USA Statutes : nevada
Title : Title 46 - MINES AND MINERALS
Chapter : CHAPTER 512 - INSPECTION AND SAFETY OF MINES
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 512.003
to 512.009 , inclusive, have the meanings ascribed to them
in such sections.
(Added to NRS by 1975, 514)
“Accident” means any unplanned
event which caused or could have caused death or bodily injury or which
endangered or could have endangered human life and includes any mine
fire, mine explosion, mine ignition, unplanned initiation of explosives,
entrapment or falls of ground or inundation by water, dust or gas.
(Added to NRS by 1975, 515)
“Administrator” means the
Administrator of the Division of Industrial Relations of the Department
of Business and Industry.
(Added to NRS by 1981, 1530; A 1993, 1681)
“Imminent danger” means
the existence of any condition or practice in a mine which could
reasonably be expected to cause death or serious physical harm to any
worker if mine operations were to proceed in the affected area or if
workers were to enter the affected area before the condition or practice
was eliminated.
(Added to NRS by 1975, 515)
“Mine” means:
1. An area of land:
(a) Where exploration is conducted to discover or delineate
minerals or mineral commodities in any deposit;
(b) Where development is conducted to prepare or open any deposit
of minerals or mineral commodities other than solid fuels for extraction;
or
(c) Where exploitation or extraction of minerals or mineral
commodities other than solid fuels is conducted from any deposit;
2. Private ways and roads appurtenant to such areas;
3. Structures, equipment, machinery, apparatus or other property,
upon the surface or underground, used or to facilitate the work of
exploring, developing or extracting minerals or mineral commodities other
than solid fuels in or from any deposit; or
4. Beneficiation plants, mills, smelters, refineries or other
property used or to facilitate the treatment or reduction of any minerals
or mineral commodities, whether or not contiguous to an area where
exploitation or extraction of minerals or mineral commodities is
conducted from any deposit.
(Added to NRS by 1975, 515)
“Operator” means any person or
organization operating, controlling or supervising a mine and owning the
right to do so, and includes any individual, owner, lessor, lessee,
agent, manager, workman, contractor, subcontractor, independent
contractor, partnership, association or corporation or subsidiary of a
corporation charged with the responsibility for the operation of such
mine.
(Added to NRS by 1975, 515)
“Unwarrantable failure of an operator to comply” means the
failure of an operator to prevent the occurrence of or to abate a
violation of a health or safety standard or regulation adopted pursuant
to the provisions of this chapter due to indifference, lack of diligence
or lack of reasonable care.
(Added to NRS by 1975, 515)
“Worker” means any individual
working for wages or other compensation, whether or not employed by an
operator.
(Added to NRS by 1975, 515)
ADMINISTRATOR
1. Any person employed by the Administrator pursuant to the
provisions of this chapter must not:
(a) Be an officer, director or employee, or have any personal or
private interest in any operating mine, mill, smelter or ore reduction
plant or the products thereof;
(b) Hold, directly or indirectly, any financial interest in any
company, partnership, organization or corporation or subsidiary of a
corporation, which owns, operates or has a financial interest in any
mines which are subject to the provisions of this chapter; or
(c) Be an officer or employee of any labor organization.
2. A person appointed as the Assistant Administrator responsible
for the inspection of mines must have at least 7 years of technical,
operational or management experience in at least two of the following
areas:
(a) Mines;
(b) Mills;
(c) Beneficiation plants; or
(d) Smelters,
Ê at least 3 years of which must be in underground mining.
[Part 3:176:1909; RL § 4200; NCL § 4210]—(NRS A 1969, 1002; 1973,
1480; 1975, 517; 1981, 1530; 1991, 65; 1993, 1681)
The Administrator is entitled to be provided
with a properly furnished office in Carson City, Nevada.
[Part 6:176:1909; A 1917, 29; 1919 RL § 4203; NCL § 4213]—(NRS A
1981, 1531)
The Administrator may:
1. Employ necessary clerks, technicians, specialists, engineers or
consultants.
