HB5371 94TH GENERAL ASSEMBLY

LRB094 19401 RAS 55093 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5371

Introduced 01/26/06, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

20 ILCS 1905/1905-15	was 20 ILCS 1905/45 in part
225 ILCS 705/10.01	from Ch. 96 1/2, par. 1001
225 ILCS 705/11.07 new
225 ILCS 705/11.08 new
225 ILCS 705/11.09 new

Amends the Department of Natural Resources (Mines and Minerals) Law of the Civil Administrative Code of Illinois. Requires the Department of Natural Resources to maintain a 24-hour-a-day statewide emergency telephone number for the reporting of, and issuance of prompt response to the site of, accidents occurring in or about any mine regulated by the Department or the machinery connected therewith. Amends the Coal Mining Act. Requires persons having charge of a mine to report to the State Mine Inspector of the district, through the statewide emergency reporting telephone number, any accident that occurs in or about any coal mine or the machinery connected with any coal mine, within 15 minutes of ascertaining the occurrence of an accident (now, any loss of life or personal injury in or about a coal mine must be reported, without delay, by persons having charge of the mine to the State Mine Inspector). Provides that the Department shall impose an administrative fine of $100,000 upon the operator of a mine, if it is determined that the operator or the mine manager in charge of the mine failed to give the requisite notice, but allows the Director of Natural Resources to waive imposition of the fine upon a finding that the failure to give immediate notice was caused by circumstances wholly outside of the operator's control. Defines "accident". Requires the operator of a mine to provide self-contained self-rescue devices throughout the mine and wireless emergency communication devices and wireless tracking devices that must be worn by each person underground. Sets forth criminal penalties for any person who, without the authorization of the operator or the Department, knowingly removes or attempts to remove or tampers or attempts to tamper with a self-contained self-rescue device, wireless emergency communication device, or wireless tracking device.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Natural Resources (Mines and Minerals) Law of the Civil Administrative Code of Illinois is amended by changing Section 1905-15 as follows:

(20 ILCS 1905/1905-15) (was 20 ILCS 1905/45 in part)

Sec. 1905-15. Mine accidents. The Department has the power to acquire and diffuse information concerning the nature, causes, and prevention of mine accidents. The Department shall maintain a 24-hour-a-day statewide emergency telephone number for the reporting of, and issuance of prompt response to the site of, accidents occurring in or about any mine regulated by the Department or the machinery connected therewith.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 10. The Coal Mining Act is amended by changing Section 10.01 and by adding Sections 11.07, 11.08, and 11.09 as follows:

(225 ILCS 705/10.01) (from Ch. 96 1/2, par. 1001)

Sec. 10.01. Accident reporting; notice required.

(a) Any accident that occurs loss of life or personal injury in or about any coal mine or the machinery connected therewith shall be reported in a manner detailing the particulars of the accident, within 15 minutes of ascertaining the occurrence of an accident without delay, by the persons having charge of the mine, to the State Mine Inspector of the district through the statewide emergency reporting telephone number maintained by the Department. The persons having charge of the mine may comply with the accident notice requirement of this Section by immediately providing notice to the appropriate local organization for emergency services or the appropriate local emergency telephone system operator; however, nothing in this Section shall be construed to relieve those persons in charge of the mine from any reporting or notification requirement imposed by federal law.

(b) The State Mine Inspector, in all cases of loss of life, shall go immediately to the scene of the accident and render every possible assistance to those in need.

(c) The Department shall impose an administrative fine of $100,000 upon the operator of a mine, if it is determined that the operator or the mine manager in charge of the mine failed to give notice as required under this Section. The Director may waive imposition of the administrative fine at any time if he or she finds that the failure to give immediate notice was caused by circumstances wholly outside of the operator's control.

(d) In this Section, "accident" means any of the following occurrences:

(1) The death of an individual at a mine.

(2) An injury to an individual at a mine that has the reasonable potential to cause death.

(3) The entrapment of an individual.

