computer system shall be secure and
not susceptible to alteration.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/6.01)  (from Ch. 96 1/2, par. 601)
    Sec. 6.01. Each applicant for a certificate of competency
as mine examiner shall produce evidence satisfactory to the
Mining Board that he is a citizen of the United States, at
least 21 years of age and of good repute and temperate habits
and that he has had at least 4 years practical underground
mining experience, and has been issued a First Class
Certificate of Competency by the Department of Natural
Resources. He shall pass an examination as to his experience in
mines generating dangerous gases, his practical and
technological knowledge of the nature and properties of mine
gases, the laws of ventilation, the structures and use of
multi-gas detectors safety lamps, and the laws of this State
relating to safeguards against fires from any source in mines.
He shall also submit to the Mining Board satisfactory evidence
that he has completed a course of training in first aid to the
injured and mine rescue methods and appliances prescribed by
the Department. Persons who have graduated and hold a degree in
engineering or an approved 4-year program in coal mining
technology from an accredited school, college, or university,
are required to have only 2 years of practical underground
mining experience to qualify for the examination for a
certificate of competency.
    Persons who have graduated and hold a two-year Associate in
Applied Science Degree in Coal Mining Technology from an
accredited school, college or university are required to have
only 3 years' practical underground mining experience to
qualify for the examination for a Certificate of Competency as
a Mine Examiner.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    (225 ILCS 705/6.04)  (from Ch. 96 1/2, par. 604)
    Sec. 6.04. (A) In all gassy mines:
    1. When the mine is to be operated, he shall examine the
prescribed working places of such mine within 3 4 hours before
any workers in such shift, other than the examiner or the
examiners designated by the mine manager Mine Manager to make
the examination, enter the underground areas of the mine.
Examine every active working place in the mine and make tests
therein with a multi-gas detector permissible flame safety lamp
for accumulation of methane and oxygen deficiency in the air
therein; examine intake seals used to ventilate a working
section and doors to determine whether they are functioning
properly; inspect and test the roof, face, and rib conditions
in the working areas and on active roadways and travelways;
inspect active roadways, travelways, approaches to abandoned
workings, and accessible falls in active sections for explosive
gas and other hazards; and inspect to determine whether the air
in each split is traveling in its proper course and in normal
volume.
    2. On non-coal producing shifts, if the mine has a
constructed minimum of 120 psi seals, he shall examine the mine
in any area where any person is scheduled to work or travel
underground. If the mine has less constructed than 120 psi
seals, he shall examine the mine in its entirety the same as
for a coal producing shift, except where men are to work only
in the shaft, slope, or drift or on the immediate shaft bottom,
then only that area immediately surrounding the bottom need be
examined. If the mine has a minimum of 120 psi seals and the
mine has not been examined in its entirety for 7 consecutive
days, a full mine examine shall be conducted, including seals
and escape ways, prior to anyone other than the examiner or the
examiners designated by the mine manager to make the
examination enter the underground areas of such mine. If it is
known that the air downwind of a minimum 120 psi seals when
tested at a point not less than 12 inches from the roof, face,
or rib contains more than 1.0% of methane as determined by
permissible methane detector, air analysis, or other
recognized means of accurately detecting such gas, he shall
examine the mine in its entirety the same as for a coal
producing shift, except where persons are to work only in the
shaft, slope, or drift or on the immediate shaft or slope
bottom, then only that area immediately surrounding the bottom
shall be examined.
    3. If the mine has constructed a minimum of 120 psi seals,
he shall conduct weekly examinations at each seal along return
and bleeder air courses and at each seal along intake air
courses where intake air passing by the seal is not used to
ventilate a working section. If such mine has constructed less
than 120 psi seals, he shall conduct a daily examination of
each seal along return and bleeder air courses. If it is known
that the air downwind of a minimum 120 psi seals when tested at
a point not less than 12 inches from the roof, face, or rib
contains more than 1.0% of methane as determined by permissible
methane detector, air analysis, or other recognized means of
accurately detecting such gas, he shall examine each seal along
return and bleeder air courses and at each seal along intake
air courses where intake air passing by the seal not used to
ventilate a working section before the workers of any shift may
enter the underground areas of such mine.
    4. Conduct weekly examinations of escape ways required by
Sections 19.11 and 19.13.
    (B) In non-gassy mines:
    1. He shall examine the underground areas in the mine at
least once in each calendar day during which coal is produced.
Such examination shall be made within 4 hours immediately
preceding the beginning of the first coal-producing shift on
such day.
    2. On idle days he shall examine all sections of the mine
where men are required to work.
    3. On idle nights, if the mine has been examined for the
day shift and the men are to work in sections previously
examined and no coal is to be mined, no further examination
shall be required.
    (C) One examination on each day when workers perform
production or idle day work shall include the escape ways
required by Sections 19.11 and 19.13.
(Source: P.A. 81-992.)
