Mining Safety

NMSA 1978 ch. 69, art. 8

in effect

NMSA 1978, § 69-8-1 Short title

69-8-1. Short title Chapter 69, Article 8 NMSA 1978 may be cited as the "Mining Safety Act". 1953 Comp., § 63-31-1, enacted by Laws 1961, ch. 136, § 1; 2006, ch. 102, § 3; 2006, ch. 106, § 3.

NMSA 1978, § 69-8-2 Definitions

69-8-2. Definitions As used in the Mining Safety Act: A. "accident" means: (1) in the case of a surface mine: (a) a death of an individual at a mine; (b) an injury that has a reasonable potential to cause death to an individual at a mine; (c) an entrapment of an individual that has a reasonable potential to cause death; (d) an unplanned ignition or explosion of a blasting agent or an explosive; (e) an unstable condition at an impoundment, refuse pile or culm bank that requires emergency action in order to prevent failure or that causes individuals to evacuate an area or failure of an impoundment, refuse pile or culm bank; or (f) an event at a mine that causes death or bodily injury to an individual not at the mine at the time the event occurs; or (2) in the case of an underground mine or the surface areas of an underground mine: (a) a death of an individual at a mine; (b) an injury that has a reasonable potential to cause death to an individual at a mine; (c) an entrapment of an individual that has a reasonable potential to cause death; (d) an unplanned inundation of a mine by a liquid or gas; (e) an unplanned ignition or explosion of gas or dust; (f) an unplanned mine fire in an underground mine that is not extinguished within ten minutes of discovery or an unplanned mine fire within the surface area of an underground mine that is not extinguished within thirty minutes; (g) an unplanned ignition or explosion of a blasting agent or an explosive; (h) an unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage; (i) a coal or rock outburst that causes withdrawal of miners or that disrupts regular mining activity for more than one hour; (j) an unstable condition at an impoundment, refuse pile or culm bank that requires emergency action in order to prevent failure or that causes individuals to evacuate an area or failure of an impoundment, refuse pile or culm bank; (k) damage to hoisting equipment in a shaft or slope that endangers an individual; or (l) an event at a mine that causes death or bodily injury to an individual not at the mine at the time the event occurs; B. "employee" means any person suffered or permitted to work in a mining occupation or pursuit by an employer; C. "employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee to a place of employment; D. "inspector" means the state mine inspector; E. "mine" means: (1) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground; (2) private ways and roads appurtenant to an area described in Paragraph (1) of this subsection; and (3) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools or other property, including impoundments, retention dams and tailings ponds, on the surface or underground, used in, to be used in or resulting from, the work of extracting such minerals from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of such minerals, or the work of preparing coal or other minerals, and includes custom coal preparation facilities; F. "mining occupations or pursuits" includes mining, smelting and the operation of a mill, ore house or treatment plant in which ore or rock is processed; G. "operator" means: (1) any owner, lessee or other person that operates, controls or supervises a coal mine; or (2) the person, partnership, association or corporation, or subsidiary of a corporation, operating a metal or nonmetal mine and owning the right to do so, including any agent thereof charged with responsibility for the operation of such mine; H. "person" means an individual, partnership, association, corporation, business trust, receiver, trustee, legal representative or successor to any of the foregoing; and I. "place of employment" means any place in or about which the employee is suffered or permitted to work. 1953 Comp., § 63-31-2, enacted by Laws 1961, ch. 136, § 2; 2007, ch. 301, § 8; 2007, ch. 302, § 8; 2015, ch. 107, § 2.

NMSA 1978, § 69-8-3 Mining safety board

69-8-3. Mining safety board A. There is created a "mining safety board", referred to in Chapter 69, Article 8 NMSA 1978 as the "board", consisting of thirteen members. The members of the board shall represent and balance management and non-management employees at coal, metal-nonmetal and sand and gravel operations throughout New Mexico. The members of the board shall be appointed by the governor for terms of six years or until their successors are appointed and qualified. Vacancies shall be filled by appointment for the unexpired term by the governor in the same manner as the original appointments. Members absent for three or more consecutive meetings shall be considered inactive. The chair of the board shall ask the governor's office to appoint a new member to the board if a current member becomes inactive. The inspector and the secretary of energy, minerals and natural resources shall be ex-officio members of the board but shall have no vote. B. Voting members of the board shall receive compensation pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. The inspector is authorized and directed to provide the board with such clerical, technical, legal and other assistance as shall be necessary to permit the board to perform its duties as provided in the Mining Safety Act. 1953 Comp., § 63-31-3, enacted by Laws 1961, ch. 136, § 3; 1967, ch. 21, § 1; 1971, ch. 62, § 1; 1985, ch. 68, § 2; 1987, ch. 234, § 51; 2001, ch. 246, § 10; 2007, ch. 301, § 9; 2007, ch. 302, § 9.

