(a)

(1) It is unlawful for any person to act as mine foreman unless the person is registered as holder of a certificate of competency as required by this chapter.
(2) It is unlawful for an individual, partnership, firm, or corporation operating a mine or mines in this state to employ any person in the capacity of mine foreman unless the person is registered as a holder of such certificate of competency.
(b)

(1) Each mine foreman employed at an underground coal mine shall possess a Class “A” mine foreman certificate.
(2) Each mine foreman employed at an open pit mine, metal mine, or preparation plant shall possess a Class “C” mine foreman certificate.