Bill Text: MI HB6403 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Occupations: inspectors; duties of inspector of mines; revise to include only active ferrous mineral mines. Amends secs. 1, 6, 7, 8 & 8a of 1911 PA 163 (MCL 425.101 et seq.) & repeals sec. 2 of 1911 PA 163 (MCL 425.102).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-09-27 - Bill Electronically Reproduced 09/22/2022 [HB6403 Detail]
Download: Michigan-2021-HB6403-Introduced.html
HOUSE BILL NO. 6403
A bill to amend 1911 PA 163, entitled
"An act to provide for the election of inspectors of mines in certain cases and the appointment of their deputies, for the appointment of such inspectors of mines and their deputies until the election and qualification of the first inspectors of mines, to prescribe their powers and duties and to provide for their compensation, and to repeal Act No. 213 of the Public Acts of 1887,"
by amending sections 1, 6, 7, 8, and 8a (MCL 425.101, 425.106, 425.107, 425.108, and 425.108a), sections 1 and 8 as amended by 1984 PA 116; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 1. (1) There In a county of this state where there is an active ferrous mineral mine situated, an inspector of mines shall be elected at the general election in the year 1968, and at the general election held every fourth year thereafter an inspector of mines for the term of 4 years in any county within this state where there are iron or copper mines situated, some after that year. The inspector of mines shall serve for a term of 4 years.
(2) In a county of this state where there is an active ferrous mineral mine situated, the inspector of mines elected under subsection (1) must meet all of the following requirements:
(a) Be a suitable person who is a citizen of this state. , who can read and write the English language, and who has had
(b) Have at least 10 years' actual experience in mining, or a person holding hold the degree of mining engineer , or an equivalent degree. , and who shall have
(c) Have practiced his or her profession as a mining engineer for at least 2 years.
(3) Inspectors of mines shall not, during their term of office, accept employment or be employed by any mining company or any subsidiary or affiliate thereof. A person of a mining company.
(4) An individual elected to any other public office shall is not be eligible for election as an inspector of mines , nor or for appointment as a deputy inspector.
Sec. 6. (1) The Subject to the approval of the board of supervisors of the county in which an inspector of mines is elected, the inspector of mines when so elected may appoint 1 or not more than 3 deputy inspectors , not exceeding 3, as in his judgment may be necessary for the purpose of discharging in the inspector of mines' judgment to discharge the duties hereinafter prescribed under this act. , and
(2) The inspector of mines may revoke such appointments at his pleasure. Any and all such the appointment of a deputy inspector.
(3) A deputy inspectors inspector in any county shall be is under the supervision of the inspector of mines of the relevant county, and their the deputy inspector's duties shall be are prescribed by him.the inspector of mines.
Sec. 7. The board of supervisors in each county where an inspector of mines is so elected or appointed shall fix do both of the following:
(a) Establish the compensation of such the inspector of mines and his deputy or deputies, and provide inspector.
(b) Provide for the payment of the same: Provided, That the compensation of the inspector of mines shall not be less than $15.00 per day, and that of the deputy inspectors shall not be less than $10.00 per day for each day actually employed in the performance of their official duties: Provided further, That the compensation of inspectors and deputy inspectors shall not be paid more than 5 days in any week.compensation.
Sec. 8. (1) The duties of the mine an inspector shall be to visit of mines include, but are not limited to, all of the following:
(a) Visit all of the active ferrous mineral mines of his or her in the inspector of mines' county once in every 60 days, quarterly and more often if in his or her judgment necessary , and closely according to the inspector of mines.
(b) Closely inspect the mines. so visited, and condemn
(c) Condemn all such places where he or she shall find that the inspector of mines determines the employees of the mine are in danger from any cause, whether resulting from careless mining or defective machinery or appliances or improper or unsafe methods of any nature.
