§ 45-2. Certificates of competency - Violations - Examinations - Qualification.

A.  No person shall act as a mine superintendent, mine foreman, fire boss, shot-firer, certified surface blaster, 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, shot-firer, certified surface blaster, 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 FiveHundred Dollars ($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 mine superintendent, mine foreman, fire boss, shot-firer, certified surface blaster 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 the coal mining laws of this state.

Each applicant for mine superintendent, mine foreman, fire boss, certified surface blaster, 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.

C.  The Department shall hold monthly examinations for certificates of competency as underground miners.  Applicants for such certificate may be granted a temporary permit by the Commission until an examination is held by theDepartment 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.

D.  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 for the Council. Previous experience and record of service of the applicant shall have equal weight with the examination.

E.  The minimum experience necessary for certificates of competency are as follows:

1.  Shot-firer - 1 year's practical underground

experience.

2.  Certified surface blaster - 1 year's practical

experience.

3.  Hoisting engineer - 1 year's practical

hoisting experience.

4.  Fire boss - 2 years' practical underground

experience.

5.  Mine foreman - 3 years' practical underground

experience.

6.  Superintendent - 5 years' practical underground

experience.

7.  Practical miner - 1 year's practical experience

as a miner or the equivalent

experience as defined by the

Commission.

Provided that the underground experience requirement for mine foreman and the superintendent shall not apply to those positions in surface mining.

F.  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.

Amended by Laws 1982, c. 296, § 7; Laws 1985, c. 239, § 6, eff. Jan. 1, 1986; Laws 1986, c. 308, § 6, operative July 1, 1986.