Ind. Code § 22-10-3-10 – Mining board; examination; issuing certificates; qualifications for certification; examination fee; replacement certificate

(a) It is the duty of the board to examine any person applying for a certificate for mine foreman, shot-firer, mine examiner, hoisting engineer, or mine electrician and to issue certificates of competency to the applicants who, upon examination, prove themselves competent and qualified. A certificate is valid only when the examination for certification has been held in the presence of a member of the board and signed by the chairman of the board. A certificate of competency may not be issued to any person whose grade is less than seventy-five percent (75%) for any certification other than that of a certificate for mine electrician, which requires a passing grade of not less than eighty percent (80%). The board shall observe the requirements set forth in this section in conducting the examinations.
(b) An applicant for a mine foreman certificate must have at least four (4) years of experience underground in coal mines. However, a person who has graduated and holds a degree in engineering or an approved four (4) year program in coal mining technology from an accredited school, college, or university is required to have only two (2) years of practical underground mining experience to qualify for the examination. A person who has graduated and holds a two (2) year associate in applied science degree in coal mining technology from an accredited school, college, or university is required to have only three
(3) years of practical underground mining experience to qualify for the examination. An applicant must prove to the board by written and oral examination and by demonstration, where applicable, that the applicant has a thorough knowledge of:
(1) the theory and practice of coal mining;
(2) the nature and properties of poisonous, noxious, and explosive gases and methods for their detection and control;
(3) the requirements of the coal mining laws of this state; and
(4) the responsibilities and duties of a mine foreman under such laws;
and that the applicant is otherwise qualified by law.
(c) An applicant for a mine examiner certificate must have at least three (3) years of experience underground in coal mines. However, a person who has graduated and holds a degree in engineering or an associate in applied science degree in coal mining technology from an accredited school, college, or university is required to have only two (2) years of practical underground mining experience to qualify for the examination. An applicant must prove to the board by written and oral examination and by demonstration, where applicable, that the applicant has a thorough knowledge of:
(1) the nature and properties of poisonous, noxious, and explosive gases and methods for their detection and control;
(2) the practical aspects of coal mining pertaining especially to ventilation and roof control; and
(3) the responsibilities of a mine examiner under coal mining laws of this state;
and that the applicant is otherwise qualified by law.
(d) An applicant for a shot-firer certificate must have at least one (1) year of underground experience and must have been properly trained in a course approved by the director in the safe use and handling of explosives. An applicant must prove to the board by written and oral examination and by demonstration, where applicable, that the applicant has a working knowledge of:
(1) the proper handling and use of explosives and blasting devices and the danger connected therewith;
(2) the nature and properties of poisonous, noxious, and explosive gases and methods for their detection;
(3) the coal mining laws of the state pertaining to ventilation, roof control, and blasting; and
(4) the responsibilities of a shot-firer under applicable mining laws;
and that the applicant is otherwise qualified by law.
(e) An applicant for a hoisting engineer certificate must prove to the board by written and oral examination and by demonstration, where applicable, that the applicant:
1. (1) is capable of operating a hoist;
2. (2) has a thorough knowledge of the coal mining laws of this state pertaining to hoisting operations;
3. (3) has at least one (1) year mining experience;
4. (4) has at least twenty (20) hours practical experience under the supervision of a certified hoisting engineer; and
5. (5) is otherwise qualified by law.
(f) An applicant for a mine electrician certificate must have sufficient (but not less than one (1) year of) experience in performing electrical work. The applicant must prove to the board by written and oral examination and by demonstration, where applicable, that the applicant has a thorough knowledge of:
1. (1) the requirements of the coal mining laws of this state, with particular emphasis upon laws pertaining to electrical energy in coal mines;
2. (2) direct and alternating current theory and application;
3. (3) electric equipment and electrical circuits in coal mines;
4. (4) permissibility of electric equipment;
5. (5) 30 CFR 75 subparts F-K; and
6. (6) 30 CFR 77 subparts F-J and S.
(g) An applicant for an examination under this section must pay the bureau of mines and mine safety an examination fee of twenty-five dollars ($25). All fees collected under this subsection shall be deposited in the mine safety fund established by IC 22-10-12-16 . The board may set a different fee by rule under IC 22-10-1.5-4 .
(h) A mine foreman, mine examiner, shot-firer, hoisting engineer, or mine electrician certificate issued before September 1, 1979, is valid under the mining laws of Indiana.
(i) A person who was issued a fire-boss certificate before July 1, 2007, shall be issued a replacement mine examiner certificate upon request to the director.
(j) A person designated as mine superintendent or assistant mine superintendent, or acting in either capacity, must hold a mine foreman certificate.
(k) A certificate may be granted to an applicant who presents to the board satisfactory evidence that the applicant has not been convicted of:
1. (1) an act which would constitute a ground for disciplinary sanction under section 11.1(b) of this chapter; or
2. (2) a felony that has a direct bearing on the applicant's ability to act competently as a mine foreman, shot-firer, mine examiner, hoisting engineer, or mine electrician.
(l) For the purpose of safety, the board may refuse to examine an applicant who cannot:
1. (1) readily understand the written English language; or
2. (2) express himself or herself in the English language.
  Formerly: Acts 1955, c.168, s.24; Acts 1971, P.L.358, SEC.5; Acts 1973, P.L.242, SEC.1. As amended by Acts 1979, P.L.231, SEC.4; Acts 1981, P.L.210, SEC.1; Acts 1981, P.L.222, SEC.19; Acts 1982, P.L.113, SEC.6; P.L.231-1983, SEC.7; P.L.37-1985, SEC.49; P.L.35-2007, SEC.15; P.L.10-2012, SEC.3; P.L.91-2026, SEC.10.