 
    (225 ILCS 705/6.05)  (from Ch. 96 1/2, par. 605)
    Sec. 6.05. When in the performance of his duties, he shall
carry with him a multi-gas detector safety lamp in proper order
and condition and a rod or bar for sounding the roof.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/6.10)  (from Ch. 96 1/2, par. 610)
    Sec. 6.10. Upon completing his examination, he shall make a
daily record either by calling out the results of the
examination to a recorder on the surface or by personally
recording the report. The recorder or mine examiner shall
record the report in a book or computer system that is provided
by the operator for that purpose, and the book or computer
system shall be secure and not susceptible to alteration. The
examination report is of the same in a book kept for that
purpose, for the information of the company, the State Mine
Inspector, and all other persons interested; and this report
shall be recorded before the miners are permitted to enter the
mine. If the examination report is called out by the mine
examiner to a recorder, the recorder must place his signature,
certificate number, and date in the book or computer system
record shall be made each morning before the miners are
permitted to enter the mine. If the examination report is
called out, the mine examiner shall verify the report by his
signature, certificate number, and date by or at the end of his
shift. If the mine examiner finds an omission or error in the
report, the report shall be corrected and he must immediately
notify the shift mine manager of the omission or error.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/6.11)  (from Ch. 96 1/2, par. 611)
    Sec. 6.11. Should any dangerous conditions be found as
described in Section 6.09, he shall immediately notify the
shift mine manager record the same in the daily record book of
examinations, setting forth the nature of the conditions found
and the location of same.
(Source: Laws 1955, p. 2012.)
 
    (225 ILCS 705/6.12)  (from Ch. 96 1/2, par. 612)
    Sec. 6.12. It shall be unlawful for the operator of any
mine to have in his service as mine examiner any person who
does not hold a certificate of competency issued by the Mining
Board except that anyone holding a mine manager's certificate
may serve as a mine examiner. The ; but in any mine employing
more than 25 men, the mine manager shall not act in the
capacity of mine examiner while acting as mine manager.
However, whenever any exigency arises by which it is impossible
for any operator to secure the immediate services of a
certificated examiner, he may employ any trustworthy and
experienced man of the mine inspection district to act as
temporary mine examiner for a period not exceeding 7 days, and
with the approval of the State Mine Inspector of the district,
for a further period not exceeding 23 days. The employment of
persons who do not hold certificates as mine examiners shall in
no case exceed the limit of time specified herein, and the
State Mine Inspector shall not approve of the employment of
such persons beyond the 23 day limit.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/6.15)  (from Ch. 96 1/2, par. 615)
    Sec. 6.15. A In mines classified as gassy, a sufficient
number of men trained in the use of a multi-gas detector
permissible flame safety lamp shall be employed by the
operator, who shall examine the mine for obnoxious and
inflammable gases while men are working therein.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/6.16)  (from Ch. 96 1/2, par. 616)
    Sec. 6.16. When in the judgment of the State Mine
Inspector, expressed in writing to the mine operator, certain
sections of a mine generate dangerous quantities of explosive
gases, the State Mine Inspector shall require those sections of
the mine to be examined for gas in a prescribed manner and at
shorter intervals of time than 3 4 hours preceding the time the
day shift goes on duty for every day in which the mine is to be
operated.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/16.11)  (from Ch. 96 1/2, par. 1611)
    Sec. 16.11. Socketed ropes shall be cut off and resocketed
pursuant to the manufacturer's recommendation, if found to be
damaged or defective at least once each six months, or more
often if necessary, and a notice shall be posted in the engine
room giving the date when the rope was installed and when
resocketed.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/25.01)  (from Ch. 96 1/2, par. 2501)
    Sec. 25.01. Multi-gas detectors Not less than two
permissible flame safety lamps and a barometer, all in proper
working condition, shall be kept available at each mine for the
use of authorized persons. Only permissible multi-gas
detectors flame safety lamps, permissible methane detectors,
or air sampling and analysis shall be used for determining the
presence of methane and other gases in mine air.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/25.02)  (from Ch. 96 1/2, par. 2502)
    Sec. 25.02. Mine In gassy mines, mine officials whose
regular duties require them to inspect working places shall
have in their possession, when underground, a permissible
multi-gas detector flame safety lamp in safe working condition,
for the detection of methane and oxygen deficiency.
(Source: P.A. 80-296.)
