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AN ACT
RELATING TO MINING; AMENDING A SECTION OF THE MINING SAFETY
ACT TO PROVIDE FOR SELF-CONTAINED SELF-RESCUE DEVICES IN COAL
MINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 69-8-16 NMSA 1978 (being Laws 2006,
Chapter 102, Section 4 and Laws 2006, Chapter 106, Section 4)
is amended to read:
"69-8-16. UNDERGROUND MINE SAFETY REQUIREMENTS--
PENALTIES.--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. The self-contained self-
rescue device shall be adequate to protect a miner for one
hour or longer or, alternatively, sufficient to allow the
employee time to reach an additional self-contained self-
rescue device. Each employer shall train each miner in the
use of the device, and refresher training courses for all
underground employees shall be held during each calendar year;
B. the employer shall provide caches of self-
contained self-rescue devices throughout any underground mine
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in accordance with a plan approved by the state mine
inspector. Each self-contained self-rescue device shall be
adequate to protect a miner for one hour or longer. Battery-
powered strobe lights or permanently activated strobe lights
shall be affixed to each cache. A luminescent sign with the
words "SELF-CONTAINED SELF-RESCUER" or "SELF-CONTAINED SELF-
RESCUERS" shall be conspicuously posted at each cache, and
luminescent direction signs shall be posted leading to each
cache. The employer shall conduct weekly inspections of each
cache and the affixed strobe lights to ensure operability;
C. a wireless emergency communication device or a
two-way radio system approved by the state mine inspector and
provided by the employer shall be available to each person in
the active working section of an underground mine. Each
employer shall train each miner in the use of the device and
provide refresher training courses for all underground
employees during each calendar year. The employer shall
install in or around the mine any and all equipment necessary
to transmit emergency communications from the surface to each
wireless emergency communication device or two-way radio
system in active working sections of the underground mine;
D. a wireless tracking device approved by the
state mine inspector and provided by the employer shall be
worn by each person in an underground coal mine. In the event
of an accident or other emergency, the tracking device shall
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be capable of providing the approximate physical location of
each person who is underground. Each employer shall train
each employee in the use of the device and provide refresher
training courses for all underground employees during each
calendar year. The employer shall install in or around the
mine all equipment necessary to provide the approximate
physical location of each person who is underground;
E. a person who, without the authorization of the
employer or the state mine inspector, knowingly removes or
attempts to remove any device or related equipment, required
by this section and approved by the inspector, from a mine or
mine site with the intent to permanently deprive the employer
of the device or equipment or knowingly tampers with or
attempts to tamper with the device or equipment shall be
guilty of a fourth degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978; and
F. the state mine inspector shall, within ninety
days of the effective date of this section, approve an
implementation plan for each mine covered by this section that
includes a schedule for meeting the requirements of this
section.
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