351.075 Exceptions to mandatory mine safety standards

351.075 Exceptions to mandatory mine safety standards.

(1) Upon petition by the operator or the representative of miners, the commissioner

may modify the application of any mandatory safety standard to a mine if the

commissioner determines that an alternative method of achieving the result of such

standard exists which will at all times guarantee no less than the same measure of

protection afforded the miners of such mine by such standard, or that the application

of such standard to such mine will result in a diminution of safety to the miners in

such mine. Upon receipt of such petition, the commissioner shall give notice to the

operator or the representative of miners in the affected mine, as appropriate, and

shall cause such investigation to be made as he deems appropriate. Such

investigation shall provide an opportunity for a public hearing, at the request of

such operator or representative or other interested party, to enable the operator and

the representative of miners in such mine or other interested party to present

information relating to the modification of such standard.

(2) The commissioner shall issue a decision incorporating his findings of fact therein,

and shall send a copy thereof to the operator or the representative of the miners, as

appropriate. Before granting any exception to a mandatory safety standard, the

findings of the commissioner or his authorized representative shall be made

available to the representative of the miners at the affected coal mine.