December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1911 PA 163, entitled
"An act to provide for the election of inspectors of mines in
certain cases and the appointment of their deputies, for the
appointment of such inspectors of mines and their deputies until
the election and qualification of the first inspectors of mines, to
prescribe their powers and duties and to provide for their
compensation, and to repeal Act No. 213 of the Public Acts of
1887,"
by amending section 8 (MCL 425.108), as amended by 1984 PA 116.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8. The duties of the A mine inspector shall be to visit
all
of the mines of located
within his or her county once in every
60 days, and more often if in his or her judgment it becomes
necessary. ,
and The mine inspector shall closely inspect the mines
so
visited , and condemn all such places where he or she shall
find
determines that the employees are in danger from any cause, whether
resulting from careless mining or defective machinery or appliances
or improper or unsafe methods of any nature. The mine inspector
shall compel the erection of a partition between all shafts where
hoisting of ore is performed and where there are ladder ways, where
persons must ascend and descend going to and from their work. If
the
mine inspector shall find determines
that a place is dangerous
from
any cause, as aforesaid, the mine inspector shall
immediately
order the persons engaged in work at that place to quit work, and
shall notify the superintendent, agent, or person in charge to
secure
the place from the existing danger.
, which The notification
or order shall be in writing and shall clearly define the limits of
the dangerous place and specify the work to be done or change to be
made
to render the same place secure, ordinary mine risks excepted.
The
mine inspector shall also command order the person, persons,
or
corporation working any mine, or the agent, superintendent,
foreman, or other person having immediate charge of the working of
any
mine, to furnish all shafts and open pits of the mine with some
a secure safeguard at the top of the shaft or open pit so as to
guard
against accident by persons falling therein into the shaft or
open
pit or by material falling down the
mine. , also In
addition,
the mine inspector shall require a covering on all the carriages on
which persons ascend or descend up and down the shaft, if in the
inspector's
judgment it shall be is practicable and necessary for
the
purpose of safety. If a mine is
idle or abandoned, the mine
inspector shall notify the person, persons, or corporation owning
the
land on which the mine is situated, or the agent of such the
owner or owners, to erect and maintain around all the shafts and
open pits of the mine a fence or railing suitable to prevent
persons or domestic animals from accidentally falling into the
shafts or open pits. This notice shall be in writing and shall be
served upon the owner, owners, or agent, personally or by leaving a
copy at the residence of the owner or agent, if they or any of them
reside
in the county where the mine is situated. , and Prior to
January
1, 2015, if the owner, owners, or
agents are none of them
not residents of the county the notice may be given by publication
in 1 or more newspapers printed and circulated in the county if
there be one, and by registered letter, and if a newspaper is not
published in the county then in a newspaper published in some
adjoining county for a period of 3 consecutive weeks. Beginning
January 1, 2015, if the owner, owners, or agents are not residents
of the county, tier A public notice shall be provided as set forth
in the local government public notice act. If the owner, owners, or
agent
shall do not, within 30 days after receiving such the notice
or within 30 days after the completion of publication, erect
suitable fences or railings as provided in this section, the mine
inspector
shall cause such suitable fences or railings to be
erected
and make a return provide
an accounting of his or her
doings
in the case, actions, with the description of the land or
lands on which the shafts and open pits are located, together with
an
itemized statement of the actual expenses incurred in the case
on
each description of land, to the county clerk of the county. ,
which
return The accounting and statement shall be verified by the
affidavit of the mine inspector. All expenses incurred under this
section shall be audited by the county board of commissioners of
the
county, and all sums allowed by the board for such the expenses
shall be paid from the general fund of the county. The county clerk
shall certify to the county board of commissioners at its annual
meeting in each year the amount of expense incurred under this
section
during the preceding year and the amount belonging
attributable
to each and every description of
land on which any
such
mines are situated. ,
and that amount These amounts
shall be
certified
to the supervisors of the proper affected townships in
the same manner as county taxes are certified to those supervisors.
,
and the The amount of the expense incurred as above on for each
description shall be assessed by the supervisors upon the
description upon their assessment rolls for that year in a separate
column, and shall be collected in the same manner as county taxes,
and when so collected paid into the general fund of the county.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.