Ohio Administrative Code
Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral
Chapter 1501:14-2 - Mine Safety
Section 1501:14-2-09 - Requirements governing the reporting and investigation of accidents and injuries for surface mining operations that are not inspected by MSHA

(1)

(2) A lost-time accident other than a life-threatening injury that occurs at a surface mining operation that is not inspected by MSHA shall be reported to the chief, in writing on a form provided by the chief, within ten days after the lost-time accident occurs, and send to "Mine Safety Section, Division of Minerals Resources Management, Ohio Department of Natural Resources, 2045 Morse Road, Building H, Columbus, OH 43229."

(1) Upon receipt of notice that a fatality or a life-threatening injury has occurred at an operation, the chief will conduct an investigation to determine the events surrounding and causes of the fatality or life-threatening injury.

(2) If the chief conducts an investigation pursuant to this rule, the operator shall, during the investigation, provide the chief, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable.

(3) The chief will prepare a report of the investigation, including a determination of whether such fatality or injury occurred as a result of an unsafe condition or a practice at the operation. Within seven days of the completion of the fatality or life-threatening injury investigation report, the chief will provide the operator and, if applicable, the authorized representative of the miners at the operation, with a copy of the investigation report.

(1) If the chief determines that a fatality or a life-threatening injury of a miner has occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief will immediately provide the operation with written notice that the operation will be inspected once every three months for a period of two years for a fatality in accordance with division (C) of section 1514.41 of the Revised Code or that the operation will be inspected once every three months for a period of one year for a life-threatening injury in accordance with division (D) of section 1514.41 of the Revised Code. The notice shall contain:

(2) If a fatality or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief will, as soon as practicable, conduct a mine safety inspection of the operation in accordance with sections 1514.41 and 1514.43 of the Revised Code and these rules. A request for reconsideration pursuant to paragraph (D) of this rule will not cause a delay in the conduct of this mine safety inspection.

(1) Within thirty days of receipt of the notification required by paragraph (C) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that a fatality of a miner or a lifethreatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) Within fourteen days of receipt of an operator's request for reconsideration under paragraph (D)(1) of this rule, the chief will provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation, with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision under paragraph (D)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. An operator shall not file an appeal with the reclamation commission of the chief's decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation without first requesting reconsideration as provided by paragraph (D)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.