23-282. Underground mine employees and hoisting engineers; twelve hour day; exceptions; violation; classification
A. The period of employment for all persons employed or engaged in mining activities in underground mines or underground workings or as hoisting engineers at underground mines shall not exceed twelve hours within any twenty-four hour period and the twelve hours shall include the time used in descending to and ascending from the point or place of work in an underground mine or underground workings place of work.
B. The period of employment prescribed in subsection B may be deviated from in the following instances:
1. In an emergency, where life or property is in imminent danger, the period of labor prescribed in subsection B may be prolonged during the continuance of the emergency.
2. The hours of employment may be changed from one part of the day to another at stated periods, the change not to occur more than once in any two weeks, and the employment may be for more than twelve hours during the day in which the change is made.
3. If the employer has adopted a policy of longer periods of employment based on a collective bargaining agreement between the employer and one or more labor organizations representing one or more affected employees that expressly authorizes longer periods of employment, but in no event longer than twelve hours in any twenty-four hour period, subject to compliance with the terms and conditions for implementing periods of employment in excess of eight hours as set forth in the collective bargaining agreement. For purposes of this paragraph, " affected employees" means all or any group of employees of the employer, regardless of whether or not the employees are members of a labor organization, whose periods of employment are limited pursuant to subsection B of this section.
C. Any person violating any provision of this section, and any person who, as foreman, manager, superintendent, director, or officer of a corporation, or as employer or superior officer of any person, knowingly commands, persuades, or allows any person to violate any provision of this section is guilty of a class 2 misdemeanor.
D. Each day this section is violated constitutes a separate offense.
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