(4) The unplanned inundation of a mine by a liquid or gas.

(5) The unplanned ignition or explosion of gas or dust in or about a mine.

(6) The unplanned ignition or explosion of a blasting agent or an explosive in or about a mine.

(7) An unplanned fire in or about a mine not extinguished within 5 minutes of ignition.

(8) An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage.

(9) A coal or rock outburst that causes withdrawal of miners or that disrupts regular mining activity for more than one hour.

(10) An unstable condition at an impoundment, refuse pile, or culm bank.

(11) Damage to hoisting equipment for more than 30 minutes.

(12) An event at a mine that causes death or bodily injury to an individual not at the mine at the time the event occurs.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/11.07 new)

Sec. 11.07. Self-contained self-rescue devices. The operator of a mine must provide caches of self-contained self-rescue devices throughout the mine, in accordance with a plan approved by the Department. Each self-contained self-rescue device must be adequate to protect a miner for at least one hour. The total number of self-contained self-rescue devices, the total number of storage caches, and the placement of each cache throughout the mine shall be established by the Department by rule.

Intrinsically safe battery-powered strobe lights must be affixed to each cache and shall be capable of automatic activation in the event of an emergency. A luminescent sign with the words "SELF-CONTAINED SELF-RESCUER" or "SELF-CONTAINED SELF-RESCUERS" must be conspicuously posted at each cache and luminescent direction signs must be posted leading to each cache. Lifeline cords or other similar devices with reflective material at 25-foot intervals must be attached to each cache from the last open crosscut to the surface. The operator must conduct weekly inspections of each cache, the affixed strobe lights, and each lifeline cord or other similar device to ensure operability.

Any person who, without the authorization of the operator or the Department, knowingly removes or attempts to remove any self-contained self-rescue device or battery-powered strobe light approved by the Department from the mine or mine site with the intent to permanently deprive the operator of the device or light or who knowingly tampers with or attempts to tamper with the device or light is guilty of a Class 4 felony.

The Department shall adopt all rules necessary for the implementation and administration of this Section.

(225 ILCS 705/11.08 new)

Sec. 11.08. Wireless emergency communication devices. A wireless emergency communication device approved by the Department and provided by the operator must be worn by each person underground. The wireless emergency communication device must, at a minimum, be capable of receiving emergency communications from the surface at any location throughout the mine. Each operator must provide for the training of each miner in the use of the device and provide refresher training courses for all underground employees during each calendar year. The operator must install in or around the mine any and all equipment necessary to transmit emergency communications from the surface to each wireless emergency communication device at any location throughout the mine.

Any person who, without the authorization of the operator or the Department, knowingly removes or attempts to remove any wireless emergency communication device or related equipment approved by the Department from the mine or mine site with the intent to permanently deprive the operator of the device or equipment or who knowingly tampers with or attempts to tamper with the device or equipment is guilty of a Class 4 felony.

The Department shall adopt all rules necessary for the implementation and administration of this Section.

(225 ILCS 705/11.09 new)

Sec. 11.09. Wireless tracking devices. A wireless tracking device approved by the Department and provided by the operator must be worn by each person underground. The tracking device must be capable of providing real-time monitoring of the physical location of each person underground, in the event of an accident or other emergency. No person may discharge or discriminate against any miner based on information gathered by a wireless tracking device during non-emergency monitoring. Each operator must provide for the training of each miner in the use of the device and provide refresher training courses for all underground employees during each calander year. The operator must install in or around the mine all equipment necessary to provide real-time emergency monitoring of the physical location of each person underground.

Any person who, without the authorization of the operator or the Department, knowingly removes or attempts to remove any wireless tracking device or related equipment approved by the Department from a mine or mine site with the intent to permanently deprive the operator of the device or equipment or who knowingly tampers with or attempts to tamper with the device or equipment is guilty of a Class 4 felony.

The Department shall adopt all rules necessary for the implementation and administration of this Section.