If, upon an inspection of a mine, the department finds that the conditions or practices in the mine create a danger that could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated, the department shall determine the extent of the area of the mine throughout which the danger exists and order the operator of the mine to have all persons withdrawn from and excluded from entering the area, except the persons whose presence in the area is necessary to eliminate the danger described in the order as follows:

1. (1) a person whose presence in the area is necessary in the judgment of the operator of the mine to eliminate the danger;
2. (2) a public official whose official duties require the official to enter the area;
3. (3) a legal or technical consultant or a representative of the employees of the mine who is a person qualified to make mine examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions in the area.

History: En. 50-480.2 by Sec. 25, Ch. 267, L. 1974; R.C.M. 1947, 50-480.2; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1885, Ch. 56, L. 2009.