Section 23.10.410 - Limitation on period of employment in underground mines and requirement for pay for certain work(a) Except as provided in (d) - (f) of this section, a miner may not be employed in an underground mine or workings for more than 10 hours in 24 hours, except on a day when a change of shift is made. The 10-hour limitation applies only to work actually performed at the mine face or other place where the work is actually carried on and excludes time for meals, travel to or from the mine site, and travel between the mine portal and the mine face, whether in going on or off shift, or in going to or returning from meals. However, an employer shall pay wages for the time worked from the time the miner enters the mine at the mine portal, whether or not work is performed at the mine face or other place where the work is actually carried on, until the miner leaves the mine.(b) If life or property is in imminent danger, the 10-hour period may be extended for the continuance of the emergency.(c) The department may not, by regulation, impose more restrictions on the hours of work of miners than are imposed by this section. The department may issue orders and adopt regulations as necessary to carry out the purposes of this section.(d) On application from an employer, the commissioner may grant a variance that permits employment in an underground mine or workings for more than 10 but not more than 12 hours in a 24-hour period if the commissioner finds that(1) the additional working time is permitted under the terms of a collective bargaining agreement entered into by a bargaining organization that represents workers performing the work covered by the variance; or(2) the extension is in the best interest of resident workers of the state.(e) If an employer intends to employ a miner for more than eight hours in 24 hours under (a) of this section, the employer shall notify the department.(f) The department may revoke a variance granted under (d) of this section or reduce the 10-hour limitation on hours of work set in (a) of this section to eight hours if the department finds that(1) a significant violation of state or federal law has occurred at the mine relating to health and safety;(2) the employer has not abated the hazard causing the violation after receiving notice from the commissioner and an opportunity to cure the problem;(3) the reduction of hours of work is necessary to protect the health and safety of the miners; and(4) the reduction of hours of work is in the best interest of the resident workers of the state.(g) An employer that has abated a hazard that was the cause of a violation described in (f)(1) of this section may notify the department of the abatement. The department shall reinstate the variance or remove the reduction of hours, as appropriate, within 30 days after receiving the notice from the employer if the department finds that the hazard has been abated.(h) In this section, "miner"(1) means a person who works in an underground mine or workings and is engaged in actual mining operations;(2) does not include mechanics, warehousemen, electricians, and other support personnel at an underground mine or workings.