(1) If, upon any inspection or investigation, an authorized representative finds that
there has been a failure to comply with a mandatory standard that is applicable to
a mine, but that the failure to comply has not created a danger that could reasonably
be expected to cause death or serious physical harm in the mine immediately or before
the threat of the danger can be eliminated, the representative shall determine what
would be a reasonable period of time within which the violation should be totally
abated and issue a notice fixing a reasonable time for the abatement of the violation.
(2) If, upon the expiration of the period of time as originally fixed or extended,
the authorized representative finds that the violation has not been totally abated
and if the representative also finds that the period of time should not be further
extended, the representative shall also determine the extent of the area that is affected
by the violation. After the determination, the department shall make an order requiring the operator
of the mine to cause all persons in that area to be withdrawn from and to be barred
from entering the area, except for the following persons whose presence in the area
is necessary to abate the violation described in the order:
(a) any person whose presence in the area is necessary in the judgment of the operator
of the mine to abate the violation described in the order;
(b) any public official whose official duties require the official to enter the area;
(c) any legal or technical consultant or any representative of the employees of the
mine who is a person qualified to make examinations or is accompanied by a qualified
person and whose presence in the area is necessary, in the judgment of the operator
of the mine, for the proper investigation of the conditions described in the order.
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