2004 Minnesota Statutes

     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