Chapter 69, Article 8 NMSA 1978 may be cited as the “Mining Safety Act”. History: 1953 Comp., § 63-31-1, enacted by Laws 1961, ch. 136, § 1; 2006, ch. 102, § 3; 2006, ch. 106, § 3. ANNOTATIONS The 2006 amendment, effective March 7, 2006, added the statutory reference to the short title. Laws 2006, […]
History: 1953 Comp., § 63-31-10, enacted by Laws 1961, ch. 136, § 10; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18. ANNOTATIONS Repeals. — Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-8-10 NMSA 1978, as enacted by Laws 1961, ch. 136, […]
The state mine inspector or his authorized representative shall have the power and authority to enter and inspect such places, question such employees and investigate such facts, conditions, practices or matters as he may deem appropriate to determine whether any person has violated any provisions of the Mining Safety Act, or any rule or regulation […]
ANNOTATIONS Repeals. — Laws 1989, ch. 193, § 19 repealed 69-8-12 and 69-8-13 NMSA 1978, as enacted by Laws 1961, ch. 136, §§ 12, 13 relating to enforcement and power as to witnesses, effective July 1, 1989.
History: 1953 Comp., § 63-31-14, enacted by Laws 1961, ch. 136, § 14; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18. ANNOTATIONS Repeals. — Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-8-14 NMSA 1978, as enacted by Laws 1961, ch. 136, […]
Rules and regulations promulgated under the Mining Safety Act shall be construed as “statutory regulations” and any safety devices required by such rules and regulations shall be construed as “safety devices required by law” as such terms are used in the Workmen’s Compensation Act [Chapter 52, Article 1 NMSA 1978]. History: 1953 Comp., § 63-31-15, […]
In addition to requirements pursuant to federal law for underground mines: A. a self-contained self-rescue device approved by the state mine inspector shall be worn by each person while underground in a coal mine or kept within the person’s immediate reach while underground in a coal mine. The device shall be provided by the employer. […]
An employer shall not discharge or in any manner discriminate against, cause to be discharged or cause discrimination against an employee, representative of employees or applicant for employment in a mine subject to the Mining Safety Act because the employee, representative of employees or applicant for employment has filed or made a complaint under or […]
As used in the Mining Safety Act: A. “accident” means: (1) in the case of a surface mine: (a) a death of an individual at a mine; (b) an injury that has a reasonable potential to cause death to an individual at a mine; (c) an entrapment of an individual that has a reasonable potential […]
A. There is created a “mining safety board”, referred to in Chapter 69, Article 8 NMSA 1978 as the “board”, consisting of thirteen members. The members of the board shall represent and balance management and non-management employees at coal, metal-nonmetal and sand and gravel operations throughout New Mexico. The members of the board shall be […]
A. The board shall, after public hearing, adopt rules for the protection of the life and safety of employees and to carry out the intent of the Mining Safety Act. The board may appoint a special committee of employers, employees and experts to assist in the development of proposed rules. The inspector may make recommendations […]
A. A person who is the subject of an action of the inspector pursuant to Subsection D of Section 69-14-4 NMSA 1978 may file a written petition for review before the board within twenty days after service of the notice provided in Subsection E of Section 69-14-4 NMSA 1978. Unless a timely petition for review […]
History: 1953 Comp., § 63-31-5, enacted by Laws 1961, ch. 136, § 5; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18. ANNOTATIONS Repeals. — Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-8-5 NMSA 1978, as enacted by Laws 1961, ch. 136, […]
The inspector is authorized to charge fees to mining companies for mine safety training given to their personnel. The amount of the training fees shall be arrived at by the inspector after consultation with the board. Fees collected shall be deposited in the state mine inspector fund to assist in the funding of the inspector. […]
There is created in the state treasury the “state mine inspector fund”. All income and interest earned from the fund shall be credited to the general fund. History: 1978 Comp., § 69-8-5.2, enacted by Laws 1989, ch. 193, § 7. ANNOTATIONS Effective dates. — Laws 1989, ch. 193, § 20 made Laws 1989, ch. 193, […]
ANNOTATIONS Repeals. — Laws 1985, ch. 68, § 5 repealed 69-8-6 NMSA 1978, as enacted by Laws 1961, ch. 136, § 6, relating to the state mine inspector’s rulemaking power, effective April 1, 1985. For present provisions as to rulemaking, see 69-8-4 NMSA 1978.
History: 1953 Comp., § 63-31-7, enacted by Laws 1961, ch. 136, § 7; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18. ANNOTATIONS Repeals. — Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-8-7 NMSA 1978, as enacted by Laws 1961, ch. 136, […]
History: 1953 Comp., § 63-31-8, enacted by Laws 1961, ch. 136, § 8; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18. ANNOTATIONS Repeals. — Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-8-8 NMSA 1978, as enacted by Laws 1961, ch. 136, […]
History: 1953 Comp., § 63-31-9, enacted by Laws 1961, ch. 136, § 9; 1985, ch. 68, § 4; 2007, ch. 301, § 18; 2007, ch. 302, § 18. ANNOTATIONS Repeals. — Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18 repealed 69-8-9 NMSA 1978, as enacted by Laws 1961, ch. 136, […]
A. A person affected by a rule adopted under the Mining Safety Act may petition the inspector for a variance. B. A variance of a mandatory safety standard may be granted upon a determination that: (1) an alternative method of achieving the result of the standard or rule exists that will at all times guarantee […]
