New Mexico
Register / Volume XXXIII, Issue 9 / May 3, 2022
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 6 MINE SAFETY
PART 4 CERTIFICATION OF COAL MINE OFFICIALS
19.6.4.1 ISSUING
AGENCY: New Mexico Mining Safety Board.
[19.6.4.1 NMAC - Rp, 5/3/2022]
19.6.4.2 SCOPE: All persons
subject to NMSA 1978, Article 14, Qualifications and Duties of Coal Mine
Officials.
[19.6.4.2 NMAC - Rp, 5/3/2022]
19.6.4.3 STATUTORY AUTHORITY: Section
69-5-1 et seq., Section 69-8-1 et seq., and Section 69-14-1 et seq., NMSA 1978.
[19.6.4.3 NMAC - Rp, 5/3/2022]
19.6.4.4 DURATION: Permanent.
[19.6.4.4 NMAC - Rp, 5/3/2022]
19.6.4.5 EFFECTIVE
DATE:
May 3, 2022, unless a later date is cited at the end of a section.
[19.6.4.5 NMAC - Rp, 5/3/2022]
19.6.4.6 OBJECTIVE: The objective
of 19.6.4 NMAC is to establish rules pertaining to the certification of coal
mine officials. Officials include, but are
not limited to, mine examiners, underground mine foreman and surface mine
foreman. Officials must obtain
certification from the state mine inspector as required in Section 69-14-1 NMSA
1978. NMSA Chapter 69, Article 14 also
requires certain qualifications, that testing must be conducted, requires
recertification and lists discipline procedures.
[19.6.4.6 NMAC - Rp, 5/3/2022]
19.6.4.7 DEFINITIONS:
A. “Board” means the state mining safety board.
B. “Certificate” means a document issued by
the state mine inspector, or certifying agency from another state, allowing the
holder to be employed as a coal mine official in the state of origin.
C. “CFR” means Code of Federal
Regulations.
D. “Days” means
calendar days.
E. “Deputy state mine inspector” means a senior employee
of the New Mexico bureau of mine safety who has knowledge and understanding of
the 19.6 NMAC mine safety rules.
F. “Extended absence” means the state mine inspector cannot perform their duties
due to illness, medical condition, is on family medical leave (FMLA) or other
circumstances for a period of 30 days or longer.
G. “Inspector” means the state mine inspector.
H. “Mining engineering
graduate” means a person having a B.S. degree in mining or mineral engineering
from an accredited college or university.
I. “Official”
means coal mine official, including underground coal mine foreman, underground
coal mine examiner, general underground coal mine foreman, or surface coal mine
foreman Table in Subsection G of 19.6.4.9 NMAC.
J. “Revoke” means to permanently
invalidate a certification.
K. “Service” means providing any
document, paper or pleading to a person either personally or by certified mail,
return receipt requested.
L. “Suspend” means to invalidate a certification for a specified
period of time.
M. “Vacant”
means there is not a state mine inspector because the incumbent state mine
inspector has resigned, retired, been terminated or is decease and a new state
mine inspector has not been appointed or assumed the office.
[19.6.4.7 NMAC - Rp, 5/3/2022]
19.6.4.8 REQUIREMENT
FOR CERTIFICATION BY STATE MINE INSPECTOR: The state mine inspector shall certify, recertify or
discipline persons to act as mine foremen and mine examiners. No mine operator shall employ any person as underground
mine foreman, mine examiner or surface mine foreman unless that person has been
certified by the state mine inspector for such position.
[19.6.4.8 NMAC - Rp, 5/3/2022]
19.6.4.9 METHODS
AND REQUIREMENTS OF CERTIFICATION:
A. The
state mine inspector may recognize the foreman’s or mine examiner’s certificate
issued by another state and issue certificates accordingly when:
(1) the state mine
inspector reviews the certification requirements of another state and
determines that the requirements are equivalent or more stringent than New
Mexico’s, and are pertinent to the mining conditions found in New Mexico’s coal
mines; or
(2) an agreement of
reciprocity is signed between the state mine inspector and the director of the
certification agency from another state.
B. Persons with four or more years of
experience in or about underground coal mines, and providing underground
foreman certification from another state program or persons with four or more
years of experience in or about surface coal mines, and providing surface
foreman certification from another state program, meet the requirements for
testing.
C. The state mine inspector shall hold
written examinations, at times, dates and places to be given out at least sixty
days in advance, to all persons desiring to secure mine foreman certificates or
mine examiner certificates.
Alternatively, at the discretion of the state mine inspector, such
examinations may be administered by appointment.
