MINING REGULATIONS

KRS tit. XXVIII, ch. 352

in effect

KRS 352.010 Definitions for chapter

352.010. Definitions for chapter (1) As used in this chapter, unless the context requires otherwise: (a) "Abandoned workings" means excavations, either caved or sealed, that are deserted and in which further mining is not intended, or open workings which are ventilated and not inspected regularly; (b) "Active workings" means all places in a mine that are ventilated and inspected regularly; (c) "Approved" means that a device, apparatus, equipment, machinery, or practice employed in the mining of coal has been approved by the commissioner of the Department for Natural Resources; (d) "Assistant mine foreman" means a certified person designated to assist the mine foreman in the supervision of a portion or the whole of a mine or of the persons employed therein; (e) "Commercial mine" means any coal mine from which coal is mined for sale, commercial use, or exchange. This term shall in no instance be construed to include a mine where coal is produced for own use; (f) "Commissioner" means commissioner of the Department for Natural Resources; (g) "Department" means the Department for Natural Resources; (h) "Drift" means an opening through strata or coal seams with opening grades sufficient to permit coal to be hauled therefrom, or which is used for the purpose of ventilation, drainage, ingress, egress, and other purposes in connection with the mining of coal; (i) "Director" means the director of the Division of Mine Safety; (j) "Excavations and workings" means the excavated portions of a mine; (k) "Face equipment" means mobile or portable mining machinery having electric motors or accessory equipment normally installed or operated inby the last open crosscut in any entry or room; (l) "Fire boss" (often referred to as mine examiner) means a person certified as a mine foreman or assistant mine foreman who is designated by management to examine a mine or part of a mine for explosive gas or other dangers before a shift crew enters; (m) "Gassy mine." All underground mines shall be classified as gassy or gaseous; (n) "High voltage" means any voltage of one thousand (1,000) volts or more; (o) "Imminent danger" means the existence of any condition or practice which could reasonably be expected to cause death or serious physical injury before the condition or practice can be abated; (p) "Inactive workings" shall include all portions of a mine in which operations have been suspended for an indefinite period, but have not been abandoned; (q) "Intake air" means air that has not passed through the last working place of the split or by the unsealed entrances to abandoned workings and by analysis contains not less than nineteen and one-half percent (19.5%) of oxygen, no dangerous quantities of flammable gas, and no harmful amounts of poisonous gas or dust; (r) "Licensee" means any owner, operator, lessee, corporation, partnership, or other person who procures a license from the department to operate a coal mine; (s) "Low voltage" means up to and including six hundred sixty (660) volts; (t) "Medium voltage" means voltages greater than six hundred sixty (660) and up to nine hundred ninety-nine (999) volts; (u) "Mine" means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. Workings that are adjacent to each other and under the same management and which are administered as distinct units shall be considered separate mines; (v) "Mine foreman" means a certified person whom the licensee, mine manager, or superintendent places in charge of the workings of the mine and of persons employed therein; (w) "Mine manager" means a certified or noncertified person whom the licensee places in charge of a mine or mines and whose duties include but are not limited to operations at the mine or mines and supervision of personnel when qualified to do so; (x) "NAD 83" means the North American Datum, 1983 version, in feet units; (y) "Open-pit mine" shall include open excavations and open-cut workings including auger operations and highwall mining systems for the extraction of coal. However, excavation of refuse from a coarse coal refuse fill for reprocessing of the refuse, which is permitted and bonded under KRS Chapter 350 and is regulated by the Mine Safety and Health Administration, shall not be required to obtain a license under this chapter; (z) "Operator" means the licensee, owner, lessee, or other person who operates or controls a coal mine; (aa) "Permissible" means that any equipment, device, or explosive that has been approved by the United States Bureau of Mines, the Mining Enforcement and Safety Administration, or the Mine Safety