NRS 512.151 Duties:Educational and training programs; technical assistance to operators;collection of information and statistics; acceptance and administration ofgrants.

SAFETY: ACCIDENTS; INSPECTIONS; REPORTS

NRS 512.160 Recordsand reports of operators.

NRS 512.170 Annualinspection and investigation of mines by Administrator; posting of recommendations.

NRS 512.180 Powerof Administrator to inspect mines; operator to render assistance; advancenotice of inspection prohibited; participation by representative of workers.

NRS 512.190 Actionby Administrator when inspection reveals dangerous conditions or violations;notice prima facie evidence of culpable negligence.

NRS 512.195 Noticesand orders: Contents; distribution of copies.

NRS 512.200 Workersmay request inspection of mine; conditions.

NRS 512.210 Administratorto notify Attorney General on failure or refusal of operator to comply withorder; action by Attorney General.

NRS 512.220 Seriousaccidents: Notice to Administrator; duties of operator and other persons;investigation of cause.

PUBLIC DOCUMENTS

NRS 512.231 Copiesof regulations, standards, notices and orders to be posted by operator.

NRS 512.241 Publicationand inspection of information, reports, notices, orders and findings.

PENALTIES

NRS 512.270 Prohibitedacts; separate offenses.

_________

GENERAL PROVISIONS

NRS 512.002 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS512.003 to 512.009, inclusive, havethe meanings ascribed to them in such sections.

(Added to NRS by 1975, 514)

NRS 512.003 Accidentdefined. Accident means any unplanned eventwhich caused or could have caused death or bodily injury or which endangered orcould have endangered human life and includes any mine fire, mine explosion,mine ignition, unplanned initiation of explosives, entrapment or falls ofground or inundation by water, dust or gas.

(Added to NRS by 1975, 515)

NRS 512.004 Administratordefined. Administrator means the Administratorof the Division of Industrial Relations of the Department of Business andIndustry.

(Added to NRS by 1981, 1530; A 1993, 1681)

NRS 512.005 Imminentdanger defined. Imminent danger means theexistence of any condition or practice in a mine which could reasonably beexpected to cause death or serious physical harm to any worker if mineoperations were to proceed in the affected area or if workers were to enter theaffected area before the condition or practice was eliminated.

(Added to NRS by 1975, 515)

NRS 512.006 Minedefined. Mine means:

1. An area of land:

(a) Where exploration is conducted to discover ordelineate minerals or mineral commodities in any deposit;

(b) Where development is conducted to prepare or openany deposit of minerals or mineral commodities other than solid fuels forextraction; or

(c) Where exploitation or extraction of minerals ormineral commodities other than solid fuels is conducted from any deposit;

2. Private ways and roads appurtenant to such areas;

3. Structures, equipment, machinery, apparatus orother property, upon the surface or underground, used or to facilitate the workof exploring, developing or extracting minerals or mineral commodities otherthan solid fuels in or from any deposit; or

4. Beneficiation plants, mills, smelters, refineriesor other property used or to facilitate the treatment or reduction of anyminerals or mineral commodities, whether or not contiguous to an area whereexploitation or extraction of minerals or mineral commodities is conducted fromany deposit.

(Added to NRS by 1975, 515)

NRS 512.007 Operatordefined. Operator means any person or organizationoperating, controlling or supervising a mine and owning the right to do so, andincludes any individual, owner, lessor, lessee, agent, manager, workman,contractor, subcontractor, independent contractor, partnership, association orcorporation or subsidiary of a corporation charged with the responsibility forthe operation of such mine.

(Added to NRS by 1975, 515)

NRS 512.008 Unwarrantablefailure of an operator to comply defined. Unwarrantablefailure of an operator to comply means the failure of an operator to preventthe occurrence of or to abate a violation of a health or safety standard orregulation adopted pursuant to the provisions of this chapter due toindifference, lack of diligence or lack of reasonable care.

(Added to NRS by 1975, 515)

NRS 512.009 Workerdefined. Worker means any individual workingfor wages or other compensation, whether or not employed by an operator.

(Added to NRS by 1975, 515)

ADMINISTRATOR

NRS 512.020 Qualificationsof employees.