2. Authorize representatives to perform all duties required of him.
[Part 2:176:1909; A 1925, 230; 1945, 244; 1943 NCL § 4209]—(NRS A
1975, 518; 1981, 1531; 1985, 434; 1991, 66)
1. The Administrator may adopt any regulations for mine health and
safety he deems necessary and which are consistent with the Federal Mine
Safety and Health Act (30 U.S.C. §§ 801 et seq.), as amended.
2. The Administrator shall forward a copy of every regulation
adopted under this section to the operator of each mine and to the
representative of the workers, if any, at the mine. Failure to receive a
copy of the regulation does not relieve anyone of the obligation to
comply with it.
(Added to NRS by 1975, 516; A 1977, 77; 1979, 85; 1981, 1531)
The Administrator shall submit annually to
the Governor, as soon as practicable after the beginning of each calendar
year, a full report of the administration of his functions under this
chapter during the preceding calendar year. The report must include,
either in summary or detailed form, the information obtained by him under
this chapter together with such findings and comments thereon and such
recommendations as he may deem proper.
[11:176:1909; A 1951, 169]—(NRS A 1975, 518; 1981, 1531)
1. The Administrator shall:
(a) Develop and conduct programs for the education and training of
operators and workers in the recognition, avoidance and prevention of
accidents or unsafe or unhealthful working conditions in mines which are
subject to the provisions of this chapter;
(b) To the greatest extent possible, provide technical assistance
to operators in meeting the requirements of this chapter and in further
improving the health and safety conditions and practices in mines which
are subject to the provisions of this chapter; and
(c) Collect information and statistics relative to mines, mining
and the minerals industry of the State.
2. The Administrator may accept and administer grants and other
money received from any private or public source, including the Federal
Government, for the purposes of administering the provisions of this
chapter.
(Added to NRS by 1975, 515; A 1979, 85; 1981, 1532)
SAFETY: ACCIDENTS; INSPECTIONS; REPORTS
1. Operators shall maintain records and reports and shall submit,
at least annually and at such other times as the Administrator deems
necessary, and in the form he prescribes, reports of production,
employment, mine activity and status, accidents, bodily injuries, loss of
life, occupational illnesses and related data.
2. The Administrator shall compile, keep and analyze and may
publish, either in summary or detailed form, the information obtained
pursuant to the provisions of subsection 1.
3. Operators shall notify the Administrator before opening and
upon closing mine operations. The notice must include the name and
location of the mine, the name and address of the operator, the name of
the person in charge of the operation, a statement of whether the
operation will be continuous or intermittent, and upon closing, a
statement of whether the closing is temporary or permanent.
[Part 6:176:1909; A 1917, 29; 1919 RL § 4203; NCL § 4213]—(NRS A
1975, 519; 1979, 85; 1981, 1532)
At least once a year and at
such other times as required the Administrator, or his designee, shall
visit each mining county in this state and thoroughly inspect and
investigate all such mines therein as, in his judgment, may require
inspection and investigation for the purposes of:
1. Determining whether there has been compliance with health and
safety regulations or standards adopted or notices or orders issued
pursuant to the provisions of this chapter;
2. Determining whether an imminent danger exists;
3. Determining the cause or causes of accidents, bodily injuries,
loss of lives or occupational illnesses which have occurred in such mines;
4. Determining if there are dangerous conditions or practices with
respect to the condition or manner of use of equipment, machinery or
apparatus; and
5. Obtaining such other information for any other purpose as he
may deem advisable.
[Part 4:176:1909; A 1915, 9; 1955, 148]—(NRS A 1975, 520; 1981,
1532)
1. The Administrator may enter all mines in this state subject to
the provisions of this chapter, for the purposes of inspections,
investigations or access to records and reports required to be maintained
or for any other purpose necessary in the proper discharge of his
official duties. Operators shall render the Administrator such assistance
as may be required to enable him to make a full, thorough and complete
inspection or investigation of each and every part of such mine or mines.
No advance notice of an inspection must be provided to any operator,
worker, or representative of the workers, if any, at such mine.
2. At the commencement of any inspection of a mine by the
Administrator, the authorized representative of the workers at the mine
must be given an opportunity to accompany the Administrator on the
inspection and to participate in any conference held at the conclusion of
the inspection. If there is no representative of the workers, the
Administrator shall consult with a reasonable number of workers
concerning matters of health and safety at the mine.