D. The state mine inspector shall require that any
applicant for examination to the position of mine foreman or mine examiner
submit a completed application at least 30 days prior to the examination date
and shall meet the experience requirements of this section as summarized in
Table in Subsection G of 19.6.4.9 NMAC. The state mine inspector may require
documentation from an applicant supporting their qualification and
competency. Every person desiring to
secure an underground coal mine foreman's certificate and not already in such
position or not holding such certificate from another state shall first have
regularly performed the duties of an underground coal mine examiner for six
months and shall have at least four years of underground coal mine experience
to participate in the underground coal mine foreman's examination. Every person desiring to secure a surface coal
mine foreman’s certificate, and not already holding such certificate from
another state, shall have at least four years of surface coal mine experience
to participate in the surface coal mine foreman’s examination. A person who holds a certificate for surface
coal mine foreman who wishes to take the underground coal mine foreman test
must have a minimum of four years of experience in underground coal mine
workings. A person who holds an
underground coal mine foreman certificate and who wishes to participate in the
surface coal mine foreman examination must have at least two years of surface
coal mine experience. A person who holds
an underground coal mine foreman certificate and who wishes to participate in
the general underground coal mine foreman examination must have at least two
years of surface mine experience or two years of surface experience at an
underground mine. Every person desiring
to secure an underground coal mine examiner's certificate and not already in
such position or not holding such certificate from another state recognized by
the state mine inspector, shall have at least two years of underground
coal mine experience to
participate in the underground coal mine examiner's examination.
E. The state mine inspector may allow a mining
engineering graduate or a person with other credentials that attest to advanced
competency including applicable experience at non-coal mines to participate in
the foreman’s or examiner’s examination if the candidate meets at least
one-half of the experience requirements and all other prerequisites listed in
Subsections B and D of this section prior to taking the examination.
F. All candidates for certification or
recertification must achieve a cumulative score of eighty percent or higher on
the corresponding written exam.
G. Table in Subsection G of 19.6.4.9
NMAC is incorporated into this section as a guide to the prerequisites and
areas of responsibility for coal mine officials.
|
Certification Title |
Qualification |
Authorization |
|
Underground Coal Mine Examiner |
Two-years underground mining experience,
or One-year underground mining experience
and advanced competency, or Equivalent experience and certification
form another state |
Underground areas at underground coal
mines. |
|
Underground Coal Mine Foreman |
Four-years underground mining experience
with six months examiner experience, or Two-years underground mining experience
with six months examiner experience and advanced competency, or Equivalent experience and certification
from another state. |
Underground areas at underground coal
mines. |
|
General Underground Coal Mine Foreman |
Current NM certification as underground
coal mine foreman and two-years of experience at surface areas of underground
coal mines. |
Underground areas at underground coal
mines. Surface areas at underground coal mines. |
|
Surface Coal Mine Foreman |
Four-years surface mining experience, or Two-years surface mining experience and
advanced competency, or Equivalent experience and certification
from another state, or Current NM certification as underground
coal mine foreman and two-years of experience at surface coal mines or
surface areas of underground coal mines |
Surface coal mines Surface areas at underground coal mines |
[19.6.4.9 NMAC - Rp, 5/3/2022]
19.6.4.10 FEES FOR CERTIFICATION AND
EXAMINATION: The state mine inspector, after consultation
with the mining safety board, may impose fees for examination and certification
of officials. Current fees will be
posted with examination notice given out as required in Subsection C of 19.6.4.9
NMAC.
[19.6.4.10 NMAC - Rp,
5/3/2022]
19.6.4.11 CERTIFICATION PERIOD AND
RECERTIFICATION PROCESS:
A. Certification of officials shall be
issued for a period of five years. All
officials certified by the state mine inspector prior to June 15, 2007 shall
have their certification period extended five years. Each official is required to have retraining
as a qualified/certified person on an annual basis from the mine in which they
are employed as required in 30 CFR 75.160, 30 CFR 75.161 and 30 CFR 77.107 and
30 CFR 77.107-1. Failure to have
re-training as a qualified/certified person on an annual basis may result in
suspension of certification. Should a
certified official fail to meet the annual training requirement for any reason;
or should a certified official be absent from mine employment in New Mexico for
a period of one year or more and upon resumption of mine employment in New
Mexico; the certified official may appeal to the state mine inspector for
reinstatement of active certification.
The state mine inspector may require testing, remedial training,
interviews, evidence of applicable training, or other criteria to assure
competency before re-activating said certification.
B. Each official has the responsibility to notify the
state mine inspector of any change in address or change in mine employment
within 30 days of such change. Failure
to provide current contact information may result in suspension of
certification.
C. Certified persons may apply for
recertification within 12 months prior to the end of the certification period. Every certification shall automatically expire
on the last day of the certification period if the official has not recertified
prior to that date. The state mine
inspector may extend the certification period for an official for no more than
six months to facilitate the recertification process. Recertification will require the applicant to
submit an application and appropriate documentation as required by the state
mine inspector.
