§ 74-24.8. Findings, notices, and orders. - North Carolina Statutes

§74‑24.8.  Findings, notices, and orders.

(a)        (1)        If,upon any inspection of a mine, the Commissioner or his authorizedrepresentative finds that an imminent danger exists, he shall determine thearea throughout which such danger exists, and thereupon shall issue forthwithan order requiring the operator of the mine or his agent to cause immediatelyall persons, except as provided in subsection (d) of this section, to bewithdrawn from, and to be prohibited from entering, such area until theCommissioner or his authorized representative determines such imminent dangerno longer exists.

(2)        If, upon anyinspection of a mine, the Commissioner or his authorized representative findsthat an imminent danger exists with respect to the condition or manner of use ofany  equipment, machinery, article, or apparatus, he shall thereupon issue anorder requiring the operator or his agent to cause immediately such equipment,machinery, article, or apparatus to be withdrawn from, and to be prohibitedfrom, use or operation until the Commissioner or his authorized representativedetermines that such imminent danger no longer exists.

(3)        As a result of anyinvestigation of any "accident" or as a result of any otherinvestigation or tests performed, the Commissioner or his authorizedrepresentative may cause to be withdrawn and prohibited from use or operationin any mine any equipment, machinery, article, or apparatus the use of which islikely to cause serious physical harm or an "accident" until theCommissioner or his authorized representative determines that such equipment,machinery, article, or apparatus has been repaired, modified, reconditioned, oraltered in such manner that "accidents" or  serious physical harmwill thereafter be avoided.

(b)        If, upon anyinspection of a mine, the Commissioner or his authorized representative findsthat there has been a violation of any safety and health standard but theviolation has not created an imminent danger, he shall issue a notice to theoperator or his agent  fixing a reasonable time for the abatement of theviolation. If, upon  the expiration of the period as originally fixed orsubsequently extended, the Commissioner or his authorized representative findsthat the violation has not been totally abated, and if he also finds that theperiod of time should not be further extended, he shall find the extent of thearea affected by the violation and shall promptly issue an order requiring theoperator of such mine or his agent to cause immediately all persons, except asprovided in subsection (d) of this section, to be withdrawn from, and to beprohibited from entering, such area until the Commissioner or his authorizedrepresentative determines that the violation has been abated.

(c)        If, upon anyinspection of a mine, the Commissioner or his authorized representative findsthat there has been a repeated violation of a safety or health standard whichcould reasonably be expected to result in serious physical harm to any miner,he shall issue forthwith an order requiring the operator of the mine or hisagent to cause immediately all persons, except as provided in subsection (d) ofthis section, to be withdrawn from, and to be prohibited from entering, sucharea until the Commissioner or his authorized representative determines that theviolation has been abated.

(d)        The followingpersons may enter, upon approval of the Commissioner or his authorizedrepresentative, any area of a mine subject to an order issued under thissection:

(1)        Any person whosepresence in such area is necessary, in the judgment of the operator or theCommissioner or his authorized representative, to eliminate the conditiondescribed in the order;

(2)        A public officialwhose official duties require him to enter  such area;

(3)        A representative ofthe miners in such mine who, in the judgment of the operator or theCommissioner, or his authorized representative, is qualified to make mineexaminations or who is accompanied by such a person and whose presence in sucharea is necessary for the investigation of the condition described in theorder;

(4)        A consultant to anyof the foregoing.

(e)        Notices and ordersissued pursuant to this section shall contain a detailed description of theconditions or practices which cause and constitute an imminent danger or aviolation of any safety or health standard and where appropriate, a descriptionof the area of the mine from which persons must be withdrawn and prohibitedfrom entering, and a description of the equipment, machinery, article, orapparatus which shall be withdrawn and prohibited from use or operation.

(f)         A notice or orderissued pursuant to this section may be modified, vacated, or terminated uponreview by the Commissioner or his authorized representative. (1975,c. 206, s. 8.)