39-4-104. Strip mining. (1) For the purpose of this section, "strip mining" means the removal of the overburden and coal or other materials from the ground and all of the operations pertaining to the removal, without the necessity of providing timbers for holding the ground in place.

(2) The period of employment may not exceed 8 hours a day for employees working in strip mining unless the employer and employee agree to a workday of more than 8 hours:

(a) through a collective bargaining agreement when a collective bargaining unit represents the employee; or

(b) by mutual agreement when a collective bargaining unit is not recognized.

(3) Any person, company, corporation, or lessee of a strip mine that violates the provisions of this section shall upon conviction be punished by a fine of not less than $50 or more than $600 or by imprisonment of not more than 6 months, or both. Each day that the person, company, corporation, or lessee continues to violate the provisions of this section must be considered a separate and distinct offense and be punished as such.