50-72-204. Debarment of persons from mine when death or serious injury likely. If, upon any inspection of a mine that is subject to this chapter, authorized representatives of the department find that the conditions or practices in the mine are such that a danger exists that could reasonably be expected to cause death or serious physical harm immediately or before the threat of the danger can be eliminated, the representatives shall determine the extent of the area of the mine throughout which the danger exists. Upon that determination, the representatives of the department shall issue an order requiring the operator of the mine to cause all persons to be withdrawn from and to be barred from entering the area, except the following persons whose presence in the area is necessary to eliminate the danger described in the order:

(1) any person whose presence in the area is necessary in the judgment of the operator of the mine to eliminate the danger described in the order;

(2) any public official whose official duties require the official to enter the area;

(3) any legal or technical consultant or any representative of the employees of the mine who is a person qualified to make mine 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.

History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(c); amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1874, Ch. 56, L. 2009.