(225 ILCS 710/37) (from Ch. 96 1/2, par. 4245)
Sec. 37.
Required mine outlets.
It shall be the duty of every operator of
every mine, except as hereinafter provided, to maintain at least 2 outlets to
the surface from such mine, or an under-ground communicating passageway between
every such mine and some other neighboring mine, so that there shall be at all
times at least 2 distinct and available means of access to the surface to all
persons employed in such mine. Such outlets shall not be less than 100 feet
apart and there shall be between them a space not less than 50 feet in width
free of buildings or inflammable structures or material. Provided, however,
should unusual conditions be encountered in any mine which, in the opinion of
the Inspector, makes compliance with this Section impossible for the time being
written permission may be granted by the Department of Natural Resources to
continue operating only for the limited period of time necessary and for the
purpose only of relieving, overcoming, or removing such conditions which
prevent compliance.
Where 2 openings to the surface shall not have been provided as
aforesaid, it shall be the duty of the Inspector to order in writing,
served upon the operator or superintendent of such mine, a second opening
to be made without delay by the operator of said mine and in the event of
the operator of such mine failing forthwith to commence and prosecute the
making of a second opening within 20 days after the service of said order,
or in the event of the Inspector deeming any mine having only one such
opening to be dangerous to the lives and health of those employed therein.
The Inspector is hereby empowered to order work stopped in any part of the
mine, or in the entire mine and to order the immediate withdrawal of any
and all employees from the danger area. The Inspector shall then
immediately notify the Department of Natural Resources of the situation and it may institute an action for an injunction
to close said mine as provided for in Section 10 of this Act.
Provided, however, that as to all mines which are in operation on the
effective date of this amendment, the above requirements shall not apply in
case of (a) shafts or mines in process of being connected, to comply with
the terms of this Section; (b) shafts, winzes, adits, levels, tunnels, and
drifts to prospect for and develop mineral substances, but not for the
extraction of mineral substances, except such as may be extracted in the
course of such prospecting and development work; (c) any mine in which one
of the shafts or outlets shall have temporarily become unavailable for the
persons employed in the mine, and in which every effort is being made by
the operator in the mine to open such temporarily unavailable outlet, and
provided the same is not, in the opinion of the Inspector dangerous to life
and health of those employed therein; (d) mines having workings less than
100 feet deep and extending less than 500 feet from the shaft in any
direction, but not mines opened primarily by an adit, level, or tunnel; and
(e) mines opened by an adit, level, tunnel, or drift less than 1,000 feet
in length; and provided further, that mines opened by an inclined shaft if
less than 20 angle from the horizontal shall be considered for the purpose
of this Section and Act as equivalent to a mine opened by an adit, level,
tunnel, or drift.
Provided, further, that any prospecting or development property opened
by a timbered shaft and exempt under exception (b) from providing two
outlets to the surface shall not permit more than 50 people to work
underground at any one time, unless such shafts be provided with a water
sprinkling system.
(Source: P.A. 89-445, eff. 2-7-96.)
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