Current through all regulations passed and filed through March 18, 2024
(A)
(1) The
operator of a surface mining operation shall employ a certified mine foreperson
to be in charge of the conditions and practices at the mine and to be
responsible for conducting examinations of the surface mining operation under
30 C.F.R. part 56, as amended.
(2)
Examinations of surface mining operations for the purposes of 30 C.F.R. part
56, as amended, shall be conducted by one of the following:
(a) A certified mine foreperson;
(b) A person who is qualified to conduct such
examinations as provided in division (D) of section
1514.47 of the Revised Code and
paragraph (C) of rule
1501:14-2-08 of the
Administrative Code;
(c) A person
designated by the certified mine foreperson as a competent person.
(3) For purposes of this rule, a
competent person is a person who has been trained in accordance with 30 C.F.R.
part 46 and been determined by a certified mine foreperson to have demonstrated
the ability, training, knowledge, or experience necessary to perform the duty
to which the person is assigned. A person is not a competent person if the
chief demonstrates, with good cause, that the person does not have the ability,
training, knowledge, or experience necessary to perform that duty.
(4) The operator of a surface mining
operation shall maintain records demonstrating that a competent person
designated by a certified mine foreperson has the ability, training, knowledge,
or experience to perform the duty to which the person is assigned as well as
records of the competent person's training in accordance with 30 C.F.R. part 46
. The operator shall make the records available to the chief upon
request.
(B)
Qualifications, fees and procedures governing the examination for certification
as a mine foreperson for surface mines.
(1) A
person who applies for certification as a mine foreperson shall be able to read
and write the English language and shall have at least two years' experience
working with or under the direction of a certified mine foreperson.
(2) Persons may be certified for either or
both of the following:
(a) Sand and gravel
mine foreperson for surface mining operations permitted under Chapter 1514. of
the Revised Code and these rules which do not use explosives.
(b) Quarry mine foreperson, which shall be
valid for all surface mining operations permitted under Chapter 1514. of the
Revised Code and these rules.
(3) An applicant for certification as a mine
foreperson shall file an application for certification with the chief,
including a notarized affidavit establishing the applicant's qualifications as
set forth in paragraph (B)(1) of this rule, to take the certified mine
foreperson examination. An applicant may apply for certification as both a sand
and gravel foreperson and a quarry mine foreperson. Such application and
affidavit shall be made on a form prescribed by the chief.
(4) The chief
will conduct
mine foreperson certification examinations as often as practical in accordance
with these rules.
(5) The chief
will
grade each examination, and certify an applicant attaining a grade of seventy
per cent or higher on each portion of the examination.
(6) An applicant not attaining a passing
grade on one part of the examination may apply to be retested on that part
only.
(7) An applicant not
attaining a passing grade on two or more parts of the examination shall wait at
least thirty days before reapplying for examination. An applicant not attaining
a passing grade on two or more parts of the examination shall retake the entire
examination.
(8) A certificate
issued under paragraph (B) of this rule after September 29, 2015, shall not
expire unless, as provided in division (C)(1) of section
1514.47 of the Revised Code and
paragraph (E)(3) of this rule, the certificate holder has not been employed in
a surface mining operation for five consecutive years.
(C) Temporary certification of mine
foreperson. An operator may submit a request to the chief, on a form provided
by the chief, asking for temporary certification for one of his or her
employees who is within six months of having accumulated the required
experience for certification as a sand and gravel foreperson or a quarry mine
foreperson so that the employee may act in the capacity of a certified sand and
gravel foreperson or a certified quarry mine foreperson on a temporary basis
until such time as the applicant has accumulated the minimum necessary
experience.
(1) The recipient of a temporary
certification may apply for and take the examination for certification,
administered under paragraph (B) of this rule, during the period within which
the individual has a temporary certification. If the applicant passes the
examination and, upon completion of all eligibility requirements, submits the
required information on a notarized form provided by the chief documenting the
accrual of the balance of the required experience, the chief
will
issue the applicant a mine foreperson certification.
(2) Temporary certification as a mine
foreperson
is valid for a maximum of six months. If the
individual holding a temporary certification does not pass the examination by
the end of the six-month period, the temporary certification
will
expire and the applicant shall cease performing all duties of a certified mine
foreperson.
