Ohio § 1514.47

§ 1514.47.

(A)(1) The operator of a surface mining operation shall employ a certified mine foreperson

to be in charge of the conditions and practices at the mine and to be responsible

for conducting examinations of the surface mining operation under 30 C.F.R. part 56 , as amended. (2) Examinations of surface mining operations for the purposes of 30 C.F.R. part 56 , as amended, shall be conducted by one of the following: (a) A certified mine foreperson; (b) A person who is qualified to conduct such examinations as provided in division (D)

of this section; (c) A person designated by the certified mine foreperson as a competent person. (3) For purposes of this section, a competent person is a person who has been trained

in accordance with 30 C.F.R. part 46 and been determined by a certified mine foreperson to have demonstrated the ability,

training, knowledge, or experience necessary to perform the duty to which the person

is assigned.  A person is not a competent person if the chief of the division of mineral resources

management demonstrates, with good cause, that the person does not have the ability,

training, knowledge, or experience necessary to perform that duty. (4) The operator of a surface mining operation shall maintain records demonstrating that

a competent person designated by a certified mine foreperson has the ability, training,

knowledge, or experience to perform the duty to which the person is assigned as well

as records of the competent person's training in accordance with 30 C.F.R. part 46 .  The operator shall make the records available to the chief upon request. (B) Except as provided in division (E) of this section, the chief shall conduct examinations

for the position of certified mine foreperson in accordance with rules.  In order to be eligible for examination as a certified mine foreperson, an applicant

shall file with the chief an affidavit establishing the applicant's qualifications

to take the examination.  The chief shall grade examinations and issue certificates. (C)(1) A certificate issued under this section shall not expire unless the certificate holder

has not been employed in a surface mining operation for five consecutive years.  If the certificate holder has not been employed in a surface mining operation for

five consecutive years, the certificate holder may retake the mine foreperson examination

or may petition the chief to accept past employment history in lieu of fulfilling

the employment requirement established in this division.  The chief shall grant or deny the petition by issuance of an order.  If the chief grants the petition, the chief shall reissue the certificate. (2) If a certificate issued under this section is suspended, the certificate shall not

be renewed until the suspension period expires and the person whose certificate is

suspended successfully completes all actions required by the chief.  A certificate that has been revoked shall not be renewed. (3) If a person who has been certified by the chief under this section purposely violates

this chapter, the chief may suspend or revoke the certificate after an investigation

and hearing conducted in accordance with Chapter 119. of the Revised Code are completed. (4) If a person holds a certificate issued under this section that has not expired prior

to September 29, 2015, the chief, upon request, shall reissue to that person a certificate

that does not expire as provided in division (C)(1) of this section. (5) If a person holds a certificate issued under this section that expired on or after

April 7, 2012, and has not been issued a new certificate prior to September 29, 2015,

the chief, upon request, shall issue to that person a certificate that does not expire

as provided in division (C)(1) of this section, provided that the person is in compliance

with all other applicable requirements established in this chapter and rules adopted

under it. (D) In lieu of employing a certified mine foreperson, the operator of a surface mining

operation may submit to the chief a detailed training plan under which persons who

qualify under the plan may conduct and document examinations at the surface mining

operation for purposes of 30 C.F.R. part 56 , as amended.  The chief shall review the plan and determine if the plan complies with the requirements

established in rules.  The chief shall approve or deny the plan and notify in writing the operator who

submitted the plan of the chief's decision. (E) The chief shall issue a mine foreperson certificate in accordance with Chapter 4796.

of the Revised Code to any person if either of the following applies: (1) The person holds a license or certificate in another state. (2) The person has satisfactory work experience, a government certification, or a private

certification as described in that chapter as a mine foreperson in a state that does

not issue that license or certificate.