TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 6 MINE SAFETY

PART 3 MINE SAFETY FOR UNDERGROUND WORKERS

19.6.3.1 ISSUING AGENCY: New Mexico State Mine Inspector.

[N, 12/31/06; 19.6.3.1 NMAC - Rn, 11.8.3.1 NMAC, 9/30/08]

19.6.3.2 SCOPE: All persons subject to NMSA 1978, Section 69-5-1 et seq and Sections 69-8-1 et seq.

[N, 12/31/06; 19.6.3.2 NMAC - Rn, 11.8.3.2 NMAC, 9/30/08]

19.6.3.3 STATUTORY AUTHORITY: NMSA 1978, Section 69-5-1 et seq and Sections 69-8-1 et seq.

[N, 12/31/06; 19.6.3.3 NMAC - Rn, 11.8.3.3 NMAC, 9/30/08]

19.6.3.4 DURATION: Permanent.

[N, 12/31/06; 19.6.3.4 NMAC - Rn, 11.8.3.4 NMAC, 9/30/08]

19.6.3.5 EFFECTIVE DATE: December 31, 2006, unless a later date is cited at the end of a section.

[N, 12/31/06; 19.6.3.5 NMAC - Rn, 11.8.3.5 NMAC, 9/30/08]

19.6.3.6 OBJECTIVE: The objective of Part 3 of 19.6 NMAC is to establish general requirements for all underground mine workers.

[N, 12/31/06; 19.6.3.6 NMAC - Rn, 11.8.3.6 NMAC, 9/30/08]

19.6.3.7 DEFINITIONS: [Reserved]

[N, 12/31/06; 19.6.3.7 NMAC - Rn, 11.8.3.7 NMAC, 9/30/08]

19.6.3.8 REQUIREMENTS FOR UNDERGROUND MINE WORKERS:

A. No mine employee or other person shall remove, displace, damage, destroy, carry off or fail to use any safety device, safeguard notice or warning, provided for use in any mine employment or place of mine employment, or interfere in any way with the use thereof by any other person, or interfere with the use of any method or process adopted for the protection of any mine employee, in such employment or place of employment, or fail or neglect to follow and obey safety orders promulgated by the mine operator or mine inspector, and to do every other thing reasonably necessary to protect the life, health, safety and welfare of employees, including himself. This being a state law, violation of this act constitutes a misdemeanor.

B. No miner or other person shall carry into a mine intoxicating liquors or alcoholic beverages or any controlled substances or enter the mine under the influence of intoxicating liquor or controlled substances. This being a state law, violation constitutes a crime punishable by fine or imprisonment, or both.

[N, 12/31/06; 19.6.3.8 NMAC - Rn, 11.8.3.8 NMAC, 9/30/08]

HISTORY of 19.6.3 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the State Commission of Public Records and Archives:

MI 69-0, Rules Pertaining to Mine Safety for Underground Workmen, filed 1/6/69.

History of Repealed Material: MI 69-0, Rules Pertaining to Mine Safety for Underground Workmen (filed 1/6/1969) repealed 12/31/2006.

Other History:

MI 69-0, Rules Pertaining to Mine Safety for Underground Workmen (filed 1/6/1969) was renumbered, reformatted, and replaced by 11.8.3 NMAC Mine Safety for Underground Workers, effective 12/31/2006.

11.8.3 NMAC, Mine Safety for Underground Workers (filed 12/12/2006) was renumbered to 19.6.3 NMAC, Mine Safety for Underground Workers, effective 9/30/2008.