1. Any person employed by the Administrator pursuantto the provisions of this chapter must not:

(a) Be an officer, director or employee, or have anypersonal or private interest in any operating mine, mill, smelter or orereduction plant or the products thereof;

(b) Hold, directly or indirectly, any financialinterest in any company, partnership, organization or corporation or subsidiaryof a corporation, which owns, operates or has a financial interest in any mineswhich are subject to the provisions of this chapter; or

2. A person appointed as the Assistant Administratorresponsible 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;

(d) Smelters,

at least 3years 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)

NRS 512.090 Office. The Administrator is entitled to be provided with aproperly furnished office in Carson City, Nevada.

[Part 6:176:1909; A 1917, 29; 1919 RL 4203; NCL 4213](NRS A 1981, 1531)

NRS 512.120 Authorityregarding employees and representatives. TheAdministrator may:

1. Employ necessary clerks, technicians, specialists,engineers or consultants.

2. Authorize representatives to perform all dutiesrequired of him.

[Part 2:176:1909; A 1925, 230; 1945, 244; 1943 NCL 4209](NRS A 1975, 518; 1981, 1531; 1985, 434; 1991, 66)

NRS 512.131 Regulations:Adoption; copies to be furnished operators and representatives of workers.

1. The Administrator may adopt any regulations formine health and safety he deems necessary and which are consistent with theFederal Mine Safety and Health Act (30 U.S.C. 801 et seq.), as amended.

2. The Administrator shall forward a copy of everyregulation adopted under this section to the operator of each mine and to therepresentative of the workers, if any, at the mine. Failure to receive a copyof 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)

NRS 512.140 Reports. The Administrator shall submit annually to the Governor,as soon as practicable after the beginning of each calendar year, a full reportof the administration of his functions under this chapter during the precedingcalendar year. The report must include, either in summary or detailed form, theinformation obtained by him under this chapter together with such findings andcomments thereon and such recommendations as he may deem proper.

[11:176:1909; A 1951, 169](NRS A 1975, 518; 1981, 1531)

NRS 512.151 Duties:Educational and training programs; technical assistance to operators;collection of information and statistics; acceptance and administration ofgrants.

1. The Administrator shall:

(a) Develop and conduct programs for the education andtraining of operators and workers in the recognition, avoidance and preventionof accidents or unsafe or unhealthful working conditions in mines which aresubject to the provisions of this chapter;

(b) To the greatest extent possible, provide technicalassistance to operators in meeting the requirements of this chapter and infurther improving the health and safety conditions and practices in mines whichare subject to the provisions of this chapter; and

2. The Administrator may accept and administer grantsand other money received from any private or public source, including theFederal Government, for the purposes of administering the provisions of thischapter.

(Added to NRS by 1975, 515; A 1979, 85; 1981, 1532)

SAFETY: ACCIDENTS; INSPECTIONS; REPORTS

NRS 512.160 Recordsand reports of operators.

1. Operators shall maintain records and reports andshall submit, at least annually and at such other times as the Administratordeems 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 analyzeand may publish, either in summary or detailed form, the information obtainedpursuant to the provisions of subsection 1.

3. Operators shall notify the Administrator beforeopening and upon closing mine operations. The notice must include the name andlocation of the mine, the name and address of the operator, the name of theperson in charge of the operation, a statement of whether the operation will becontinuous or intermittent, and upon closing, a statement of whether the closingis temporary or permanent.

[Part 6:176:1909; A 1917, 29; 1919 RL 4203; NCL 4213](NRS A 1975, 519; 1979, 85; 1981, 1532)

NRS 512.170 Annualinspection and investigation of mines by Administrator; posting ofrecommendations. At least once a year and atsuch other times as required the Administrator, or his designee, shall visiteach mining county in this state and thoroughly inspect and investigate allsuch mines therein as, in his judgment, may require inspection andinvestigation for the purposes of:

1. Determining whether there has been compliance withhealth and safety regulations or standards adopted or notices or orders issuedpursuant 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 insuch mines;

4. Determining if there are dangerous conditions orpractices with respect to the condition or manner of use of equipment,machinery or apparatus; and

5. Obtaining such other information for any otherpurpose as he may deem advisable.

[Part 4:176:1909; A 1915, 9; 1955, 148](NRS A 1975,520; 1981, 1532)

NRS 512.180 Powerof Administrator to inspect mines; operator to render assistance; advancenotice of inspection prohibited; participation by representative of workers.