(3) If the individual
holding a temporary certification has applied to take the examination for
certification and the application to take the examination has been postmarked
by midnight of the expiration date of the temporary certification, the
temporary certification remains in effect until the date of the next
certification examination scheduled by the division of mineral resources
management. The division will notify the applicant of the examination date. If
the applicant does not take the next scheduled examination or does not pass
that examination, the temporary certification will expire and the applicant
shall cease performing all duties of a certified mine foreperson.
(4) No person
is eligible
to receive temporary certification more than one time unless the chief
determines that exigent circumstances warrant otherwise.
(5) The chief may waive any part of the
requirements for temporary certification if the chief determines exigent
circumstances so warrant.
(D) A copy of each mine foreperson
certificate and temporary certificate shall be kept at the mine site and made
available to the chief upon request.
(E) Qualifications, fees and procedures
governing the reissuance and expiration of mine foreperson certification.
(1) If a person holds a certificate issued
under paragraph (B) of this rule that has not expired prior to September 29,
2015, the chief, upon request,
will reissue to the person a certificate that
does not expire.
(2) If a person
holds a certificate issued under this rule that expired on or after April 7,
2012, and has not been issued a new certificate prior to September 29, 2015,
the chief, upon request,
will issue to that person a certificate that does
not expire, provided that the person is in compliance with all other applicable
requirements established in Chapter 1514. of the Revised Code and rules adopted
under it. An applicant for reissuance of a mine foreperson certification
pursuant to this paragraph shall file an application for reissuance with the
chief, on a form prescribed by the chief.
(3) A mine
foreperson certificate issued pursuant to section
1514.47 of the Revised Code and
this rule shall not expire unless the certificate holder has not been employed
in a surface mining operation for five consecutive years. If the certificate
holder has not been employed in a surface mining operation for five consecutive
years, the certificate holder may retake the mine foreperson examination and
fulfill the other certification requirements of division (B) of section
1514.47 of the Revised Code and
paragraph (B) of this rule, or may petition the chief to accept past employment
history in lieu of being employed in a surface mining operation for five
consecutive years. The petition shall be made on a form prescribed by the chief
and include a notarized affidavit
establishing the certificate holder's qualifications as set forth in paragraph
(B)(1) of this rule. The certificate holder shall submit with the petition
copies of training records verifying that within the past twelve months the
certificate holder has received annual refresher training as required in rules
adopted and incorporated by reference pursuant to division (A) of section
1514.40 of the Revised Code. The
chief
will grant or deny the petition by issuance of an
order. If the chief denies the petition, the
certificate holder may apply for a new certificate by retaking the mine
foreperson examination and fulfilling the other certification requirements of
division (B) of section
1514.47 of the Revised Code and
paragraph (B) of this rule.
(4) If
a certificate holder has not been employed in a surface mining operation for
five consecutive years,
they shall not perform the duties of a certified
mine foreperson unless the chief reissues
their certificate pursuant to
division (C)(1) of section
1514.47 of the Revised Code and
paragraph (E)(3) of this rule or the chief issues him or her a new certificate
pursuant to division (B) of section
1514.47 of the Revised Code and
paragraph (B) of this rule.
(F)
(1) If
a certificate, including a temporary certificate, issued under this rule is
suspended, the certificate
will not be renewed or reissued until the
suspension period expires and the person whose certificate is suspended
successfully completes all actions required by the chief. If an applicant's
license, certificate, or similar authority that is issued by another state to
perform specified mining duties is suspended or revoked by that state, the
applicant shall be ineligible for a certification test or for renewal or
reissuance of a certificate, including a temporary certificate, in this state
during that period of suspension or revocation.
(2) A certificate, including a temporary
certificate, issued under this rule that has been revoked
will
not be renewed or reissued.
(G) If a person who has been certified by the
chief under section 1514.47 of the Revised Code and
this rule purposely violates Chapter 1514. of the Revised Code or Chapters
1501:14-1 to 1501:14-6 of the Administrative Code, the chief may suspend or
revoke the certificate after an investigation and hearing conducted in
accordance with Chapter 119. of the Revised Code are completed.