S.B. 107

1

CERTIFICATION OF MINES
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mike Dmitrich
5 This act modifies the mining code to provide that the Labor Commission shall assume
6 certain responsibilities relating to coal mine certification previously performed by the
7 Labor Commission's Safety Division.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 40-2-15, as last amended by Chapter 375, Laws of Utah 1997
11 40-2-16, as last amended by Chapter 375, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 40-2-15 is amended to read:
14 40-2-15. Certification requirements -- Fees -- Recertification.
15 (1) The [Division of Safety] Labor Commission shall collect a fee for the following:
16 (a) certification tests;
17 (b) sections of the examination that must be retaken; or
18 (c) recertification certificates.
19 (2) The Labor Commission shall determine fees in this section under Section
20 63-38-3.2 .
21 (3) Any section of the certification test may be retaken if not successfully completed.
22 (4) Experience and education required to obtain a certificate for the corresponding
23 occupations are as follows:
24 (a) A mine foreman certificate requires at least four years varied underground coal
25 mining experience, of which:
26 (i) two years' experience may be credited to a mining engineering graduate of an
27 approved four-year college; or

28 (ii) one year's experience may be credited to a graduate of a two-year course in mining
29 technology.
30 (b) (i) A surface foreman certificate requires at least three years of varied surface
31 experience.
32 (ii) An applicant may receive credit for surface experience in any other industry that
33 has substantially equivalent surface facilities.
34 (c) A fire boss certificate requires at least two years of underground coal mining
35 experience, of which:
36 (i) one year's experience may be credited to a mining engineering graduate of an
37 approved four-year college; or
38 (ii) six months' experience may be credited to a graduate of a two-year course in
39 mining technology.
40 (d) An underground mine electrician certificate requires at least one year of varied
41 electrical experience as specified in 30 C.F.R. Sec. 75.153.
42 (e) A surface mine electrician certificate requires at least one year of varied surface
43 electrical experience as specified in 30 C.F.R. Sec. 77.103.
44 (f) Electricians shall recertify as specified in 30 C.F.R. Sec. 75.153 or 30 C.F.R. Sec.
45 77.103.
46 (5) Unless prohibited by federal law, United States citizenship is required for any
47 person who receives a certificate for occupations referred to in this section, unless that person:
48 (a) presents satisfactory evidence of good moral character; and
49 (b) has declared his intention to become a United States citizen.
50 (6) A certified person who leaves the mining industry for a period of five years must be
51 recertified.
52 Section 2. Section 40-2-16 is amended to read:
53 40-2-16. Necessity of certificate -- Temporary certificates -- Surface foreman
54 certificate -- Fee -- Employment of uncertified persons prohibited.
55 (1) A person may not work in any occupation referred to in Section 40-2-15 unless
56 granted a certificate of competency by the [Division of Safety] Labor Commission.
57 (2) (a) The [Division of Safety] Labor Commission may issue, upon a showing of
58 competency, a temporary mine foreman certificate or a temporary surface foreman certificate to

59 remain in effect until the earlier of the next scheduled certification examination or retest
60 examination or until terminated by the [Division of Safety] Labor Commission.
61 (b) (i) The [Division of Safety] Labor Commission may issue a surface foreman
62 certificate to a current holder of an underground mine foreman certificate, if the applicant has
63 three years of varied surface mining experience.
64 (ii) An applicant may receive credit for surface experience in any other industry that
65 has substantially equivalent surface facilities, if he has performed or is presently performing the
66 duties normally required of a surface foreman.
67 (3) The [Division of Safety] Labor Commission shall collect a fee determined under
68 Section 63-38-3.2 for each temporary certificate.
69 (4) (a) An owner, operator, contractor, lessee, or agent may not employ a worker in any
70 occupation referred to in Section 40-2-15 who is uncertified.
71 (b) The certificate shall be on file and available for inspection to interested persons in
72 the office of the mine.




Legislative Review Note
as of 1-15-03 8:51 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel