2004 Minnesota Statutes

CHAPTER 180. Mine inspectors

     180.01 Appointment. 

    The board of commissioners of any county in this state, 
 where there are at least five mines situate and in operation, is 
 hereby authorized and directed, on or before the first day of 
 July, 1905, to appoint an inspector of mines, who shall hold 
 office for the term of three years or until a successor is 
 appointed and qualified, and in addition thereto may appoint one 
 assistant inspector for every 20 mines as the board may 
 determine for the purpose of discharging the duties hereinafter 
 prescribed; to fix the compensation and traveling expenses of 
 such inspector or any assistant inspector and provide for the 
 payment of the same, and to remove such inspector or any 
 assistant inspector and appoint another in place when in the 
 judgment of the board the best interests of the owners and 
 employees of such mines may so require.  In any county where 
 there are active, inactive, or idled mines, and no county mine 
 inspector has been appointed as provided above, the county board 
 shall enforce the provisions of chapter 180 by designating an 
 appropriate county officer or employee to discharge the duties 
 of county mine inspector.  The qualifications and salary 
 prescribed in section 180.02 do not apply to the person 
 designated, except that the person may not be interested in any 
 mine as an owner, operator, agent, stockholder, or engineer.  
 Acts or omissions of a person appointed or designated to perform 
 the duties of county mine inspector, whether statutory or 
 discretionary, are acts or omissions as defined in section 
 466.03, subdivision 5 or 6. 

    HIST: (4233) 1905 c 166 s 1; 1951 c 687 s 1; 1986 c 444; 1988 
 c 530 s 4 

     180.02 Qualifications, salary, oath, bond.  

    Each inspector of mines and assistant shall be at least 25 
 years of age, a citizen of the state, and a resident of the 
 county wherein appointed, of good moral character and temperate 
 habits.  Previous to appointment the inspector shall have had 
 practical experience as a miner or otherwise engaged as an 
 employee in mines of the state at least six years, or a mining 
 engineer having had previous to appointment at least two years 
 of practical experience in iron mines and iron mining and having 
 had at least one year of such experience in this state.  The 
 inspector shall not while in office in any way be interested as 
 an owner, operator, agent, stockholder, or engineer of any 
 mine.  The inspector shall live or have an office in the mining 
 district of the county for which appointed.  The salary of each 
 inspector of mines and assistant shall be such sum as shall be 
 fixed by the county board not exceeding $7,500 per annum, and 
 shall be allowed actual traveling expenses not to exceed $1,200 
 in any one year.  The inspector shall file with the county 
 auditor an itemized account of expenses every three months, 
 verified by affidavit, showing that they have been incurred in 
 the discharge of official duties.  Before entering upon the 
 discharge of the duties of office, the inspector shall take an 
 oath before some person authorized by law to administer oaths to 
 support the Constitution of the United States and the 
 Constitution of the state of Minnesota, and that the inspector 
 will faithfully, impartially, and to the best of ability 
 discharge the duties of office, and file a certificate of having 
 done so in the office of the county auditor.  The inspector 
 shall give bond, payable to the county board, in the penal sum 
 of $5,000, with sufficient sureties to be approved by the county 
 board, conditioned that the inspector will faithfully discharge 
 the duties of office and this bond shall be filed with the 
 county auditor.  

    HIST: (4234) 1905 c 166 s 2; 1911 c 133 s 1; 1921 c 7 s 1; 
 1951 c 687 s 2; 1953 c 259 s 1; 1957 c 310 s 1; 1986 c 444 

     180.03 Duties. 

    Subdivision 1.    Inspections.  The duties of the 
 inspector of mines shall be to visit in person or by assistants 
 all the working mines of the inspector's county at least once 
 every 90 days and oftener if requested so to do as hereinafter 
 provided, and closely inspect the mines so visited and condemn 
 all such places where the employees are in danger from any 
 cause, whether resulting from careless mining or defective 
 machinery or appliances of any nature.  The inspector shall 
 compel the erection of a partition between all shafts where 
 hoisting of ore is performed, and where there are ladder ways, 
 where workers must ascend or descend going to and from their 
 work.  In case the inspector of mines shall find that a place is 
 dangerous from any cause, as aforesaid, it shall be the 
 inspector's duty immediately to order those engaged in the work 
 at that place to quit work, and notify the superintendent, 
 agent, or person in charge to secure the place from the existing 
 danger, which notification or order shall be in writing, clearly 
 define the limits of the dangerous place, and specify the work 
 to be done or change to be made to render the same secure, 
 ordinary mine risks excepted.  It shall be the duty of the 
 inspector of mines to order the person, persons, or corporation 
 working any mine, or the agent, superintendent, lead supervisor, 
 or other person having immediate charge of the working of any 
 mine, to furnish all shafts, open pits, caves, and chutes of 
 such mine where danger exists with some secure safeguard at the 
 top of the shaft, open pit, cave, or chute, so as to guard 
 against accidents by persons falling therein or by material 
 falling down the same, also a covering overhead on all the 
 carriages on which persons ascend or descend up and down the 
 shaft, if in the inspector's judgment it shall be practicable 
 and necessary for the purpose of safety. 

    Subd. 2.    Fences.  Every person, firm, or corporation 
 that is or has been engaged in the business of mining or 
 removing iron ore, taconite, semitaconite or other minerals 
 except sand, crushed rock, and gravel shall erect and maintain, 
 as a minimum, a three strand wire fence along the outside 
 perimeter of the excavation, open pit, or shaft of any mine in 
 which mining operations have ceased for a period of six 
 consecutive months or longer.  However, based upon local site 
 conditions that may exist at shafts, caves, or open pits, the 
 county mine inspector may require more secure fencing such as 
 barbed wire or mesh fence, or may require barriers, appropriate 
 signs, or any combination of the above, to reduce the 
 possibility of accidental falls.  The county mine inspector may 
 grant exemptions under subdivision 4.  In the case of open pit 
 mines in which mining operations cease after November 1, 1979, 
 and before March 1, 1980, the fence, barrier, signs, or 
 combination of them shall be erected as soon as possible after 
 March 1, 1980.  Where mining operations cease on or after March 
 1, 1980, the fence, barrier, signs, or combination of them shall 
 be erected forthwith.  In the case of open pit mines in which 
 mining operations had ceased for a period of six consecutive 
 months or longer before November 1, 1979, and not resumed, the 
 fence, barrier, signs, or combination of them shall be erected 
 within two years from the date when the county mine inspector 
 directs the erection of fences, barriers, signs, or combination 
 of them.  Any fence, barrier, signs, or combination of them, 
 required by an inspector of mines pursuant to subdivision 3 or 
 other applicable law, shall meet the standards of this section 
 as a minimum.  This subdivision does not apply to any 
 excavation, open pit, or shaft, or any portion thereof, exempted 
 from its application by the commissioner of natural resources 
 pursuant to laws relating to mineland reclamation, exempted from 
 its application by the Iron Range Resources and Rehabilitation 
 Board under actions taken by the board, or exempted from its 
 application by the county mine inspector pursuant to subdivision 
 4. 

    Subd. 3.    Abandoned mines.  When any mine is idle or 
 abandoned it shall be the duty of the inspector of mines to 
 notify the person, firm, or corporation that is or has been 
 engaged in the business of mining to erect and maintain around 
 all the shafts, caves, and open pits of such mines a fence, 
 barrier, appropriate signs, or combination of them, suitable to 
 warn of the presence of shafts, caves, or open pits and reduce 
 the possibility of accidentally falling into these shafts, 
 caves, or open pits.  If the mine has been idled or abandoned 
 for more than ten years, or if the person, firm, or corporation 
 that has been engaged in the business of mining no longer 
 exists, the fee owner shall erect the fence, barrier, or signs 
 required by this section.  The notice shall be in writing and be 
 served upon such person, firm, corporation, or fee owner by 
 certified mail. 

    Subd. 4.    Exemptions.  Upon written application, the 
 county mine inspector may exempt from the requirements of 
 subdivision 2, any abandoned excavation, open pit, or shaft 
 which is provided with fencing, barriers, appropriate signs, or 
 combinations of them, in a manner that is reasonably similar to 
 the standards set forth in subdivision 2, or which in the 
 inspector's judgment does not constitute a safety hazard. 

    Subd. 5.    Aquaculture exemption.  Upon written notice 
 to the county mine inspector, a person, firm, or corporation 
 that is actively and exclusively engaged in the business of cold 
 water aquaculture shall be exempt from the requirements of 
 subdivision 3.  The exemption shall only apply to those portions 
 of idle or abandoned open pit mines that are actively being used 
 for aquaculture operations and that are owned by the person, 
 firm, or corporation.  A landowner exempted assumes all 
 responsibility for inspection and safety measures pertaining to 
 the affected parcels of land and the county mine inspector is 
 relieved of inspection requirements.  The notice provided to the 
 county mine inspector pursuant to this subdivision shall be 
 annual and shall be filed with the county mine inspector's 
 office by January 15 of each year.  The notice shall describe 
 the affected parcels of land and shall provide a sworn affidavit 
 by the landowner that the subject property will be actively and 
 exclusively used for aquaculture purposes during the calendar 
 year.  Failure to comply with the notice requirement of this 
 subdivision makes the idle or abandoned open pit mines subject 
 to the provisions of subdivision 3. 

    HIST: (4235) 1905 c 166 s 3; 1951 c 687 s 3; 1978 c 596 s 1; 
 1979 c 333 s 91; 1980 c 614 s 98; 1982 c 639 s 34; 1983 c 156 s 
 1; 1984 c 654 art 2 s 119; 1Sp1985 c 13 s 287-289; 1986 c 444; 
 1988 c 530 s 5,6; 1994 c 642 s 6 

     180.04 Requiring employees to work after order to quit; 
  liability of employer.  

    If any person is required to continue work in any place in 
 which the inspector of mines has ordered employees to quit work, 
 as aforesaid, except to do such work as may have been by the 
 inspector required to be done in order to render such place 
 safe, ordinary risks of mining excepted, the persons or 
 corporations so requiring employees to work in such place shall 
 be liable for all accidents causing injury or death to any 
 employee arising by reason of such place not having been 
 repaired or changed as required by the inspector.  

    HIST: (4236) 1905 c 166 s 4; 1986 c 444 

     180.05 Inspector, powers; owner, duties.  

    It shall be lawful for the inspector of mines or assistant 
 inspector to enter, examine, and inspect any and all mines and 
 machinery belonging thereto at all reasonable times by day or by 
 night, but so as not to obstruct or hinder the necessary 
 workings of such mines, and it shall be the duty of the owner, 
 operator, or agent of every such mine, upon the request of the 
 inspector of mines, or assistant inspector to furnish for 
 inspection, all maps, drawings, and plans of the mine, together 
 with the plans of all contemplated changes in the manner of 
 working the mine or any part thereof; to furnish some suitable 
 person, as the inspector may desire, who shall be chosen from a 
 list containing at least three candidates, submitted by a 
 majority of employees of the mine, to accompany the inspector 
 through the mine, or any part thereof, and to furnish suitable 
 ladders and other necessary appliances to make a proper 
 inspection and to furnish upon request the inspector of mines 
 with all necessary facilities for such entry, examination, and 
 inspection, and if the owner, operator, or agent refuse to 
 permit such inspection or to furnish the necessary facilities 
 for such entry, examination, and inspection, and continue so to 
 refuse or permit, after written request thereof made by the 
 inspector of mines, such refusal or neglect shall be deemed a 
 gross misdemeanor, and, upon conviction thereof, such owner, 
 operator, or agent shall be punished by a fine of not less than 
 $500 nor more than $3,000 for each offense.  

    HIST: (4237) 1905 c 166 s 5; 1951 c 687 s 4; 1984 c 628 art 3 
 s 11; 1986 c 444 

     180.06 Salary and expenses. 

    The county for which the inspector of mines was appointed 
 shall pay the inspector's salary and expenses out of its 
 treasury in the manner provided for payment of salaries and 
 expenses of other county officials.  The board of county 
 commissioners shall furnish the inspector of mines with 
 necessary books, stationery, and supplies.  At the request of 
 the county mine inspector, the county board may appropriate 
 money, including money appropriated to the county by the 
 legislature for the purposes of mine safety or inspection for 
 the expenses of the county mine inspector including expenses 
 that arise from the erection and maintenance, by the county, on 
 county administered land, of fences, barriers, or signs required 
 by chapter 180. 

    HIST: (4238) 1905 c 166 s 6; 1986 c 444; 1988 c 530 s 7 

     180.07 Inspection requested, examination.  

    When 20 or more persons working in any mine or place where 
 mining is done, or the owner, operator, or agent of any mine, or 
 the certified collective bargaining agent for the employees of 
 said mine, shall notify the inspector of mines in writing that 
 services are needed the inspector shall immediately make an 
 inspection thereof and examine as to the necessary precautions 
 and general safety of the mines and see that all the provisions 
 of this chapter are observed and strictly carried out. 

    HIST: (4239) 1905 c 166 s 7; 1951 c 687 s 5; 1986 c 444 

     180.08 Accidents; notice, investigation.  

    When by reason of any accident in any mine loss of life or 
 serious personal injury shall occur it shall be the duty of the 
 manager or superintendent of the mine, and in their absence the 
 person or officer under them in charge of the mine, to give 
 notice thereof forthwith to the inspector of mines, stating the 
 particulars of such accident, and the inspector shall, if the 
 inspector deems it necessary from the facts reported, go 
 immediately to the scene of such accident and make such 
 suggestions and render such assistance as the inspector may deem 
 necessary in the premises and personally investigate the cause 
 of such accident and take such steps as the inspector may deem 
 necessary for the safety of the employees of such mine and to 
 prevent accident of a like or similar nature.  The inspector 
 shall be accompanied by three persons appointed by the manager 
 or other person in charge of the mine and by three persons 
 appointed by a majority of the employees of the mine to serve in 
 such cases.  

