Senate Bill No. 325

Introduced By crismore, mood, harp, masolo, clark, cole, hertel, foster, grimes

A Bill for an Act entitled: An Act prohibiting the Montana department of labor and industry from inspecting metallic and nonmetallic noncoal mines, OTHER THAN SAND AND GRAVEL OPERATIONS, as long as the federal mine safety and health laws are implemented and enforced in Montana by the federal government; amending sections 50-71-321, 50-72-201, and 50-72-202, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.

WHEREAS, since 1977, the United States has established a comprehensive program pursuant to the Federal Mine Safety and Health Act of 1977 (MSHA) to ensure the safety of mine workers in every state, including Montana; and

WHEREAS, with the maturation and full implementation of MSHA, the State of Montana mine safety program is now substantially duplicated by the federal program, which provides Montana mine workers with protection at least as comprehensive as protection afforded by current provisions of state law; and

WHEREAS, the Legislature desires to avoid needless duplication of public effort and the unnecessary expenditure of public funds; and

WHEREAS, the Legislature finds it appropriate to bring the state mine inspection program to an honorable conclusion for metallic and nonmetallic noncoal mines (other than sand and gravel operations), provided that duplication of effort with the federal mine inspection program continues to exist, recognizing that enforcement of MSHA by federal mine inspectors is comprehensive and sufficient enough to fully protect the health and safety of Montana mine workers; and

WHEREAS, recognizing that mine safety training is presently conducted at public expense with state and federal funds, it is the Legislature's desire and intent that mine safety training programs sufficient to meet the requirements of MSHA be made available by privately funded associations, such as the Montana Mining Association's training program.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 50-71-321, MCA, is amended to read:

"50-71-321.   Periodic inspections. (1) Except as provided in 50-72-201 and 50-72-202, The the department shall inspect from time to time all the places of employment defined in the Montana Workers' Compensation Act as being hazardous and the machinery and appliances therein contained in those places of employment for the purpose of determining whether they conform to law compliance.

(2)  A report of such a periodic inspection shall must be filed in the office of the department and a copy thereof of that report must be given to the employer. Such The report shall may not be open to public inspection or made public except on order of the department or by the department in the course of a hearing or proceeding."

Section 2.  Section 50-72-201, MCA, is amended to read:

"50-72-201.   Inspectors. (1) Except as provided in subsection (2), as long as the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq., is administered and enforced with respect to metallic and nonmetallic mines in Montana by means that include regular inspections of mines by federal inspectors, the department is not authorized to conduct inspections of those mines. If regular inspections of Montana metallic and nonmetallic mines by federal inspectors in the enforcement of the federal act are discontinued by federal action, The the department shall is authorized to employ an adequate number of qualified metal metallic and nonmetallic mine inspectors necessary for the enforcement of this chapter and shall prescribe their powers, duties, and responsibilities.

(2) The department is authorized to employ an adequate number of qualified inspectors for sand and gravel mining operations and to prescribe the powers, duties, and responsibilities of those inspectors."

Section 3.  Section 50-72-202, MCA, is amended to read:

"50-72-202.   Inspections and investigations -- when authorized. (1) Except as provided in subsection (2), as long as the Federal Mine Safety and Health Act of 1977 is administered and enforced with respect to metallic and nonmetallic mines in Montana by means that include regular inspection of mines by federal inspectors, the department is not authorized to make inspections in those mines. If inspections of Montana metallic and nonmetallic mines by federal inspectors in the enforcement of the federal act are discontinued by federal action, The the department is authorized at any time to cause to be made such make inspections and investigations as it shall deem that are necessary in surface and underground mines which that are subject to this chapter:

(1)(a)  for the purpose of obtaining, utilizing using, and disseminating information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating therein in surface and underground mines; and

(2)(b)  for the purpose of determining whether or not there is compliance with a health and safety standard or order issued under this chapter.

(2) The department is authorized to make inspections and investigations with respect to sand and gravel mining operations for the purposes prescribed under subsections (1)(a) and (1)(b)."

Section 4. Effective date. [This act] is effective July 1, 1998.

-END-