and Health Administration meets all requirements, restrictions, exceptions, limitations, and conditions attached to the classification; (ab) "Preshift examination" refers to the examination of an underground mine or part of a mine where miners are scheduled to work or travel, and shall be conducted not more than three (3) hours before any oncoming shift; (ac) "Return air" means air that has passed through the last active working place on each split, or air that has passed through abandoned, inaccessible, or pillared workings; (ad) "Serious physical injury" means an injury which has a reasonable potential to cause death; (ae) "Shaft" means a vertical opening through the strata that is or may be used, in connection with the mining of coal, for the purpose of ventilation or drainage, or for hoisting men, coal, or materials; (af) "Single Zone Projection" means the Kentucky Single Zone State Plane Coordinate System of 1983, based on the Lambert Conformal Conical map projection with double standard parallels on the North American Datum, 1983 version, as established in 10 KAR 5:010; (ag) "Slope" means an inclined opening used for the same purpose as a shaft; (ah) "Superintendent" means the person who, on behalf of the licensee, has immediate supervision of one (1) or more mines; (ai) "Supervisory personnel" shall mean a person or persons certified under the provisions of KRS Chapter 351 to assist in the supervision of a portion or the whole of the mine or of the persons employed therein; (aj) "Tipple or dumping point" means the structure where coal is dumped or unloaded from the mine car into railroad cars, trucks, wagons, or other means of conveyance; (ak) "Working face" means any place in a coal mine at which the extraction of coal from its natural deposit in the earth is performed during the mining cycle; (al) "Working place" means the area of a coal mine inby the last open crosscut; (am) "Working section" means all areas of a coal mine from the loading point to and including the working faces; and (an) "Workmanlike manner" means consistent with established practices and methods utilized in the coal industry. (2) The definitions in KRS 351.010 apply also to this chapter, unless the context requires otherwise. (3) Except as the context otherwise requires, this chapter applies only to commercial mines as defined in KRS 351.010 and shall not apply to electrical facilities owned, operated, or otherwise controlled by a retail electric supplier or generation and transmission cooperative as defined in KRS 278.010 or organized under KRS Chapter 279 for the purpose of communication, metering, or for the generation, control, transformation, transmission, and distribution of electric energy located in buildings used exclusively by utilities for such purposes or located outdoors on property owned or leased by the utility or on public highways, streets, roads, or outdoors by established easement rights on private property and that are covered by the National Electric Safety Code (NESC) or other applicable safety codes, or other authorities having jurisdiction and shall not apply to installations under the exclusive control of utilities for the purpose of communication, metering, or for the generation, control, transformation, transmission, and distribution of electric energy located in buildings used exclusively by utilities for such purposes or located outdoors on property owned or leased by the utility or on public highways, streets, roads, or outdoors by established rights on private property. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 100, sec. 2, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 117, sec. 41, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 28, effective June 24, 2015. -- Amended 2009 Ky. Acts ch. 79, sec. 12, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 185, sec. 13, effective July 12, 2006; and ch. 241, sec. 19, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 123, sec. 62, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 37, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 355, sec. 8, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 480, sec. 5, effective July 15, 1998. 0.2...-- Amended 1996 Ky. Acts ch. 308, sec. 21, effective April 9, 1996. -- Amended 1978 Ky. Acts ch. 301, sec. 9, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 19. -- Amended 1976 Ky. Acts ch. 174, sec. 4. -- Amended 1974 Ky. Acts ch. 308, sec. 61. -- Amended 1972 Ky. Acts ch. 303, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 258. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-1. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.015 Repealed, 1996

