Section 301 – Commission and office responsibilities.
40-2-301. Commission and office responsibilities. (1) The commissioner shall: (a) direct the state’s efforts to promote coal mine safety; and (b) participate with the Mine Safety and Health Administration in an investigation of a major coal mine accident in Utah. (2) The commission shall establish by rule, made in accordance with Title 63G, Chapter 3, […]
Section 302 – Reporting of an unsafe condition in coal mines — Adverse action prohibited.
40-2-302. Reporting of an unsafe condition in coal mines — Adverse action prohibited. (1) Subject to the other provisions of this section, upon the office’s receipt of information from a person of a possible unsafe condition in a coal mine located in Utah, the office may: (a) notify the federal Mine Safety and Health Administration; […]
Section 303 – Annual report on coal mine safety.
40-2-303. Annual report on coal mine safety. (1) By October 1 of each year, the commission, office, and council shall compile and submit to the governor and the Legislature a comprehensive report of the status of coal mine safety within the state for the immediately preceding calendar year. (2) The report required by this section […]
Section 401 – Necessity of certificate.
40-2-401. Necessity of certificate. (1) A person may not work in an occupation referred to in Section 40-2-402 unless granted a certificate by the commission. (2) (a) (i) The commission may grant a temporary coal mine foreman certificate or a temporary coal mine surface foreman certificate to an applicant who is: (A) recommended by a […]
Section 402 – Certification requirements.
40-2-402. Certification requirements. (1) The commission shall collect a fee for: (a) the taking of a certification test; or (b) the retaking of one or more sections of a certification test. (2) (a) The commission shall establish fees by following Section 63J-1-504. (b) Notwithstanding Section 63J-1-504, the commission: (i) shall retain the fees as dedicated […]
Section 103 – Scope and administration of chapter.
40-2-103. Scope and administration of chapter. (1) This chapter applies to any coal mine located in the state. (2) The commission: (a) shall administer this chapter with the assistance of the office; and (b) has jurisdiction over a coal mine in this state as set forth in this chapter. Enacted by Chapter 113, 2008 General […]
Section 104 – Rulemaking authority.
40-2-104. Rulemaking authority. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules necessary to implement this chapter. Renumbered and Amended by Chapter 113, 2008 General SessionAmended by Chapter 382, 2008 General Session
Section 201 – Utah Office of Coal Mine Safety created.
40-2-201. Utah Office of Coal Mine Safety created. (1) There is created within the commission the “Utah Office of Coal Mine Safety.” (2) The office, under the direction of the commissioner, shall assist the commission in administering this chapter. Enacted by Chapter 113, 2008 General Session
Section 202 – Appointment of director.
Effective 7/1/2021 40-2-202. Appointment of director. (1) The director is the chief officer of the office and serves as the executive and administrative head of the office. (2) (a) The commissioner shall appoint the director. (b) The director may be removed from that position at the will of the commissioner. (3) The director shall receive […]
Section 203 – Mine Safety Technical Advisory Council created — Duties.
40-2-203. Mine Safety Technical Advisory Council created — Duties. (1) Within the office there is created the “Mine Safety Technical Advisory Council” consisting of 13 voting members and five nonvoting members as provided in this section. (2) (a) The commissioner shall appoint the voting members of the council as follows: (i) one individual who represents […]