[Part 5:176:1909; A 1911, 402; 1925, 13; 1947, 680; 1951, 246]—(NRS
A 1967, 600; 1971, 141; 1975, 520; 1981, 1533)
1. Whenever, as the result of the inspection of any mine, the
Administrator finds that an imminent danger exists in the mine or with
respect to the condition or manner of use of equipment, machinery or
apparatus, he shall thereupon issue an order:
(a) Requiring the operator to cause all persons except those
referred to in subsection 5, to be withdrawn immediately from and
prohibited from entering the area where such danger exists until he
determines that such imminent danger no longer exists.
(b) Prohibiting such equipment, machinery or apparatus to be used
or operated until he determines that such imminent danger no longer
exists.
2. If, upon any inspection of a mine, the Administrator finds that
there has been a violation of any health or safety regulation or standard
adopted pursuant to the provisions of this chapter, but the violation has
not created an imminent danger, he shall issue a notice to the operator
fixing a reasonable time for the abatement of the violation. If the
Administrator subsequently finds:
(a) Upon the expiration of the period of time as originally fixed
or extended for the abatement of the violation, that the violation has
not been totally abated and that the period of time should not be further
extended; or
(b) Another violation of any health or safety regulation or
standard caused by failure of an operator to prevent the occurrence of
such violation due to indifference, lack of diligence or lack of
reasonable care, during the same inspection or any subsequent inspection
within 90 days after the issuance of the notice,
Ê he shall forthwith issue an order requiring the operator to cause all
persons in the area affected by such violation, except those persons
referred to in subsection 5, to be withdrawn from and prohibited from
entering the area until he determines that such violation has been abated.
3. If the Administrator finds a violation of a health and safety
regulation or standard within 30 days following the abatement of a
violation which resulted in the issuance of a withdrawal order under
paragraph (b) of subsection 2, he shall forthwith issue an order
requiring the operator to cause all persons in the area affected by such
violation, except those persons referred to in subsection 5, to be
withdrawn from and prohibited from entering the area until he determines
that such violation has been abated.
4. If, as a result of any investigation of any accident occurring
in a mine or as a result of any other investigation or tests performed by
the Administrator, he has reason to believe that any equipment, machinery
or apparatus will cause an accident, the Administrator may, by order,
prohibit the use or operation in any mine of such equipment, machinery or
apparatus until he determines that such equipment, machinery or apparatus
has been repaired, modified, reconditioned or altered in a manner that an
accident will thereafter be avoided.
5. The following persons are not required to be withdrawn from, or
prohibited from entering, any area of the mine subject to a withdrawal
order issued under this section:
(a) Any person whose presence in the area is necessary, in the
judgment of the operator or the Administrator, to eliminate the condition
described in the order;
(b) Any public official whose official duties require him to enter
the area; and
(c) Any consultant to any of the foregoing.
6. A notice or order issued under this section is prima facie
evidence of the culpable negligence of an operator in a criminal or civil
proceeding at law against such operator for loss of life or bodily injury
sustained because of the operator’s failure or refusal to comply with the
requirements stated in the notice or order.
[Part 5:176:1909; A 1911, 402; 1925, 13; 1947, 680; 1951, 246]—(NRS
A 1967, 600; 1975, 521; 1981, 1533)
1. Notices and orders issued pursuant to this chapter:
(a) Must contain a detailed description of the conditions or
practices which cause and constitute a situation of imminent danger or a
violation of any health or safety regulation or standard and, where
appropriate, a description of the area of the mine from which persons,
equipment, machinery or apparatus must be withdrawn and prohibited from
entering, and a description of the equipment, machinery or apparatus
prohibited from being used or operated.
(b) Must be in writing and signed by the Administrator and given
promptly to the operator of the affected mine.
(c) May be modified, vacated or terminated by the Administrator.
2. The Administrator shall furnish immediately a copy of any
notice or order issued pursuant to this chapter to the operator and to a
representative of the workers, if any, at the affected mine.
3. If an order is issued pursuant to subsection 1 of NRS 512.190
and the Mine Safety and Health
Administration of the United States Department of Labor did not
participate in the inspection on which that order is based, the
Administrator shall notify the Mine Safety and Health Administration of
the United States Department of Labor that the order has been issued.
