New Jersey § 34:6-98

§ 34:6-98.

a. Whenever the commissioner receives a complaint in writing signed by 2 or more persons

employed in a mine, setting forth that the mine or part thereof in which he or they

are working is being operated contrary to law, or is dangerous in any respect to the

health or lives of those employed therein, he shall cause to be inspected such mine

as soon as possible. The names of the persons making such complaint shall be kept secret, unless permission

to disclose them be expressly granted by the persons making the complaint. Such complaint shall in all cases set forth the nature of the danger existing at

the mine, and the time when such danger was first observed. If, after such inspection, it is found that the conditions are dangerous to the

health or lives of those employed therein, the commissioner shall serve a notice,

setting forth fully the facts, upon the operator or any person having charge of such

mine, and shall order the operator of said mine or mines to remove such dangerous

or harmful conditions, and the operator of said mine shall obey said order. b. Whenever loss of life or serious accident shall occur in any mine, the operator

thereof shall forthwith give notice immediately in the quickest possible manner, and,

in addition, shall report the facts thereof in writing within 24 hours after such

occurrence in a manner prescribed by the section . The refusal or failure of said owner, agent, manager or operator to so report shall

be a misdemeanor. The section , upon receipt of notice of such accident, shall investigate the same and make, or

cause to be made, a report which shall be filed for future reference. In case of the loss of life, any inspector of the section may take testimony of witnesses relative to the same, for the purpose of ascertaining

the cause of such accident, and for his information in filing a report concerning

the same. If, after making such investigation, the section considers the facts warrant it, a copy of the report of such accident and all papers

relating thereto shall be forwarded to the county prosecutor of the county in which

the accident or loss of life occurred, together with an accompanying statement, showing

in what particular or particulars it is believed the law to have been violated, and

if upon the receipt thereof, the prosecuting officer of the said county deems the

facts sufficient to make a prima facie case of criminal action against any person

or persons, he shall present such evidence to the grand jury, or take such steps for

the criminal prosecution of such operator, employees or persons as may seem advisable.