D. Recertification
may be done by taking an exam every five years, prior to certification
expiration, or an organization may submit an alternative plan for the inspector’s
approval as follows:
(1) officials taking an
exam every five years will follow the same process required for original
certification; or
(2) an organization may
submit an alternative plan, for the state mine inspector’s approval; the
alternative plan may be carried out over the five year period; the alternative
plan shall include the subjects to be covered, the minimum amount of time per
subject, the methods of instruction, and the methods of participant evaluation
during process completion; following completion, the applicant shall provide
the state mine inspector with verification that all training for the
recertification period is current; and
(3) applicants shall
submit an application, pay the applicable fee, and provide all appropriate documentation
as required by the state mine inspector, before receiving recertification.
E. Underground coalmine examiners may fulfill the
recertification by successfully completing the examination for underground coal
mine foreman certification or recertification.
[19.6.4.11 NMAC - Rp, 5/3/2022]
19.6.4.12 refusal
to certify or recertify and suspension or revocation of certification:
A. The inspector may refuse to certify or recertify
or may suspend or revoke any certification held or applied for under 19.6.4
NMAC upon grounds that the applicant or certified person:
(1) gave false or forged evidence to the
inspector to obtain certification;
(2) is grossly negligent or incompetent
in duties as a certified person;
(3) has failed to maintain certification;
(4) has violated or aided or abetted any
person in a violation of the Federal Mine Safety and Health Act of 1977 or the
New Mexico mine safety laws; or
(5) has been
disciplined by a state mine regulatory authority in another state that certifies mine personnel.
B. If
the inspector contemplates taking any of the actions described in Subsection A
of 19.6.4.12 NMAC for any of the reasons provided in that subsection, the
inspector shall provide written notice to the applicant or certified person. The notice shall include a statement that the
inspector has sufficient evidence that, if not rebutted or explained, will
justify the inspector in taking the contemplated action, that indicates the
general nature of the evidence and that provides the applicant or certified
person at least 20 days to submit written evidence to rebut or explain the
allegations.
C. If, after the response period ends,
the state mine inspector takes any action of a type specified in Subsection B
of 19.6.4.12 NMAC, the inspector shall serve upon the applicant or certified
person a written notice of the action containing a statement that the applicant
or certified person may file a petition for review with the mining safety board
pursuant to the Mining Safety Act 69-8-1 NMSA 1978.
[19.6.4.12 NMAC - Rp,
5/3/2022]
19.6.4.13 APPEAL
to mining safety board OF CERTIFICATION ACTIONS BY INSPECTOR TO MINing SAFETY
BOARD: An
appeal of an inspector’s action may be made to the board by the person affected
by the action.
A. A person
affected by the inspector’s action shall file a written petition for review of
the action within
twenty days after service of the action.
Unless a timely written appeal for review is made, the action of the
inspector shall be final and not subject to judicial review.
B. The
petition shall be filed in writing with the chair of the board or the chair’s
designee, and include the action number and the name of the appellate.
C. If a timely petition is made, the board shall consider the
petition at a hearing held no sooner than thirty days and no more than ninety
days after receipt of the written petition.
The board shall notify the petitioner and the inspector of the date,
time and place of the hearing at which the petition will be considered.
D. No
board member with any financial interest affected or potentially affected by
the outcome of an adjudicatory proceeding may serve as a hearing officer in
that proceeding or otherwise participate in the hearing. All board members shall adhere with the Governmental
Conduct Act.
E. The board shall review the record compiled before
the inspector and shall allow any party to submit arguments at the hearing.
F. Within 20 days following the hearing the board
shall render a written decision affirming, modifying or reversing the action of
the inspector, and stating reasons for that action. The decision shall be signed by the board
chair or the chair’s designee, and shall be served on both parties within 30
days after the decision is rendered and signed.
A person who is adversely affected by a decision of the board pursuant
to this section may appeal to the district court pursuant to the provisions of
Section 39-3-1.1 NMSA 1978.
[19.6.4.13 NMAC - Rp,
5/3/2022]
19.6.4.14 CERTIFICATION
OF COAL MINE OFFICIALS IN THE EVENT THE POSITION OF STATE MINE INSPECTOR IS
VACANT: In the event the
position of the state mine inspector is vacant, or during an extended absence
of the state mine inspector, in order to provide timely certification and
prevent a lapse between recertification of coal mine officials, the
certification and recertification, or refusal to certify or recertify and
suspension or revocation of certification, as required in 19.6.4.9 NMAC and
19.6.4.12 NMAC shall be completed by a deputy state mine inspector.
[19.6.4.14
NMAC - N, 5/3/2022]
HISTORY OF 19.6.4
NMAC: 19.6.4 NMAC - Certification Of Coal Mine
Officials filed 8/29/2008, Repealed effective 5/3/2022.
Other History: 19.6.4
NMAC - Certification Of Coal Mine Officials filed 8/29/2008, was Replaced by
19.6.4 NMAC - Certification Of Coal Mine Officials effective 5/3/2022.