1. The Administrator may enter all mines in this statesubject to the provisions of this chapter, for the purposes of inspections,investigations or access to records and reports required to be maintained orfor any other purpose necessary in the proper discharge of his official duties.Operators shall render the Administrator such assistance as may be required toenable him to make a full, thorough and complete inspection or investigation ofeach and every part of such mine or mines. No advance notice of an inspectionmust be provided to any operator, worker, or representative of the workers, ifany, at such mine.

2. At the commencement of any inspection of a mine bythe Administrator, the authorized representative of the workers at the minemust be given an opportunity to accompany the Administrator on the inspectionand to participate in any conference held at the conclusion of the inspection.If there is no representative of the workers, the Administrator shall consultwith a reasonable number of workers concerning matters of health and safety atthe mine.

[Part 5:176:1909; A 1911, 402; 1925, 13; 1947, 680;1951, 246](NRS A 1967, 600; 1971, 141; 1975, 520; 1981, 1533)

NRS 512.190 Actionby Administrator when inspection reveals dangerous conditions or violations;notice prima facie evidence of culpable negligence.

1. Whenever, as the result of the inspection of anymine, the Administrator finds that an imminent danger exists in the mine orwith respect to the condition or manner of use of equipment, machinery orapparatus, he shall thereupon issue an order:

(a) Requiring the operator to cause all persons exceptthose referred to in subsection 5, to be withdrawn immediately from andprohibited from entering the area where such danger exists until he determinesthat such imminent danger no longer exists.

(b) Prohibiting such equipment, machinery or apparatusto be used or operated until he determines that such imminent danger no longerexists.

2. If, upon any inspection of a mine, theAdministrator finds that there has been a violation of any health or safetyregulation or standard adopted pursuant to the provisions of this chapter, butthe violation has not created an imminent danger, he shall issue a notice tothe operator fixing a reasonable time for the abatement of the violation. Ifthe Administrator subsequently finds:

(a) Upon the expiration of the period of time asoriginally fixed or extended for the abatement of the violation, that theviolation has not been totally abated and that the period of time should not befurther extended; or

(b) Another violation of any health or safetyregulation or standard caused by failure of an operator to prevent theoccurrence of such violation due to indifference, lack of diligence or lack ofreasonable care, during the same inspection or any subsequent inspection within90 days after the issuance of the notice,

he shallforthwith issue an order requiring the operator to cause all persons in thearea affected by such violation, except those persons referred to in subsection5, to be withdrawn from and prohibited from entering the area until hedetermines that such violation has been abated.

3. If the Administrator finds a violation of a healthand safety regulation or standard within 30 days following the abatement of aviolation which resulted in the issuance of a withdrawal order under paragraph(b) of subsection 2, he shall forthwith issue an order requiring the operatorto cause all persons in the area affected by such violation, except thosepersons referred to in subsection 5, to be withdrawn from and prohibited fromentering the area until he determines that such violation has been abated.

4. If, as a result of any investigation of anyaccident occurring in a mine or as a result of any other investigation or testsperformed 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 orapparatus until he determines that such equipment, machinery or apparatus hasbeen repaired, modified, reconditioned or altered in a manner that an accidentwill thereafter be avoided.

5. The following persons are not required to bewithdrawn from, or prohibited from entering, any area of the mine subject to awithdrawal 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 thecondition described in the order;

(b) Any public official whose official duties requirehim to enter the area; and

6. A notice or order issued under this section isprima facie evidence of the culpable negligence of an operator in a criminal orcivil proceeding at law against such operator for loss of life or bodily injurysustained because of the operators failure or refusal to comply with therequirements 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)

NRS 512.195 Noticesand orders: Contents; distribution of copies.

1. Notices and orders issued pursuant to this chapter:

(a) Must contain a detailed description of theconditions or practices which cause and constitute a situation of imminentdanger or a violation of any health or safety regulation or standard and, whereappropriate, a description of the area of the mine from which persons,equipment, machinery or apparatus must be withdrawn and prohibited fromentering, and a description of the equipment, machinery or apparatus prohibitedfrom being used or operated.

(b) Must be in writing and signed by the Administratorand given promptly to the operator of the affected mine.

