Montana Code Annotated
Part 4. Inspections, Investigations, and Compliance
50-73-402. Department authorized to enter and inspect coal mines

50-73-402. Department authorized to enter and inspect coal mines. (1) The department may enter, inspect, and examine any coal mine or any shaft, drift, or slope in the process of sinking for the purpose of mining coal in this state and the workings and the machinery belonging to the coal mine at all reasonable times either by day or night. The department's entry, inspection, or examination under this subsection may not impede or obstruct the workings of the mine.
(2) The department may at any time perform inspections and investigations that the department considers necessary in surface and underground mines subject to this chapter:
(a) to obtain, use, and disseminate information relating to health and safety conditions in the mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating in the mine; and
(b) to determine compliance with a health and safety standard or order issued under this chapter.
(3) The department may enter, upon or through, any mine subject to this chapter to conduct an inspection or investigation.
(4) The department shall prepare a written report for every inspection or investigation conducted under 50-73-406 and this section, noting the time and the material circumstances of the inspection or investigation.
History: (1)En. Sec. 5, Ch. 120, L. 1911; re-en. Sec. 3450, R.C.M. 1921; re-en. Sec. 3450, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1941; amd. Sec. 1, Ch. 38, L. 1945; amd. Sec. 2, Ch. 185, L. 1949; amd. Sec. 5, Ch. 267, L. 1974; Sec. 50-404, R.C.M. 1947; (2), (3)En. 50-480, 50-480.1 by Secs. 23, 24, Ch. 267, L. 1974; Secs. 50-480, 50-480.1, R.C.M. 1947; R.C.M. 1947, 50-404(1), 50-480, 50-480.1; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 19, Ch. 27, L. 2009.

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