39-4-101. Hoisting engineers. (1) It is unlawful for a person or persons, company, or corporation to operate or handle or to induce, persuade, or prevail upon any person or persons to operate or handle for more than 8 hours in 24 hours of each day any hoisting engine at or in any mine.

(2) This section applies only to plants that are in continuous operation or are operated 16 or more hours in 24 hours of each day or at or in any mine in which the hoisting engine develops 15 or more horsepower or at or in any mine in which 15 or more individuals are employed underground in 24 hours of each day. However, the provisions of this section do not apply to a person or persons operating any hoisting engine more than 8 hours in each 24 hours for the purpose of relieving another employee in case of sickness or other unforeseen cause or causes.

(3) A person or persons, company, or corporation that violates any of the provisions of this section shall upon conviction be punished by a fine of not less than $10 or more than $100. Each day that the person or persons, company, or corporation continues to violate any of the provisions of this section is considered a separate and distinct offense and is punishable as a separate and distinct offense.