HB 300

Existing law provides qualification requirements for the certification of coal mine foremen and coal mine fire bosses and also allows for a qualified individual with an out-of-state certification to temporarily serve as either a coal mine foreman or coal mine fire boss if he or she otherwise has the requisite experience and is approved by either the Chief of the Division of Safety and Inspection of the Department of Labor or a mine inspector delegated by the chief

This bill would clarify requirements for certification as a coal mine foreman and coal mine fire boss by providing revised qualification guidelines for applicants holding college degrees

This bill would also provide that an individual holding an out-of-state certification as a coal mine foreman or a coal mine fire boss may temporarily serve as a coal mine foreman or coal mine fire boss if that individual otherwise meets the requisite requirements for the position

This bill would also revise the amount of time during which a temporary coal mine foreman or coal mine fire boss may serve in the position

Relating to coal mining; to amend Sections 25-9-11, 25-9-12, and 25-9-17, Code of Alabama 1975; to clarify requirements for certification as a coal mine foreman and coal mine fire boss by providing revised qualification guidelines for applicants holding college degrees; to provide that an individual holding an out-of-state certification as a coal mine foreman or a coal mine fire boss may temporarily serve as a coal mine foreman or coal mine fire boss if that individual otherwise meets the requisite requirements for the position; and to revise the amount of time during which a temporary coal mine foreman or coal mine fire boss may serve in the position.

Section 1

Sections 25-9-11, 25-9-12, and 25-9-17, Code of Alabama 1975, are amended to read as follows:

§25-9-11.

(a) Each applicant for a mine foreman's certificate of competency shall satisfy all of the following requirements be at least 23 years old and be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall satisfy one of the following:

(1) Be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government. Have had at least four years of practical mining experience.

(2) Be at least 23 years old. Have had at least two years of practical experience in or around coal mines and hold a bachelor level degree in engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(3) Have had four years practical mining experience or have had three years practical experience in or around coal mines and be a graduate of a school accredited by the American Association of Universities or have satisfactorily completed an associate degree program in mine technology at an approved state trade school or university. Have had at least three years of practical experience in or around coal mines and hold an associate level degree in engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(4) Present (b) Each applicant must also submit with his or her application an affidavit of his or her meeting reflecting that he or she has met the foregoing requirements described in this section and of attesting to his or her good moral character and known temperate habits, which. This affidavit shall be signed by three reputable citizens, at least one of whom shall be the holder of a mine foreman's certificate.

(5) Present with his or her application an affidavit that he or she is not a member of any political party or organization that advocates the overthrow of the government of the United States by force.

§25-9-12.

(a) Each applicant for a fire boss's certificate of competency shall meet the same qualifications as those for a mine foreman; except that three years' practical experience in or around coal mines is substituted for the requirements of subdivision (3) of Section 25-9-11, and at least one of the persons signing the affidavit shall be holder of a fire boss's or a mine foreman's certificate. be at least 22 years old and be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall satisfy one of the following:

(1) Have had at least three years of practical mining experience.

(2) Have had at least one year of practical experience in or around coal mines and hold a bachelor level degree in engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(3) Have had at least two years of practical experience in or around coal mines and hold an associate level degree in engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(b) Each applicant must also submit with his or her application an affidavit reflecting that he or she has met the requirements described in this section and attesting to his or her good moral character and known temperate habits. This affidavit shall be signed by three reputable citizens, at least one of whom shall be the holder of a mine foreman's certificate.

§25-9-17.

(a) Except as otherwise provided in this chapter, no person shall act as fire boss in any coal mine in this state unless he or she is in possession of a fire boss's certificate of competency. Anyone holding a mine foreman's certificate of competency may serve as fire boss. Whenever any exigency arises by which or a mine foreman's certificate of competency.

(b) If it is impossible for any an operator, owner, or lessee to secure the immediate service of a certified mine foreman or fire boss, he or she may employ a person, who has the same qualifications by experience, concurred in by the chief or mine inspector delegated by the chief, to act as temporary mine foreman or fire boss for a period not to exceed ays holds a valid underground coal mine foreman certification issued by another state and who meets the qualifications to work as a mine foreman in this state, to act as a temporary mine foreman or fire boss until the date of the next mine foreman examination that the person is eligible to take.

(c) The requirements for a temporary mine foreman or fire boss shall be no more severe stringent than those contained in federal regulations."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.