(a) In order to protect the health and safety of persons employed in or around mines and the mine property, the operator or superintendent shall employ a competent and practical overseer of each and every mine whose title shall be “mine foreman.”

(b) The foreman shall be certified as hereinbefore required in this chapter, and shall see that the applicable federal and state safety and health standards, regulations, and laws are complied with. Where it is necessary that the mine foreman be temporarily absent from the mine, the foreman shall place the mine in charge of a qualified assistant during such absence.

(c)

(1) As used in this section:

(A) “Mining site” means all mines and the surrounding property used in mining operations; and

(B) “Qualified assistant” means a person who is designated by the owner or operator to ensure that all legal, safety, and compliance standards are enforced.

(2) A qualified assistant shall have the ability, training, knowledge, and experience to ensure compliance with all legally imposed safety standards.

(3) A qualified assistant must be able to effectively communicate legally imposed safety standards to all persons present at the mining site.

(4) A qualified assistant shall have the same authority as the foreman when the foreman is not present at the mining site.

(5) A qualified assistant shall not be considered an agent or representative of the owner or operator for the purposes of § 59-4-302.

(6) More than one (1) person may be designated as a qualified assistant, if circumstances or logistics related to the mining site so require.

(7)

(A) The designation by the owner or operator of a qualified assistant shall be in writing and specify the beginning and end dates of the designation.

(B) The written designation required under subdivision (c)(7)(A) shall be prominently displayed at the office of the foreman on site, or displayed in such a manner that persons present at the mining site have actual notice of the designation.

(d) Failure of the mine foreman to comply with the duties set forth herein is a Class B misdemeanor.