SECTION 460:15-1-10. Certificates of Competency  


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  • (a)   No person shall act as a mine superintendent, mine foreman, fire-boss, shot-firer, hoisting engineer or miner without first having obtained a certificate of competency from the Oklahoma Mining Commission. No person shall employ such mine superintendent, mine foreman, fire-boss, hoisting engineer or miner who does not hold such certificate. Any person who violates the provisions of this subsection, upon conviction, shall be fined not more than one thousand five hundred ($1,500.00) or be imprisoned in the county jail for a term not more than six (6) months, or both.
    (b)   The examination for a certificate of competency as a mine superintendent, mine foreman, fire-boss, shot-firer, or hoisting engineer shall be administered by only employees or advisors of the Department of Mines who also hold equal or higher certificates of competency. The examination shall be sufficient to determine that such applicant fully understands the requirements of coal mining laws of this state.
    (c)   Each applicant for mine superintendent, mine foreman, fire-boss, hoisting engineer or shot-firer shall hold a first-aid certificate issued within one (1) year prior to the date of the examination of the Department by an organization recognized by the Oklahoma Mining Commission.
    (d)   The Department shall hold monthly examinations for certification of competency as underground miners. Applications for such certificates may be granted a temporary permit by the Commission until an examination is held by the Department in the region in which the applicant resides. Applicants must successfully answer a written or oral examination pertaining to such requirements and qualifications of underground miners as are determined necessary by the Commission.
    (e)   Certificates of competency shall be granted by the Oklahoma Mining Commission to persons who have given the Department satisfactory evidence of their ability to perform the duties and skills as are required by the Council. Previous experience and record of service of the applicant shall have equal weight with the examination.
    (f)   The minimum experience necessary for certificates of competency are as follows:
    (1)   Shot-firer-1 year's practical underground experience, including working in blasting operations for at least twelve (12) months under immediate supervision of an experienced blaster.
    (2)   Hoisting engineer 1 year's practical hoisting experience.
    (3)   Fire-boss 2 year's practical underground experience.
    (4)   Mine foreman-3 year's practical underground experience.
    (5)   Superinentendent-5 year's practical underground experience.
    (6)   Practical miner-1 year's practical experience as a miner or the equivalent experience as defined by the Commission.
    (g)   A student who has completed an accredited two-year or four-year mining program shall be credited one (1) year of experience toward a fire-boss, mine foreman or superintendent certification.
    (h)   Certification required by 45 O.S., Section 2 shall be issued under the signature and seal of the Oklahoma Mining Commission. Such certification shall bear the date of issuance, full name and age of the recipient and shall designate the position for which the recipient is certified by the Commission. Applications for certificates of competency shall be accompanied with the following fees:
    (1)   Superintendent-$20.00
    (2)   Mine Foreman-15.00
    (3)   Fire-boss-10.00
    (4)   Shot-firer-10.00
    (5)   Hoisting engineer-10.00
    (6)   Practical miner-5.00
    (i)   The Secretary of the Oklahoma Mining Commission shall make a record of the names and addresses of all persons to whom certificates are issued. Certificate of competency when issued as provided for in this Chapter, shall entitle the holders thereof to accept and discharge the duties for which said certificate declare them qualified. The Director shall advise the Oklahoma Mining Commission as far in advance as possible the date and place of an examination to be held by the Department and shall, as soon as examination is completed, furnish the Commission with a list of names of all persons who took the examination and persons successfully completing said examinations shall be duly notified.
    (j)   The Secretary of the Commission may, upon the recommendation of at least two other members of the Commission, issue a temporary permit to an applicant for a certificate for mine foreman, fire-boss, shot-firer or hoisting engineer. Said temporary permit shall be valid only until next meeting of the Commission or not to exceed thirty-one (31) days.
    (k)   Apprentices may be regularly employed in an underground coal mine up to fourteen (14) months to become qualified to obtain a certificate of competency as a miner. Non-certified miners or apprentice shall never be out of the sight or sound of a certified miner. The sight and sound provisions of this subsection may be met by the Department's determination, acknowledgement and approval that the tracking and communication system in use satisfies the sight and sound requirements needed for this Chapter, such as a two-way communication system and a plan for above ground personnel to determine the current or immediately pre-accident location of all underground personnel. Non-certified miners or apprentices shall not be used in the face area on a production shift for thirty (30) working days. A one-on-one ratio of a certified to non-certified shall not be exceeded in the working face area on a production shift. A ratio of one certified miner to five non-certified miners shall not be exceeded near the working face, or on a non-production shift.
    (l)   For the purpose of certification, two hundred (200) working days shall be considered one (1) year's experience.
    (m)   A petitioner may take a mine foreman's examination after having worked for one (1) year as a fire-boss and a superintendent's examination after having worked as a mine foreman for one (1) year.
    (n)   Shot-firer certification shall be obtained by all persons utilizing explosives in underground mining. A current OSBI criminal background check must be submitted as a portion of the certification application. A shot-firer certification shall be valid for a period of two (2) years. Renewal of certification shall require a current OSBI background check be submitted prior to recertification. A certification or recertification shall not be granted to any person with a felony conviction.
[Source: Amended at 28 Ok Reg 2369, eff 9-11-11; Amended at 35 Ok Reg 51, eff 7-28-17 (emergency); Amended at 35 Ok Reg 1873, eff 9-14-18]