 
    (225 ILCS 705/25.04)  (from Ch. 96 1/2, par. 2504)
    Sec. 25.04. All multi-gas detectors safety lamps shall be
the property of the operator and when not in use shall remain
in the custody of the mine manager or other competent person
designated by him, who shall be responsible for the maintenance
and calibration of the detectors to ensure that they are in
safe working condition clean, fill, trim, examine and deliver
same, locked and in safe condition to the men when they enter
the mine, or at some underground station designated by the mine
manager for that purpose. He shall also receive the lamps from
the men when they leave the mine or as they pass the
underground lamp station at the end of their shift.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/25.05)  (from Ch. 96 1/2, par. 2505)
    Sec. 25.05. The person to whom multi-gas detectors lamps
are given shall be responsible for the condition and proper use
of the multi-gas detectors safety lamps while in their
possession, and their return to the lamp station.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/29.01)  (from Ch. 96 1/2, par. 2901)
    Sec. 29.01. In all mines adequate telephone service or
equivalent 2-way communication facilities, including, but not
limited to, 2-way text messages, shall be provided at the top
and bottom of each main shaft or slope, and from the bottoms to
the working sections of the mine. Text messaging communications
systems used as communication facilities must be approved by
the Department. If text messaging is used, pre-programmed text
messages shall be capable of providing information to the
surface necessary to determine the status of the miners and the
conditions in the mine, as well as providing the necessary
emergency response information to the miners.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/31.03)  (from Ch. 96 1/2, par. 3103)
    Sec. 31.03. In every mine the minimum quantity of air shall
not be less than 150 cubic feet per minute for each person
employed, measured at the foot of the downcast and of the
upcast. However, in any mine wherein explosive gas is being
generated in such quantities that it can be detected by a
multi-gas detector an approved safety lamp, the minimum
quantity of air shall not be less than 200 cubic feet per
minute for each person employed therein. The State Mine
Inspector shall have power by order in writing to require these
quantities to be increased.
(Source: P.A. 89-657, eff. 8-14-96.)
 
    (225 ILCS 705/31.04)  (from Ch. 96 1/2, par. 3104)
    Sec. 31.04. If the air at an underground working face in a
mine, when tested at a point not less than 12 inches from the
roof, face, or rib, contains more than 1.0% of methane as
determined by permissible methane detector, a multi-gas
detector permissible flame safety lamp, air analysis, or other
recognized means of accurately detecting such gas, changes or
adjustments shall be made at once in the ventilation in such a
mine so that such air shall not contain more than 1.0% of
methane.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/31.05)  (from Ch. 96 1/2, par. 3105)
    Sec. 31.05. If a split of air returning from active
underground working places in a mine contains more than 1.0% of
methane as determined by a permissible methane detector, a
multi-gas detector permissible flame safety lamp, air
analysis, or other recognized means of accurately detecting
such gas, changes or adjustments shall be made at once in the
ventilation in such mine so that such returning air shall not
contain more than 1.0% of methane.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/31.06)  (from Ch. 96 1/2, par. 3106)
    Sec. 31.06. If a split of air returning from active
underground working places in a mine contains as much as 1.5%
of methane as determined by a permissible methane detector, a
multi-gas detector permissible flame safety lamp, air
analysis, or other recognized means of accurately detecting
such gas, the employees shall be withdrawn from the portion of
the mine endangered thereby and all power shall be cut off from
such portion of the mine until the quantity of methane in such
split shall be less than 1.5%. However, in virgin territory in
mines ventilated by exhaust fans, where methane is liberated in
large amounts, if the quantity of air in a split ventilating
the workings in such territory equals or exceeds twice the
minimum volume of air prescribed in Section 31.02 and if only
permissible electric equipment is used in such workings and the
air in the split returning from such workings does not pass
over trolley or other bare power wires, and if a certified
person designated by the mine operator is continually testing
the gas content of the air in such split during mining
operations in such workings, it shall be necessary to withdraw
the employees and cut off all power from the portion of the
mine endangered by such methane only when the quantity thereof
in the air returning from such workings exceeds 2%, as
determined by a permissible methane detector, a multi-gas
detector permissible flame safety lamp, air analysis, or other
recognized means of accurately detecting such gas.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/31.10)  (from Ch. 96 1/2, par. 3110)
    Sec. 31.10. If the State Mine Inspector finds methane with
a multi-gas detector permissible flame safety lamp,
permissible methane detector, air analysis, or other
recognized means, in the amount of 0.25% or more, in any open
workings of such mine when tested at a point not less than 12
inches from the roof, face or rib the mine shall be classified
as gassy. Nothing in this Act shall preclude the
reclassification of a mine that has been classified gassy if a
subsequent examination, made by the State Mine Inspector in the
method provided herein, shows the methane content to be less
than 0.25%.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/31.30)  (from Ch. 96 1/2, par. 3130)
    Sec. 31.30. In gassy mines worked by the so-called
"enclosed panel system" where rooms are driven off of both
sides of the panel entries and ventilated by one side of the
panel as the intake airway and the other side as the return,
the following shall govern the method of working this type of
panel: When the top end or inby end of the panel begins to
squeeze, work or more as the result of extraction of coal and
the area cannot be examined, men working in the said panel and
rooms shall be removed until movement has abated and the
presence of gas cannot be detected with a multi-gas detector
permissible flame safety lamp. However, if in such panels fire,
barrier or cutoff pillars are left in the center of the panel
of adequate thickness and the entries have been sealed in line
with the pillars with adequate roof support on the inby side of
the seals isolating the worked out area from the live works,
then mining operations may be resumed. This shall not apply to
panels worked with rooms on the intake side only, or panels
with bleeder entry system whereby the gas released in the
squeezed area will not contaminate the ventilating air current
used to ventilate active workings within the panel.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/25.03 rep.)
    (225 ILCS 705/25.06 rep.)
    (225 ILCS 705/25.07 rep.)
    Section 10. The Coal Mining Act is amended by repealing
Sections 25.03, 25.06, and 25.07.