Sec. 12. (a) It is unlawful for any person to serve in the capacity of mine foreman, mine examiner, shot-firer, hoisting engineer, mine electrician, or belt examiner at any time unless the person is properly certified. However, any person who meets the appropriate experience requirements of this chapter and who is properly certified in one (1) of these capacities or its equivalent in another state which recognizes the certification of Indiana may serve in such a capacity until the next examination by the board, when the person must apply to the board for certification in the person’s particular classification. A mine electrician who is properly certified:

(1) by the federal Mine Safety and Health Administration; or

Terms Used In Indiana Code 22-10-3-12

  • Belt examiner: means an individual designated by the mine foreman to perform the functions as required by 30 C. See Indiana Code 22-10-3-1
  • Board: refers to the mining board established under Indiana Code 22-10-3-1
  • Director: means the director of the bureau of mines and mine safety established under IC 22-1-1-4. See Indiana Code 22-10-3-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Hoisting engineer: means an individual who is capable of transporting people and material in and out of a mine by means of a hoist. See Indiana Code 22-10-3-1
  • Mine: means an underground commercial coal mine. See Indiana Code 22-10-3-1
  • Mine electrician: means a properly certified individual who can perform electrical work in:

    Indiana Code 22-10-3-1

  • Mine examiner: means a properly certified person designated by the mine foreman to examine the mine for gas and other dangers. See Indiana Code 22-10-3-1
  • Mine foreman: means the person charged with the responsibility of the general supervision of the underground working of a mine and the persons employed in the mine and for the health and safety of those employees. See Indiana Code 22-10-3-1
  • Operator: means an individual, firm, association, partnership, limited liability company, or corporation operating an underground coal mine or any part of a mine. See Indiana Code 22-10-3-1
  • Shot-firer: means a properly certified person designated by the mine foreman to perform the functions as required in this article in connection with breaking down coal or rock. See Indiana Code 22-10-3-1
(2) in another state that recognizes the mine electrician certification in Indiana;

may serve in the individual’s certified capacity and be issued a mine electrician certificate by the director in Indiana without the requirement of applying to the board for examination. However, the individual must obtain an Indiana miner’s certificate of competency from the director.

     (b) It is unlawful for an operator in this state to employ any person in the capacity of mine superintendent, assistant mine superintendent, mine foreman, mine examiner, shot-firer, hoisting engineer, mine electrician, or belt examiner at any time unless the person is properly certified.

     (c) Before any person certified in another state may perform in the capacity of mine superintendent, assistant mine superintendent, mine foreman, mine examiner, shot-firer, hoisting engineer, mine electrician, or belt examiner in Indiana, the person must present personally to the director evidence of the out-of-state certificate or certificates.

     (d) Every inexperienced miner is required to wear an orange hard hat until the miner receives a certificate of competency.

Formerly: Acts 1955, c.168, s.26; Acts 1971, P.L.358, SEC.6. As amended by Acts 1979, P.L.231, SEC.6; P.L.231-1983, SEC.9; P.L.37-1985, SEC.50; P.L.112-1992, SEC.7; P.L.35-2007, SEC.17; P.L.10-2012, SEC.5.

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