352.015. Repealed, 1996 Catchline at repeal: Moratorium on regulations -- Exceptions. History: Repealed 1996 Ky. Acts ch. 308, sec. 50, effective April 9, 1996. -- Created 1986 Ky. Acts ch. 148, sec. 3, effective July 15, 1986. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.018 Required maps and plans -- Format

352.018. Required maps and plans -- Format All maps and plans required under this chapter shall be submitted by the coal operator providing coordinates in feet units using NAD 83, with Single Zone Projection, as those terms are defined in KRS 352.010. Effective: June 25, 2009 History: Created 2009 Ky. Acts ch. 79, sec. 1, effective June 25, 2009.

KRS 352.020 Mine ventilation plans -- Methods of ventilation -- Amount of air required -- Plan requirements

352.020. Mine ventilation plans -- Methods of ventilation -- Amount of air required -- Plan requirements (1) A mine ventilation plan and any revision of an existing mine ventilation plan shall be suitable to the ventilation conditions and mining system of each mine. The mine ventilation plan and any revisions to the mine ventilation plan approved by the United States Mine Safety and Health Administration shall be submitted to the director or his or her authorized representative and incorporated into the license. All mine ventilation plans shall be set forth in printed form. The mine ventilation plan shall require the air quality throughout the mine to contain at least nineteen and one- half percent (19.5%) oxygen and not more than one-half of one percent (0.5%) of carbon dioxide, and the volume and velocity of the air current shall be sufficient to dilute, render harmless, and carry away flammable, explosive, noxious, and harmful gases and dust, smoke, and fumes. A copy of the mine ventilation plan and any revisions to that plan shall be available to the miners and their representatives. (2) The ventilation of all underground coal mines shall be produced by means of mechanically operated fans located outside the mine in fireproof housing and offset at least fifteen (15) feet to one (1) side or above the opening, protected by explosion doors or weak walls and arranged so that ventilating current may be reversed if necessary. The fan shall be installed so as to prevent recirculation of mine air. The main fan shall be operated from a power circuit independent from the mine circuit. If inside auxiliary fans are required to ventilate working places the commissioner must first approve the installation. (3) The licensee, superintendent, or foreman of every coal mine worked by shaft, slope, or drift shall provide and maintain for every mine two (2) separate and distinct escapeways, one (1) of which is vented by the intake air. However, if a mine was originally licensed prior to January 1, 1990, the commissioner may approve an alternate ventilation plan. Each active working section shall be ventilated by a separate split of intake air. In all mines the quantity of air passing through the last open crosscut between the intake and return in any pair or sets of entries shall be not less than nine thousand (9,000) cubic feet of air per minute and as much more as is necessary to dilute and render harmless and carry away flammable and harmful gases. All working faces from which coal is being cut, mined, or loaded in a working section between the intake and return airway entries shall be ventilated with a minimum quantity of three thousand (3,000) cubic feet of air per minute and as much more as is necessary to dilute and render harmless and carry away flammable and harmful gases. The quantity of air reaching the last crosscut in pillar sections may be less than nine thousand (9,000) cubic feet of air per minute if at least nine thousand (9,000) cubic feet of air per minute is being delivered to the intake of the pillar line. The air current shall under any conditions have a sufficient volume and velocity to reduce and carry away smoke from blasting and any flammable or harmful gases. (4) All mines shall maintain at least nine thousand (9,000) cubic feet of air per minute at the points mentioned in subsection (3) of this section. The commissioner shall have the authority to require additional air in any mine when he deems it necessary for the safety of the employees. (5) When the air from a split has passed through and has ventilated all the working places in an air split of a mine it shall then be designated as return air. Return-air courses shall not be designated as primary escapeways. (6) As working places advance, breakthroughs for air shall be made not more than ninety (90) feet apart, except that where longwall or modern systems of mining are used the commissioner or his authorized representative may approve a greater distance between breakthroughs or the method of ventilating such longwall or modern systems of mining. If any breakthroughs between intake and return airways are not required for the passage of air or the travel of equipment, they shall be closed with stoppings. All permanent stoppings shall be substantially built with suitable incombustible or fire resistant material subject to the approval of the mine inspector so as to keep the working places well ventilated. All brattice cloth and ventilation tubing shall be flame resistant. Doors on the main haulways shall be avoided where practicable, and overcasts, built of concrete or other suitable material and of ample strength, shall be adopted. Where doors are used they shall be built in a substantial manner, and shall be hung so as to close automatically when unobstructed. (7) In a mine where methane can be found to an extent of one percent (1%) or more on the return of any one (1) split, the mine safety specialist, with the approval of the commissioner, may require the mine to be ventilated by the exhaust system, requiring the haulage roads and all feed wires to be located on the intake air and the electrical system to be so arranged that no wires carrying electrical current shall be on return air. A period of not more than ninety (90) days from date of notification shall be allowed to make the changes required. (8) The ventilation plan shall require all fans utilized in the ventilation plan to be in continuous operation unless the fan must be turned off for repairs or maintenance, during which time all persons must be withdrawn from the mine. After the mine fan is restarted following the completion of repairs or maintenance, it must be in operation for a sufficient period to ensure air quality and the equalization of the mine atmosphere. Within fifteen (15) minutes after a fan has been unintentionally stopped, all miners must begin withdrawing from the mine. If the fan is restarted before the miners reach the surface, the miners shall remain at the point of their retreat, and the area inby shall be preshifted prior to the miners returning to the section. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 29, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 94, sec. 12, effective June 26, 2007.. -- Amended 2006 Ky. Acts ch. 185, sec. 14, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 9, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 22, effective April 9, 1996. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 20. -- Amended 1976 Ky. Acts ch. 174, sec. 5. -- Amended 1972 Ky. Acts ch. 303, sec. 2. -- Amended 1952 Ky. Acts ch. 162, sec. 15, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739- 19. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.030 Number of persons permitted to work in same air current or split- ventilation -- Repair

