A. The state mine inspector shall:

(1) develop and maintain mine safety and health training programs;

(2) upon notification of any explosion or other catastrophic event at a mine in which the lives of mine workers are jeopardized or in which fatalities have occurred, allocate available resources within a twenty-four-hour time period to assist the mine operator in the rescue of persons and the subsequent accident investigation;

(3) upon request from any operator, provide compliance assistance to include on-site audits to any mine or mine operator within the state to aid in the health and safety of mine workers and mine operators;

(4) if a mine is found to be unsafe during an inspection, give written notice that the mine is unsafe to the owner, operator or manager of the mine with an explanation for the notice;

(5) support and maintain a uniform system of mine bell signals and furnish a copy of the signal system to each underground mine operator within the state. Automated hoists shall be exempt from compliance with the bell signal requirements;

(6) implement a program of certifying mine personnel as provided by law; and

(7) make a report to the governor on or before June 1 of each year, which report covers the preceding calendar year and contains a review of the official acts of the inspector.

B. The director of the mining and minerals division of the energy, minerals and natural resources department shall:

(1) cooperate with the state mine inspector to assist the state mine inspector in the performance of the state mine inspector's duties, including providing the state mine inspector with mine registration and other information collected by the department;

(2) provide an annual resources report to the governor that shall include statistics of the number of persons employed in mining, the production and value thereof; and

(3) have right of entry to the mines as may be required to fulfill the director's statutory duties.

History: Laws 1933, ch. 153, § 14; 1941 Comp., § 67-404; 1941, ch. 28, § 1; 1947, ch. 210, § 2; 1953, ch. 46, § 1; 1953 Comp., § 63-4-5; Laws 1963, ch. 229, § 1; 1973, ch. 218, § 2; 1987, ch. 234, § 50; 1989, ch. 193, § 2; 2007, ch. 301, § 2; 2007, ch. 302, § 2.

Cross references. — For cooperation with bureau of geology and mineral resources, see 69-1-2 NMSA 1978.

For state mine inspector duties and status, see 69-1-6 NMSA 1978.

For inspector's duties under the Mining Safety Act, see 69-8-5 NMSA 1978.

The 2007 amendment, effective June 20, 2007, added Paragraphs (1) through (4) and (6) of Subsection A and exempted automated hoists from compliance with the bell signal requirements.

Laws 2007, ch. 301, § 2 and Laws 2007, ch. 302, § 2, both effective June 20, 2007, enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 302, § 2. See 12-1-8 NMSA 1978.

The 1989 amendment, effective July 1, 1989, added all of the catchline following "Duties"; inserted the present designation for Subsection A; redesignated former Subsections A through E as present Paragraphs (1) through (5) of Subsection A; deleted at the end of present Subsection A(5) "Statistics of the number of persons employed in and about the mines in the state and of the production and the estimated value thereof and a resume of the mining conditions generally existing in the state during that calendar year"; and added Subsection B.

Inapplicable to water diversion project. — A United States corps of engineers' shaft sinking operation for purposes of diverting waters of the Rio Grande and Chamita rivers would not come under the supervision and be governed by state mining provisions. 1956 Op. Att'y Gen. No. 56-6485.

State inspector has no authority to reduce safety requirements. 1959 Op. Att'y Gen. No. 59-50.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 257.

58 C.J.S. Mines and Minerals § 237.