NMSA 1978, § 69-8-4 Duties of the board; rulemaking

69-8-4. Duties of the board; rulemaking A. The board shall, after public hearing, adopt rules for the protection of the life and safety of employees and to carry out the intent of the Mining Safety Act. The board may appoint a special committee of employers, employees and experts to assist in the development of proposed rules. The inspector may make recommendations to the board as necessary to carry out the intent of the Mining Safety Act. B. Notice of the subject, time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule may be obtained shall be: (1) published at least thirty days prior to the hearing date in a newspaper of general circulation in the state and in the New Mexico register, if published; and (2) mailed at least thirty days prior to the hearing date to all persons that have made a written request to the board or the inspector for advance notice of hearings. C. The board shall allow all interested persons reasonable opportunity to submit data, views or arguments orally or in writing. The board may designate a hearing officer to take evidence in the hearing. Any person that provides comments shall be given written notice of the action of the board. D. All rules and regulations shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. 1978 Comp., § 69-8-4, enacted by Laws 1985, ch. 68, § 3; 2007, ch. 301, § 10; 2007, ch. 302, § 10.

NMSA 1978, § 69-8-4.1 Duties of the board; appeal of certification actions by inspector

69-8-4.1. Duties of the board; appeal of certification actions by inspector A. A person who is the subject of an action of the inspector pursuant to Subsection D of Section 69-14-4 NMSA 1978 may file a written petition for review before the board within twenty days after service of the notice provided in Subsection E of Section 69-14-4 NMSA 1978. Unless a timely petition for review is made, the decision of the inspector shall be final and not subject to judicial review. B. If a timely petition for review is made, the board shall consider the petition within ninety days after receipt of the petition. The board shall notify the petitioner and the inspector of the date, time and place of the review. C. The board shall review the record compiled before the inspector and shall allow any party to submit arguments. Prior to the date set for review, if a party shows to the satisfaction of the board that there is good reason to allow additional evidence on an issue being challenged, the board shall allow additional evidence to be taken. Based on the review of the evidence and the arguments of the parties, the board shall sustain, modify or reverse the action of the inspector. D. The board shall notify the parties of the action taken by the board and the reasons for that action. A person who is adversely affected by a decision of the board pursuant to this section may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. Laws 2007, ch. 301, § 11 and Laws 2007, ch. 302, § 11.

NMSA 1978, § 69-8-5.1 Training fees

69-8-5.1. Training fees The inspector is authorized to charge fees to mining companies for mine safety training given to their personnel. The amount of the training fees shall be arrived at by the inspector after consultation with the board. Fees collected shall be deposited in the state mine inspector fund to assist in the funding of the inspector. Laws 1986, ch. 54, § 1; 1989, ch. 193, § 6; 2010, ch. 20, § 2.

NMSA 1978, § 69-8-5.2 State mine inspector fund

69-8-5.2. State mine inspector fund There is created in the state treasury the "state mine inspector fund". All income and interest earned from the fund shall be credited to the general fund. 1978 Comp., § 69-8-5.2, enacted by Laws 1989, ch. 193, § 7.

NMSA 1978, § 69-8-9.1 Standard of evaluation of variances; effect of variances granted

69-8-9.1. Standard of evaluation of variances; effect of variances granted A. A person affected by a rule adopted under the Mining Safety Act may petition the inspector for a variance. B. A variance of a mandatory safety standard may be granted upon a determination that: (1) an alternative method of achieving the result of the standard or rule exists that will at all times guarantee no less than the same measure of protection afforded by the standard or rule; or (2) application of the standard or rule would diminish the safety of the affected miners. C. All variances granted pursuant to this section shall have only future effect. D. The inspector shall fully investigate any proposed variance with the requesting mine operator and the respective representative of miners, or a reasonable number of miners that will be affected by the proposed variance. The proposed variance shall be posted at the mine when submitted to the inspector to ensure that all miners have the opportunity to review and make comments to the inspector. Investigation shall begin within ninety days of receipt of the proposed petition, and the inspector shall make a final determination no longer than one hundred eighty days from the receipt of the proposed petition. E. A person affected by the final decision of the inspector may appeal to the board within thirty days of the inspector's final decision. The appeal shall be in writing and sent to the board's chair. The board shall review the appeal within ninety days and may hold a hearing. The board shall make a final decision regarding the variance request. F. A person who is adversely affected by a decision of the board pursuant to this section may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. Laws 2007, ch. 301, § 12 and Laws 2007, ch. 302, § 12.

