Action by Administrator when inspection reveals dangerous conditions or violations
- notice or order prima facie evidence of culpable negligence of operator.
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, the Administrator 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(a)Requiring the operator to cause all persons except those referred to in subsection 5, to be withdrawn immediately from and prohibited from entering the area where such danger exists until the Administrator determines that such imminent danger no longer exists.
(b)Prohibiting such equipment, machinery or apparatus to be used or operated until the Administrator 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, the Administrator 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,
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, the Administrator 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to cause all persons in the area affected by such violation, except those persons referred to in subsection 5, to be withdrawn from and prohibited from entering the area until the Administrator determines that such violation has been abated.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, the Administrator 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 or she 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 or her 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.
Section 512.190 — Action by Administrator when inspection reveals dangerous conditions or violations; notice or order prima facie evidence of culpable negligence of operator.,