HARRY HUGHES, Governor                             1361

If the inspector determines that the law relating to
workmen's compensation insurance has not been complied with,
he shall notify immediately the Director of the Bureau, who
shall forward immediately this information to the chairman
of the Workmen's Compensation Commission, the Commissioner
of Labor and Industry, the Attorney General, and the State's.
attorney of the county in which the mine is located. A
report of the visits, summarized as to conditions found and
recommendations made, shall be made monthly to the Bureau by
each inspector.

(c) Annually on a date the Bureau prescribes, every
inspector shall report to the Bureau the data and
information it requires, including reports on each accident
during the year, with the name, special occupation, and
service in which engaged at the particular time, of any
person injured or killed, the mine, and the nature and cause
of the accident, together with his recommendation for
prevention of a similar accident.]

[(d)] (A) [Every inspector shall strictly enforce the
law and any rule and regulation relating to mining,
investigate and bring any violations thereof, to file
complaints and to make affidavits against any violator
before the proper court or tribunal, and enforce any penalty
prescribed for disobedience of the law or any rule and
regulation. Each inspector shall exercise discretion in his
enforcement activity. However, if, in his judgment,] IF any
matter, thing, or practice in, about, or connected with any
mine [is or] may become dangerous or defective and endangers
the bodily safety of any person, [he] THE BUREAU may give
written notice to the mine operator by way of a special
[safety] order[, a copy of which shall be sent to the
Director of the Bureau]. The [safety] order shall state in
detail the matter, thing, or practice which [is or] may
become dangerous or defective, and require its correction,
suggesting changes as conditions may require. [If the mine
operator contends that the matter, thing, or practice is not
dangerous, nor likely to become dangerous, the inspector
shall refer this matter to the Director of the Bureau for
his examination and determination.] If the matter, thing, or
practice involves the safety of a mine or a considerable
portion of a mine, and the mine operator after receipt of
this order neglects or refuses to take immediate steps to
remedy the matter, thing, or practice, [the inspector shall
notify the Director of the Bureau, who, with a district mine
inspector, immediately shall make a full investigation. If
they agree as to the danger and confirm the safety order, or
modify and confirm the order, the Director of] the Bureau
may institute proceedings before the circuit court for the
county in which the affected mine is located, to restrain
the operator from operating the mine until he complies with
the safety order. The court shall proceed immediately to
hear and determine fully the case, and may make any order
confirming, modifying, enforcing, or vacating the safety
order as is just and proper. The cost may be awarded as the
court directs.