Section 22-10-12-11 - Mine rescue team; training; compensation(a) The bureau of mines and mine safety shall maintain either one (1) or two (2) mine rescue teams. Each team must consist of at least five (5) members and two (2) alternate members. At the discretion of the commissioner of labor, the requirement to maintain either one (1) or two (2) mine rescue teams may be met by using an operator to provide the team members, equipment, and supplies necessary for not more than one (1) team. The board shall: (1) require active underground mines to provide personnel for the mine rescue teams; and(2) consult with operators to determine the number of personnel that each operator of an active underground mine is required to furnish for the mine rescue teams. The director, in consultation with the board, shall determine the training and retraining requirements for the mine rescue teams, consistent with Mine Safety Administration requirements.
(b) When practical, members of a mine rescue team shall be made up of supervisory and nonsupervisory employees.(c) A member of a mine rescue team shall be fully compensated by the owner or operator for wages lost and expenses incurred while being trained under this section if the employee elects to be compensated.(d) Compensation for damages arising from the injury or death of a member of a mine rescue team while performing rescue operations shall be limited to the rights and remedies provided by the injured person's employer. However, the employer of the injured or fatally injured mine rescue team member is entitled to reimbursement from the operator whose mine is the subject of the rescue attempt for the actual cost to the employer that is attributable to the injury or death.(e) The operator of the mine that is the subject of the rescue attempt shall reimburse the bureau for the actual cost of a mine rescue operation, including compensation for all mine rescue team members.As added by P.L. 232-1983, SEC.2. Amended by P.L. 37-1985, SEC.53; P.L. 243-1987, SEC.13; P.L. 215-1989, SEC.6; P.L. 1-1990, SEC.239; P.L. 35-2007, SEC.21.