R616. Labor Commission, Boiler, Elevator and Coal Mine Safety.R616-4. Coal Mine Safety.
R616-4-1. Authority and Purpose.
This rule is established pursuant to authority granted the Commission by 40-2-104 and 40-2-301(2) for the purpose of improving coal mine safety, preventing coal mine accidents, and improving coal mine accident response consistent with the Coal Mine Safety Act.
R616-4-2. Definitions.
As used in this rule, the terms listed below shall have the same definition as set forth in the Coal Mine Safety Act, as follows.
(1) "Adverse action" means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
(a) discharge the person;
(b) threaten the person;
(c) coerce the person;
(d) intimidate the person; or
(e) discriminate against the person, including to discriminate in:
(i) compensation;
(ii) terms;
(iii) conditions;
(iv) location;
(v) rights;
(vi) immunities;
(vii) promotions; or
(viii) privileges.
(2) "Coal mine" means:
(a) the following used in extracting coal from its natural deposits in the earth by any means or method:
(i) the land;
(ii) a structure;
(iii) a facility;
(iv) machinery;
(v) a tool;
(vi) equipment;
(vii) a shaft;
(viii) a slope;
(ix) a tunnel;
(x) an excavation; and
(xi) other property; and
(b) the work of preparing extracted coal, including a coal preparation facility.
(3) "Commission" means the Labor Commission created in 34A-1-103.
(4) "Commissioner" means the commissioner appointed under 34A-1-201.
(5) "Council" means the Mine Safety Technical Advisory Council created in 40-2-203.
(6) "Director" means the Director of the Utah Office of Coal Mine Safety appointed under 40-2-202.
(7) "Major coal mine accident" means any of the following (but not limited too) at a coal mine located in Utah:
(a) a mine explosion;
(b) a mine fire;
(c) the flooding of a mine;
(d) a mine collapse; or
(e) the accidental death of an individual at a mine.
(8) "Mine Safety and Health Administration" and "MSHA" means the federal Mine Safety and Health Administration within the United States Department of Labor.
(9) "Office" means the Utah Office of Coal Mine Safety created in 40-2-201.
(10) "Unsafe condition" means a danger that reasonably could be expected to cause serious harm to a person or property.
R616-4-3. Examining Coal Mines.
(1) Pursuant to 34A-1-406 and other provisions of Utah Law, representatives of the Utah Labor Commission are authorized to enter places of employment, including coal mines, for purposes of "examining the provisions made for the health and safety of the employees in the place of employment."
(2) If the Director of the Office of Coal Mine Safety determines that the safety of an employee is or will be endangered by activities or conditions in a coal mine, the Director may:
(a) notify the employee and mine management of the danger and specify actions necessary to remedy the danger;
