§ 208.375. Smoking prohibition: surface work areas.

 (a)  The provisions of 30 CFR 77.1711 (relating to smoking prohibition) are incorporated by reference.

 (b)  An individual who violates the mandatory safety standards relating to smoking, including the use of electronic liquid-vaporizing devices or e-cigarettes, shall be subject to a civil penalty assessed by the Department, which penalty:

   (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 §  208.375 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § §  690-106 and 690-106.1); amended 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 690-106(a) and (f)(2)).

Source

   The provisions of this §  208.375 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139; amended September 9, 2022, effective September 10, 2022, 52 Pa.B. 5813. Immediately preceding text appears at serial pages (379706) to (379707).

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