Ohio § 1561.16

§ 1561.16.

(A) As used in this section and sections 1561.17 to 1561.20 of the Revised Code , “ actual practical experience ” means previous employment that involved a person's regular presence in the type

of mining operation in which the experience is required to exist;  participation in

functions relating to the hazards involved in and the utilization of equipment, tools,

and work crews and individuals for that type of mining;  and regular exposure to the

methods, procedures, and safety laws applicable to that type of mining.  Credit of up to one year for a portion of the required experience time may be given

upon documentation to the chief of the division of mineral resources management of

an educational degree in a field related to mining.  Credit of up to two years of the required experience time may be given upon presentation

to the chief of proof of graduation from an accredited school of mines or mining after

a four-year course of study with employment in the mining industry during interim

breaks during the school years. (B) Except as provided in division (G) of this section, a person who applies for a certificate

as a mine foreperson of gaseous mines shall be able to read and write the English

language;  shall have had at least five years' actual practical experience in the

underground workings of a gaseous mine or the equivalent thereof in the judgment of

the chief;  and shall have had practical experience obtained by actual contact with

gas in mines and have knowledge of the dangers and nature of noxious and explosive

gases and ventilation of gaseous mines.  An applicant for a certificate as a foreperson of gaseous mines shall meet the same

requirements, except that the applicant shall have had at least three years' actual

practical experience in the underground workings of a gaseous mine or the equivalent

thereof in the judgment of the chief.  Each applicant for examination shall pay a fee established in rules adopted under

this section to the chief on the first day of such examination. (C) A person who has been issued a certificate as a mine foreperson or a foreperson of

a gaseous mine and who has not worked in an underground coal mine for a period of

more than two calendar years shall apply for and obtain recertification from the chief

in accordance with rules adopted under this section before performing the duties of

a mine foreperson or a foreperson of a gaseous mine.  An applicant for recertification shall pay a fee established in rules adopted under

this section at the time of application for recertification. (D) A person who has been issued a certificate as a mine foreperson or a foreperson of

a gaseous mine and who has not worked in an underground coal mine for a period of

one or more calendar years shall successfully complete a retraining course in accordance

with rules adopted under this section before performing the duties of a mine foreperson

or a foreperson of a gaseous mine. (E) The chief, in consultation with a statewide association representing the coal mining

industry and a statewide association representing employees of coal mines, shall adopt

rules in accordance with Chapter 119. of the Revised Code that do all of the following: (1) Prescribe requirements, criteria, and procedures for the recertification of a mine

foreperson or a foreperson of a gaseous mine who has not worked in an underground

coal mine for a period of more than two calendar years; (2) Prescribe requirements, criteria, and procedures for the retraining of a mine foreperson

or a foreperson of a gaseous mine who has not worked in an underground coal mine for

a period of one or more calendar years; (3) Establish fees for the examination and recertification of mine forepersons or forepersons

of gaseous mines under this section; (4) Prescribe any other requirements, criteria, and procedures that the chief determines

are necessary to administer this section. (F) Any money collected under this section shall be paid into the state treasury to the

credit of the mining regulation and safety fund created in section 1513.30 of the Revised Code . (G) The chief shall issue a certificate as a foreperson of gaseous mines in accordance

with Chapter 4796. of the Revised Code to an applicant if either of the following

applies: (1) The applicant holds a license or certificate in another state. (2) The applicant has satisfactory work experience, a government certification, or a

private certification as described in that chapter as a foreperson of gaseous mines

in a state that does not issue that license or certificate.