Section 690-105 - Powers and duties of departmentThe department shall have the power and duty to administer a mine safety program for individuals employed at mines. The department has the power and duty to do all of the following:
(1) Make inspections of public or private property as are necessary or useful in determining compliance with the provisions of this act, the rules and regulations promulgated under this act and any order, approval or permit issued by the department. The inspections may include examining or copying any documents required by this act.(2) Conduct investigations and interviews of individuals at a mine or elsewhere.(3) Issue orders to implement and enforce the provisions of this act.(4) Institute proceedings and actions to implement the provisions and effectuate the purposes of this act, including suits seeking equitable relief or declaratory judgments and suits to recover costs incurred by the department.(5) Institute prosecutions against the operator or his agent for a violation of any provision of this act.(6) Determine whether an individual is qualified to carry out a particular function or duty at a mine and to issue appropriate certification.(7) Disqualify an individual whose conduct poses a threat to the health and safety of those who work at mines or who interfere with the safe operation of any mine.(8) Review and take appropriate action concerning safety of miners and individuals in and about mines on all permit applications submitted to the department.(9) Receive and act upon complaints.(10) Conduct, review and, if funds are allocated for such purposes, commission scientific and other research directed to the purposes of this act.(11) Approve electrical equipment, machinery, materials, methods and plans to be used at mines in this Commonwealth.(12) Approve, on a mine-specific basis, the use of new technology, methods, materials, machinery, equipment, systems, tools, devices, processes and plans different from those required or authorized under the provisions of this act or the regulations promulgated under this act. The department may only make approvals under this paragraph if the approval meets or exceeds the protections afforded under this act or the regulations promulgated under this act. Approvals under this paragraph shall have no precedent effect. All approvals in effect as of the effective date of this paragraph shall remain in effect unless suspended, modified or revoked by the department.(13) Respond to, coordinate and assist responses to mine accidents and other emergencies.(14) Establish a mine map repository.(15) Serve as the agency of the Commonwealth for the receipt of funds from the Federal Government or other public agencies and expend the funds for studies and research with respect to and for the enforcement and administration of the purposes and provisions of this act and the regulations promulgated under this act.(16) Assess civil penalties.(17) Encourage and promote industry-based mine rescue capabilities.(18) Provide training for department personnel and individuals who work in or who wish to work in the mining industry.(19) Administer, deposit and expend funds from the Mine Safety Fund.(20) Prepare and distribute to operators a mine operator's questionnaire form.(21) Perform any act not inconsistent with any provision of this act, which it may deem necessary or proper for the effective administration or enforcement of this act and the rules or regulations promulgated under this act.2008, July 7, P.L. 654, No. 55, §105, effective in 180 days [ 1/5/2009].