2. The Administrator shall furnish immediately a copyof any notice or order issued pursuant to this chapter to the operator and to arepresentative 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 HealthAdministration of the United States Department of Labor did not participate inthe inspection on which that order is based, the Administrator shall notify theMine Safety and Health Administration of the United States Department of Laborthat the order has been issued.

(Added to NRS by 1975, 516; A 1979, 86; 1981, 1534)

NRS 512.200 Workersmay request inspection of mine; conditions.

1. Whenever any worker or a representative of theworkers, if any, has reasonable grounds to believe that a violation of a healthor safety regulation or standard exists, or an imminent danger exists, theworker or representative of the workers may obtain an inspection by givingnotice to the Administrator of the violation or danger.

2. The notice must be in writing, signed by the workeror representative of the workers, and a copy must be provided to the operatorno later than at the time of inspection, except that, upon the request of theperson giving notice, his name and the names of individual workers referred totherein 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 assoon as practicable to determine if a violation or imminent danger exists.

[7:176:1909; A 1955, 148](NRS A 1975, 522; 1981,1535)

NRS 512.210 Administratorto notify Attorney General on failure or refusal of operator to comply withorder; action by Attorney General. Upon theunwarrantable failure of an operator to comply or upon refusal of an operatorof any mine to comply with the requirements of any order issued to suchoperator, the Administrator may immediately notify the Attorney General of theunwarrantable failure to comply or the refusal. The Attorney General, or thedistrict attorney of the county in which the mine is situated at theinstigation of the Attorney General, must thereupon immediately commence anaction in the name of the State against the operator so notified for theenforcement of the penalty designated in NRS512.270.

[8:176:1909; A 1925, 13; 1947, 680; 1951, 169](NRS A1975, 523; 1981, 1535)

NRS 512.220 Seriousaccidents: Notice to Administrator; duties of operator and other persons;investigation of cause.

1. Whenever a serious accident occurs in any mine inthis 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 measuresto preserve everything which might assist the Administrator in determining thecause or causes of the accident. Except as necessary to alleviate or eliminateany situation constituting an imminent danger or an unwarranted danger toproperty, a person shall not alter any condition which might assist theAdministrator in determining the cause or causes of the accident.

2. The Administrator may investigate fully the causeof the accident as soon as practicable after receipt of notification.

[Part 10:176:1909; A 1947, 680; 1955, 148](NRS A1975, 523; 1981, 1535; 1991, 66)

PUBLIC DOCUMENTS

NRS 512.231 Copiesof regulations, standards, notices and orders to be posted by operator. Copies of regulations and standards adopted and noticesand orders issued by the Administrator pursuant to the provisions of thischapter must be posted by the operator on a bulletin board located in aconspicuous place at the mine.

(Added to NRS by 1975, 516; A 1981, 1536)

NRS 512.241 Publicationand inspection of information, reports, notices, orders and findings. All information, reports, notices, orders or findingsobtained or issued under the provisions of this chapter may be published andmade available for public inspection.

(Added to NRS by 1975, 516)

PENALTIES

NRS 512.270 Prohibitedacts; separate offenses.

1. Any operator who:

(a) Violates, fails or refuses to comply with anyhealth or safety regulation or standard adopted by the Administrator pursuantto the provisions of this chapter;

(b) Interferes with, hinders or delays theAdministrator in carrying out the duties required under this chapter;

(c) Refuses admission to the Administrator upon orthrough any mine which is subject to the provisions of this chapter or torender assistance;

(d) Refuses to permit the Administrator to inspect orinvestigate any mine which is subject to the provisions of this chapter, or ofany accident, bodily injury, fatality or occupational illness occurring at orconnected with the mine;

(e) Refuses to furnish to the Administrator anyinformation or report requested by the Administrator pursuant to this chapter;

(f) Knowingly makes any false statement orrepresentation, or fails to make any statement or representation in any record,report or other document filed or required to be maintained pursuant to thischapter;

(g) Refuses to permit the Administrator to inspect orinvestigate any equipment, machinery, apparatus, tools or other property withrespect to its condition or manner of use at any mine subject to the provisionsof this chapter;

(h) Fails to maintain any information or reportrequired to be maintained pursuant to this chapter; or

(i) Violates or fails or refuses to comply with anorder of withdrawal issued pursuant to NRS512.190,

is guilty ofa gross misdemeanor.

2. Each separate provision not complied with and eachday after conviction of failure to comply with any standard or provision orthis 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)

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