(2) The mine inspector of mines shall work with the department of environment, Great Lakes, and energy or the Mine Safety and Health Administration, or both, to compel the erection of a partition between all shafts where hoisting of ore is performed and where there are ladder ways , where persons must individuals ascend and descend going to and from their work.
(3) If the mine inspector shall find of mines determines that a place is dangerous from any cause as aforesaid, described under subsection (1)(c), the mine inspector of mines shall immediately do all of the following:
(a) Immediately order the persons individuals engaged in work at that place to quit work. , and shall notify
(b) Notify the superintendent, agent, or person in charge to secure the place from the existing danger , which notification or order shall be in writing and shall in writing. The notification or order must clearly define the limits of the dangerous place and specify the work to be done or change to be made to render the same place secure, ordinary mine risks excepted. The mine inspector shall also command
(c) Command the person , persons, or corporation working any active ferrous mineral mine, or the agent, superintendent, foreman, or other person having immediate charge of the working of any active ferrous mineral mine, to furnish all shafts and open pits of the active ferrous mineral mine with some a secure safeguard at the top of the shaft or open pit so as to guard against accident by persons individuals falling therein into the shaft or open pit or by material falling down the mine, also and furnish a covering on all the carriages on which persons individuals ascend or descend up and down the shaft, if in the inspector's inspector of mines' judgment it shall be is practicable and necessary for the purpose of safety. If a mine is idle or abandoned, the mine inspector shall notify the person, persons, or corporation owning the land on which the mine is situated, or the agent of such owner or owners, to erect and maintain around all the shafts and open pits of the mine a fence or railing suitable to prevent persons or domestic animals from accidentally falling into the shafts or open pits. This notice shall be in writing and shall be served upon the owner, owners, or agent, personally or by leaving a copy at the residence of the owner or agent, if they or any of them reside in the county where the mine is situated, and if the owner, owners, or agents are none of them residents of the county the notice may be given by publication in 1 or more newspapers printed and circulated in the county if there be one, and by registered letter, and if a newspaper is not published in the county then in a newspaper published in some adjoining county for a period of 3 consecutive weeks. If the owner, owners, or agent shall not, within 30 days after receiving such notice or within 30 days after the completion of publication, erect suitable fences or railings as provided in this section, the mine inspector shall cause such suitable fences or railings to be erected and make a return of his or her doings in the case, with the description of the land or lands on which the shafts and open pits are located, together with an itemized statement of the actual expenses incurred in the case on each description of land, to the county clerk of the county, which return and statement shall be verified by the affidavit of the mine inspector. All expenses incurred under this section shall be audited by the county board of commissioners of the county, and all sums allowed by the board for such expenses shall be paid from the general fund of the county. The county clerk shall certify to the county board of commissioners at its annual meeting in each year the amount of expense incurred under this section during the preceding year and the amount belonging to each and every description of land on which any such mines are situated, and that amount shall be certified to the supervisors of the proper townships in the same manner as county taxes are certified to those supervisors, and the amount of the expense incurred as above on each description shall be assessed by the supervisors upon the description upon their assessment rolls for that year in a separate column, and shall be collected in the same manner as county taxes, and when so collected paid into the general fund of the county.
(4) An inspector of mines shall investigate and address any noise, dust, or other nuisance complaints made to the inspector of mines that are related to an active mine operation within the inspector's county.
(5) Except as provided under section 8a, an inspector of mines' duties do not include the inspection of idle or abandoned mines.
Sec. 8a. It shall be the duty of the mine The inspector to of mines shall inspect any mine before the mine is re-opened reopened and to issue a certificate of safety before any employee or person individual is permitted allowed to enter the mine. The owner of any mine , who shall direct directs or permit allows any person individual to enter a mine in violation of the provisions of this section , shall be punished by is responsible for a fine of not less than $100.00 nor $1,000.00 or more than $500.00 $5,000.00 for each and every offense.
Enacting section 1. Section 2 of 1911 PA 163, MCL 425.102, is repealed.
