50-72-205. Procedure when noncompliance not likely to cause death or serious injury.
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50-72-205 . Procedure when noncompliance not likely to cause death or serious injury.
(1)If, upon any inspection or investigation, an authorized representative finds that there has been a failure to comply with a mandatory standard that is applicable to a mine, but that the failure to comply has not created a danger that could reasonably be expected to cause death or serious physical harm in the mine immediately or before the threat of the danger can be eliminated, the representative shall determine what would be a reasonable period of time within which the violation should be totally abated and issue a notice fixing a reasonable time for the abatement of the violation.
(2)If, upon the expiration of the period of time as originally fixed or extended, the authorized representative finds that the violation has not been totally abated and if the representative also finds that the period of time should not be further extended, the representative shall also determine the extent of the area that is affected by the violation. After the determination, the department shall make an order requiring the operator of the mine to cause all persons in that area to be withdrawn from and to be barred from entering the area, except for the following persons whose presence in the area is necessary to abate the violation described in the order:
(a)any person whose presence in the area is necessary in the judgment of the operator of the mine to abate the violation described in the order;
(b)any public official whose official duties require the official to enter the area;
(c)any legal or technical consultant or any representative of the employees of the mine who is a person qualified to make examinations or is accompanied by a qualified person and whose presence in the area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions described in the order.