40   Under-managers

(1)  The owner, the superintendent or the manager of an underground mine may appoint a person as an under-manager of the whole or of an underground part of the mine or appoint a number of persons as under-managers of the several underground parts of the mine.

(2)  A person may be appointed as an under-manager of the whole or of an underground part of an underground mine notwithstanding that no under-manager in charge of the whole or of the underground part of the mine has been appointed under section 39.

(3)  The owner, the superintendent or the manager of an underground mine shall not appoint a person as an under-manager of the whole or of an underground part of the mine unless the person is the holder of a certificate of competency to be an under-manager of a mine.

(4)  No person, other than an owner, a superintendent or a manager of an underground mine, shall appoint a person as an under-manager of the whole or of an underground part of an underground mine.

(5)  If an under-manager of an underground mine is present at the mine while the manager of the mine is absent and while there is no deputy manager, or under-manager in charge, of the mine present, an under-manager previously nominated by the manager:

(a)  has full charge and control of all persons employed at the mine and of all operations at the mine, and

(b)  must enforce the observance, by all persons employed at the mine, of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder, and

(c)  has such other functions as may be conferred or imposed by this Act on an under-manager of an underground mine.