§ 74-24.5. Modification of safety and health standards. - North Carolina Statutes

§74‑24.5.  Modification of safety and health standards.

Upon petition by an operator,a representative of miners, or a miner, the Commissioner may modify theapplication of any safety and health standard to a mine if the Commissionerdetermines that an alternative method of protecting the miners will guaranteethe same measure of protection afforded the miners by the standard, or willenhance the level of safety and health provided by that standard. Upon receiptof such petition the Commissioner shall give public notice thereof and givenotice to the operator, the representative of miners, or the miner in theaffected mine, as appropriate, and shall cause such investigation to be made ashe deems appropriate. Such investigation shall provide an opportunity for apublic hearing, at the request of such operator, representative of the miners,or miner to enable the operator, the representative of miners, or miner in suchmine or any interested party to present information relating to themodification of such standard. The Commissioner shall issue a decisionincorporating his findings of fact therein and send a copy thereof to theoperator, the representative of the miners, or miner as appropriate. A recordshall be kept of a public hearing held under this section. The decision of theCommissioner is considered a final agency decision for purposes of judicialreview. (1975, c. 206, s. 5; 1987, c. 827, s. 258.)