    HIST: (4240) 1905 c 166 s 8; 1951 c 687 s 6; 1986 c 444 

     180.09 Duty of owner; timber for supports and props.  

    The owner, operator, or agent of any mine shall at all 
 times keep a sufficient and suitable supply of timber and 
 logging on hand when required to be used as supports, props, or 
 otherwise in the mining work so that the workings of such mine 
 may be rendered reasonably safe and secure.  

    HIST: (4241) 1905 c 166 s 9 

     180.10 Removal of fence; guard. 

    Any worker, employee, or other person who shall open, 
 remove, or disturb any fence, guard, barrier, sign, or rail and 
 not close or replace or have the same closed or replaced again 
 around or in front of any shaft, pit, chute, excavation, cave, 
 or land liable to cave, injure, or destroy, whereby accident, 
 injury, or damage results, either to the mine or those at work 
 therein, or to any other person, shall be guilty of a 
 misdemeanor.  A worker, employee, or other person who, in regard 
 to any fence, guard, barrier, sign, or rail, does any of the 
 acts prohibited by section 609.52, commits theft of the fence, 
 guard, barrier, sign, or rail may be sentenced as provided in 
 section 609.52. 

    HIST: (4242) 1905 c 166 s 10; 1Sp1985 c 13 s 290; 1986 c 444; 
 1988 c 530 s 8 

     180.11 Annual report. 

    It shall be the duty of the inspector of mines to make and 
 file no later than March first each year with the auditor of the 
 county for which appointed a full and complete report of all 
 acts, proceedings, and doings hereunder for each year ending 
 December 31, stating therein among other things the number of 
 visits and inspections made, the number of mines in operation, 
 the number not in operation, the names of the mines, where 
 located, the owners, lessees, or managers, the names of the 
 officers, the quantity of ore shipped, the number of workers 
 employed, the average wages for different kinds of work, the 
 number of accidents, fatal or otherwise, the cause of such 
 accidents, and such other information in relation to the subject 
 of mines and mining inspection as the inspector may deem of 
 proper interest and beneficial to the mining interests of the 
 state. 

    HIST: (4243) 1905 c 166 s 11; 1923 c 41 s 1; 1923 c 62 s 1; 
 1947 c 99 s 1; Ex1967 c 1 s 6; 1986 c 444; 2002 c 224 s 1 

     180.12 Violations.  

    Subdivision 1.    Owner, operator or agent.  Any owner, 
 operator or agent of any mine in this state violating the 
 provisions of this chapter shall, except as otherwise 
 specifically provided, be deemed guilty of a gross misdemeanor, 
 and for each offense, upon conviction, fined not less than $100 
 nor more than $3,000.  

    Subd. 2.    Person in immediate charge.  Any person who 
 is in immediate charge of the working of any mine who fails to 
 carry out any order of the inspector, issued pursuant to section 
 180.03 or who permits, directs, or authorizes any person to work 
 in a manner which violates the provisions of section 180.04 
 shall upon finding by the district court of the county where the 
 mine is situated that the order of the inspector was not unjust 
 or unreasonable or an abuse of discretion be guilty of a gross 
 misdemeanor, and upon conviction thereof, shall be punished as 
 provided in section 609.03.  Each time an order of the inspector 
 issued under section 180.04 is not complied with, shall 
 constitute a separate offense.  Each offense shall be prosecuted 
 by the county attorney of the county in which the offense took 
 place.  

    HIST: (4244) 1905 c 166 s 12; 1951 c 687 s 7; 1965 c 51 s 37; 
 1984 c 628 art 3 s 11; 1986 c 444 

     180.13 Neglect of inspector.  

    Any inspector of mines appointed hereunder failing to 
 comply with the requirements of this chapter shall be guilty of 
 a gross misdemeanor; and, upon conviction thereof, fined not 
 less than $100 nor more than $3,000 and be dismissed from 
 office, and the board of commissioners shall remove the 
 inspector from office for neglect of duty, drunkenness, 
 incompetency, malfeasance in office, or other good cause.  

    HIST: (4245) 1905 c 166 s 13; 1984 c 628 art 3 s 11; 1986 c 
 444