NMSA 1978, § 69-8-11 Right of entry and investigation

69-8-11. Right of entry and investigation The state mine inspector or his authorized representative shall have the power and authority to enter and inspect such places, question such employees and investigate such facts, conditions, practices or matters as he may deem appropriate to determine whether any person has violated any provisions of the Mining Safety Act, or any rule or regulation issued thereunder. 1953 Comp., § 63-31-11, enacted by Laws 1961, ch. 136, § 11.

NMSA 1978, § 69-8-15 Construction of act

69-8-15. Construction of act Rules and regulations promulgated under the Mining Safety Act shall be construed as "statutory regulations" and any safety devices required by such rules and regulations shall be construed as "safety devices required by law" as such terms are used in the Workmen's Compensation Act [Chapter 52, Article 1 NMSA 1978]. 1953 Comp., § 63-31-15, enacted by Laws 1961, ch. 136, § 15.

NMSA 1978, § 69-8-16 Underground mine safety requirements; penalties

69-8-16. Underground mine safety requirements; penalties In addition to requirements pursuant to federal law for underground mines: A. a self-contained self-rescue device approved by the state mine inspector shall be worn by each person while underground in a coal mine or kept within the person's immediate reach while underground in a coal mine. The device shall be provided by the employer. The self-contained self-rescue device shall be adequate to protect a miner for one hour or longer or, alternatively, sufficient to allow the employee time to reach an additional self-contained self-rescue device. Each employer shall train each miner in the use of the device, and refresher training courses for all underground employees shall be held during each calendar year; B. the employer shall provide caches of self-contained self-rescue devices throughout any underground mine in accordance with a plan approved by the state mine inspector. Each self-contained self-rescue device shall be adequate to protect a miner for one hour or longer. Battery-powered strobe lights or permanently activated strobe lights shall be affixed to each cache. A luminescent sign with the words "SELF-CONTAINED SELF-RESCUER" or "SELF-CONTAINED SELF-RESCUERS" shall be conspicuously posted at each cache, and luminescent direction signs shall be posted leading to each cache. The employer shall conduct weekly inspections of each cache and the affixed strobe lights to ensure operability; C. a wireless emergency communication device or a two-way radio system approved by the state mine inspector and provided by the employer shall be available to each person in the active working section of an underground mine. Each employer shall train each miner in the use of the device and provide refresher training courses for all underground employees during each calendar year. The employer shall install in or around the mine any and all equipment necessary to transmit emergency communications from the surface to each wireless emergency communication device or two-way radio system in active working sections of the underground mine; D. a wireless tracking device approved by the state mine inspector and provided by the employer shall be worn by each person in an underground coal mine. In the event of an accident or other emergency, the tracking device shall be capable of providing the approximate physical location of each person who is underground. Each employer shall train each employee in the use of the device and provide refresher training courses for all underground employees during each calendar year. The employer shall install in or around the mine all equipment necessary to provide the approximate physical location of each person who is underground; E. a person who, without the authorization of the employer or the state mine inspector, knowingly removes or attempts to remove any device or related equipment, required by this section and approved by the inspector, from a mine or mine site with the intent to permanently deprive the employer of the device or equipment or knowingly tampers with or attempts to tamper with the device or equipment shall be guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and F. the state mine inspector shall, within ninety days of the effective date of this section, approve an implementation plan for each mine covered by this section that includes a schedule for meeting the requirements of this section. Laws 2006, ch. 102, § 4; 2006, ch. 106, § 4; 2008, ch. 12, § 1.

NMSA 1978, § 69-8-17 Employee rights

69-8-17. Employee rights An employer shall not discharge or in any manner discriminate against, cause to be discharged or cause discrimination against an employee, representative of employees or applicant for employment in a mine subject to the Mining Safety Act because the employee, representative of employees or applicant for employment has filed or made a complaint under or related to that act or Chapter 69, Article 5 NMSA 1978, including a complaint notifying the operator, the operator's agent or the state mine inspector of an alleged danger or a safety or health violation in a mine, or because the employee, representative of employees or applicant for employment has instituted or caused to be instituted a proceeding under or related to the Mining Safety Act or has testified or is about to testify in any such proceeding. Laws 2006, ch. 102, § 5 and Laws 2006, ch. 106, § 5.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18572/index.doFetched: 10/20/2026