§ 208.376. Smoking prohibition: underground areas.
(a) An individual may not smoke or use an open flame in any underground bituminous coal mine.
(b) An individual may not at any time enter a mine with or carry into the mine any smoking or smoker related articles, matches, pipes, cigars, cigarettes, electronic liquid-vaporizing devices, including e-cigarettes, or any device for making flames or fire not approved under section 350 of the act (52 P.S. § 690-350).
(c) In all mines the operator may search or cause to be searched any individual, including the individual’s clothing and material belongings, entering or about to enter the mine, or inside the mine, to prevent an individual from taking or carrying into the mine any of the articles prohibited by this section.
(d) An individual who violates the mandatory safety standards relating to smoking or the use or carrying of the items identified in subsection (b), shall be subject to a civil penalty assessed by the Department that:
(1) Shall be the maximum civil penalty provided under 30 CFR 100.5(d) (relating to determination of penalty amount; special assessment) adopted and incorporated by reference for each occurrence of this violation.
(2) May not preclude the Department from exercising any other remedy available to it.
Authority The provisions of this § 208.376 added under sections 105(16) and 106.1(a) and (f)(2) of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-105(16) and 106.1(a) and (f)(2)).
Source The provisions of this § 208.376 added September 9, 2022, effective September 10, 2022, 52 Pa.B. 5813.
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