General Duties of Operators and Employees in Other Than Coal Mines

NMSA 1978 ch. 69, art. 27

in effect

NMSA 1978, § 69-27-1 [Safety measures required of operators.]

69-27-1. [Safety measures required of operators.] Every mine employer shall furnish such employment and such place of employment as shall be reasonably safe for the employees therein, and shall furnish and use safety devices and safeguards, adopt and use methods and processes reasonably adequate to render such employment and place of employment safe and shall do every other thing reasonably necessary to protect the life, health, safety and welfare of such employees. Laws 1933, ch. 153, § 194; 1941 Comp., § 67-2001; 1953 Comp., § 63-20-1.

NMSA 1978, § 69-27-2 [Presence of official with complete authority required.]

69-27-2. [Presence of official with complete authority required.] The mine operator shall at all times during the operation of the mine have a person on the ground with authority over all branches and phases of the operation of the mine during the time he is on duty. Provided, however, that nothing herein contained shall prevent the owner or operator from personally having such charge of the mine, provided he can qualify under all other provisions of this act. Laws 1933, ch. 153, § 195; 1941 Comp., § 67-2002; 1953 Comp., § 63-20-2.

NMSA 1978, § 69-27-3 Mine abandonment; precautions

69-27-3. Mine abandonment; precautions Upon abandonment of a mine and thereafter, the owner or operator must effectively close or fence off all surface openings down which persons could fall or through which persons could enter. Upon or near all those safeguards, trespass warnings and appropriate danger notices shall be posted. The director of the mining and minerals division of the energy, minerals and natural resources department may bring an action in district court to compel the safeguarding of an abandoned mine. In the event of immediate danger to public health and safety, the director of the mining and minerals division may take all action necessary to safeguard the abandoned mine and recover reasonable costs for such work from the owner of the mine. Laws 1933, ch. 153, § 196; 1941 Comp., § 67-2003; 1953 Comp., § 63-20-3; Laws 1989, ch. 193, § 17.

NMSA 1978, § 69-27-4 [Gas or other serious condition; operator to report promptly to mine inspector.]

69-27-4. [Gas or other serious condition; operator to report promptly to mine inspector.] The operator shall report promptly to the mine inspector by telegraph or telephone the occurrence in and about the mines of serious outbursts of gas or other serious conditions threatening to cause the loss of lives. Laws 1933, ch. 153, § 197; 1941 Comp., § 67-2004; 1953 Comp., § 63-20-4.

NMSA 1978, § 69-27-5 [Operator's report of compensable mine accidents; contents.]

69-27-5. [Operator's report of compensable mine accidents; contents.] A report in writing shall be made to the mine inspector of each compensable mine accident. Such reports shall give the name, age and occupation of the injured person, the date of accident, name and location of mine, the cause of accident, actual work being performed when injured, nature or result of injury, probable length of disability; this report shall be made within one month of the date of injury. Laws 1933, ch. 153, § 198; 1941 Comp., § 67-2005; 1953 Comp., § 63-20-5.

NMSA 1978, § 69-27-6 [Safety devices and orders; employees' duty.]

69-27-6. [Safety devices and orders; employees' duty.] No mine employee or other person shall remove, displace, damage, destroy, carry off or fail to use any safety device, safeguard notice or warning provided for use in any mine employment or place of mine employment, or interfere in any way with the use thereof by any other person, or interfere with the use of any method or process adopted for the protection of any mine employee, in such employment or place of employment, or fail or neglect to follow and obey safety orders promulgated by the mine operator or the mine inspector, and to do every other thing reasonably necessary to protect the life, health, safety and welfare of employees, including himself. Laws 1933, ch. 153, § 199; 1941 Comp., § 67-2006; 1953 Comp., § 63-20-6.

NMSA 1978, § 69-27-7 [Misdemeanors, punishment; intoxicants, damage to equipment, violation of danger signs and unauthorized travel prohibited.]

69-27-7. [Misdemeanors, punishment; intoxicants, damage to equipment, violation of danger signs and unauthorized travel prohibited.] Any employee violating the provisions of Section 199 of Article 34 [69-27-6 NMSA 1978] shall be deemed guilty of a misdemeanor punishable by fine or imprisonment or both as set forth in another section of this act. No miner or other person shall carry into a mine intoxicating liquors or alcoholic beverages or enter the mine under the influence of intoxicating liquor; he shall not destroy any part of the machinery or equipment of the mine; no unauthorized person shall enter any part of the mine against a danger sign nor travel any haulageway in a mine where a manway is provided. Laws 1933, ch. 153, § 200; 1941 Comp., § 67-2007; 1953 Comp., § 63-20-7.

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