24.30.1302    COAL MINING CODE

(1) As used in the rules adopted in (2) below, unless the context clearly requires otherwise, the following definitions apply:

(a) "Act" means the Montana Coal Mining Code.

(b) "Bureau of mines" means the Department of Labor and Industry.

(c) "Certified" or "registered" means a person certified or registered by the Department of Labor and Industry.

(d) "Coal mine district manager" means the Department of Labor and Industry.

(e) "Department of the Interior" means the Department of Labor and Industry.

(f) "Mining enforcement and safety administration" means the Department of Labor and Industry.

(g) "Qualified person" means an individual deemed qualified by the Department of Labor and Industry and designated by the operator to make tests and examination required by the Department of Labor and Industry.

(h) "Secretary" means the administrator of the Employment Relations Division of the Department of Labor and Industry.

(2) The Department of Labor and Industry adopts under 50-73-103 , MCA, coal mine safety standards to protect employees who work in coal mines in this state. The following standards are adopted by reference to certain safety and health rules and standards that have been adopted by the federal government and are found in the Code of Federal Regulations (CFR) , Title 30, revised as of July 1, 2006:

(a) 30 CFR part 41, pertaining to notification by the mine of its legal identity;

(b) 30 CFR part 47, pertaining to hazard communication;

(c) 30 CFR part 48, pertaining to training and retraining of miners;

(d) 30 CFR part 62, pertaining to occupational noise exposure;

(e) 30 CFR part 70, pertaining to mandatory health standards in underground coal mines;

(f) 30 CFR part 71, pertaining to mandatory health standards in surface coal mines and surface work areas of underground coal mines;

(g) 30 CFR part 72, pertaining to health standards for coal mines;

(h) 30 CFR part 74, pertaining to coal mine dust personal sampler units;

(i) 30 CFR part 75, pertaining to mandatory safety standards in underground coal mines, except:

(i) 30 CFR 75.155, which is not applicable because Montana licensing statutes for crane and hoist operators apply; and

(ii) 30 CFR 75.1200-2, which is not applicable because 50-73-201 , MCA, provides that mine maps must be made to a scale of not less than 200 feet to 1 inch; and

(j) 30 CFR part 77, pertaining to mandatory safety standards in surface coal mines and surface work areas of underground coal mines, except:

(i) as to the requirements of 30 CFR 77.807.1, the minimum height for high voltage power lines is 20 feet above the ground; and

(ii) in addition to the requirements of 30 CFR 77.1710, there are additional requirements that:

(A) except for personnel who work in an office or on clerical matters under nonhazardous conditions, rings may not be worn around a mine or plant; and

(B) persons with long hair shall have their hair confined while working around moving equipment and machinery.

(3) All sections adopted and referred to above are binding on every employer who is covered by the Montana Coal Mining Code even though the sections are not separately printed in a separate state pamphlet and are omitted from publication in the Montana Administrative Register and the Administrative Rules of Montana. The sections referred to above that are contained in the Code of Federal Regulations referred to above are considered under this rule as the printed form of the safety rules and standards adopted under this rule, and must be used by the Department of Labor and Industry and all employers, employees, and other persons when referring to the provisions of the safety rules and standards adopted in this rule. All the provisions, remedies, and penalties found in the Montana Coal Mining Code ( 50-73-101 through 50-73-418 , MCA) apply to the administration of the provisions of the safety rules and standards adopted in this rule. A copy of the rules adopted by reference are available in printed form by contacting the Montana Department of Labor and Industry, Employment Relations Division, Safety Bureau, P.O. Box 1728, Helena, Montana 59624-1728, or the Superintendent of Documents, United States Government Printing Office, 941 North Capitol Street, Washington, D.C. 20401.

(4) For convenience, the federal number of a particular section found in the Code of Federal Regulations should be used when referring to a section in the safety rules and standards adopted in (2) above. The federal number is to be preceded by the term (4) . Thus, when section 70.100 of the Code of Federal Regulations pertaining to dust standards is to be referred to or cited, the correct cite would be "subsection (4) 70.100 of section 24.30.1302 ARM" or "ARM 24.30.1302(4) 70.100".

History: 50-71-301, MCA; IMP, 50-73-103, MCA; NEW, Eff. 11/3/75; AMD, 1998 MAR p. 966, Eff. 4/1/98; AMD, 2006 MAR p. 2041, Eff. 8/25/06.