(Added to NRS by 1975, 516; A 1979, 86; 1981, 1534)
1. Whenever any worker or a representative of the workers, if any,
has reasonable grounds to believe that a violation of a health or safety
regulation or standard exists, or an imminent danger exists, the worker
or representative of the workers may obtain an inspection by giving
notice to the Administrator of the violation or danger.
2. The notice must be in writing, signed by the worker or
representative of the workers, and a copy must be provided to the
operator no later than at the time of inspection, except that, upon the
request of the person giving notice, his name and the names of individual
workers referred to therein must not appear in the copy.
3. Upon receipt of notification by the Administrator, an
inspection in accordance with the provisions of this chapter may be made
as soon as practicable to determine if a violation or imminent danger
exists.
[7:176:1909; A 1955, 148]—(NRS A 1975, 522; 1981, 1535)
Upon the unwarrantable failure of an operator to comply or upon refusal
of an operator of any mine to comply with the requirements of any order
issued to such operator, the Administrator may immediately notify the
Attorney General of the unwarrantable failure to comply or the refusal.
The Attorney General, or the district attorney of the county in which the
mine is situated at the instigation of the Attorney General, must
thereupon immediately commence an action in the name of the State against
the operator so notified for the enforcement of the penalty designated in
NRS 512.270 .
[8:176:1909; A 1925, 13; 1947, 680; 1951, 169]—(NRS A 1975, 523;
1981, 1535)
1. Whenever a serious accident occurs in any mine in this state
subject to the provisions of this chapter, the operator shall,
immediately and by the quickest means, notify the Administrator or his
deputy, as may be most convenient, of the accident, and shall take
appropriate measures to preserve everything which might assist the
Administrator in determining the cause or causes of the accident. Except
as necessary to alleviate or eliminate any situation constituting an
imminent danger or an unwarranted danger to property, a person shall not
alter any condition which might assist the Administrator in determining
the cause or causes of the accident.
2. The Administrator may investigate fully the cause of the
accident as soon as practicable after receipt of notification.
[Part 10:176:1909; A 1947, 680; 1955, 148]—(NRS A 1975, 523; 1981,
1535; 1991, 66)
PUBLIC DOCUMENTS
Copies of regulations and standards adopted
and notices and orders issued by the Administrator pursuant to the
provisions of this chapter must be posted by the operator on a bulletin
board located in a conspicuous place at the mine.
(Added to NRS by 1975, 516; A 1981, 1536)
All information, reports, notices, orders
or findings obtained or issued under the provisions of this chapter may
be published and made available for public inspection.
(Added to NRS by 1975, 516)
PENALTIES
1. Any operator who:
(a) Violates, fails or refuses to comply with any health or safety
regulation or standard adopted by the Administrator pursuant to the
provisions of this chapter;
(b) Interferes with, hinders or delays the Administrator in
carrying out the duties required under this chapter;
(c) Refuses admission to the Administrator upon or through any mine
which is subject to the provisions of this chapter or to render
assistance;
(d) Refuses to permit the Administrator to inspect or investigate
any mine which is subject to the provisions of this chapter, or of any
accident, bodily injury, fatality or occupational illness occurring at or
connected with the mine;
(e) Refuses to furnish to the Administrator any information or
report requested by the Administrator pursuant to this chapter;
(f) Knowingly makes any false statement or representation, or fails
to make any statement or representation in any record, report or other
document filed or required to be maintained pursuant to this chapter;
(g) Refuses to permit the Administrator to inspect or investigate
any equipment, machinery, apparatus, tools or other property with respect
to its condition or manner of use at any mine subject to the provisions
of this chapter;
(h) Fails to maintain any information or report required to be
maintained pursuant to this chapter; or
(i) Violates or fails or refuses to comply with an order of
withdrawal issued pursuant to NRS 512.190 ,
Ê is guilty of a gross misdemeanor.
2. Each separate provision not complied with and each day after
conviction of failure to comply with any standard or provision or this
chapter is a separate offense and punished accordingly.
[42:176:1909; added 1911, 402; A 1925, 13; NCL § 4248]—(NRS A 1967,
601; 1971, 540; 1975, 524; 1981, 1536)