352.030. Number of persons permitted to work in same air current or split- ventilation -- Repair (1) As many as sixty (60) persons may work in the same air current or split, and with the approval of the mine inspector and the commissioner, as many as eighty (80) persons may work in the same air current. Each active section in a mine shall be ventilated by a separate split of intake air. Every mine, and all portions thereof, shall be ventilated by one (1) or more currents of air, which shall contain not less than nineteen and one-half percent (19.5%) of oxygen, nor any dangerous quantities of flammable gas, nor any harmful amount of poisonous gases or dust, when the current of air enters into each split. The ventilation shall be sufficient to prevent methane accumulations, so far as practicable, and to keep the methane percentage in the return of any split to not more than two percent (2%). (2) The ventilating current shall be circulated through the haulageways, travelways, and airways to reach all portions of the mine, except sealed sections; and it shall be circulated through the entries and rooms around the ends of line brattice and along pillar lines. It shall be conducted to the last breakthrough, or to the working faces if required, by means of stoppings, check doors, curtains, and brattice that may be necessary or required, in order to dilute, render harmless, and carry away the noxious and dangerous gases, smoke, and dust liberated therein, and to supply a sufficient quantity of ventilation for all emergencies. The ventilating current in the area of a mine's belt entries shall be directed to an air return before the ventilating current reaches the face area, unless the department, under certain conditions issues a permit for belt air to be used at the coal face. The department shall render a final written decision within sixty (60) calendar days of receipt of the permit application. (3) When mine ventilation, formerly satisfactory and adequate, becomes deficient in quality or quantity, the department shall have authority to order improvement of the ventilation. (4) No licensee, superintendent, or mine foreman shall permit any person to work at a place where sufficient ventilation cannot be maintained, except persons employed to make the places of employment safe in compliance with the requirements of this chapter, and while repair work necessary to comply with the requirements is in progress no person shall be permitted to enter that part of the mine affected except those actually employed in doing the repair work. The repair work shall be done under the constant supervision of a certified official designated by the mine foreman. (5) Each licensee shall adopt a plan which shall provide that when any mine fan stops, immediate action shall be taken by the licensee or his agent: (a) To withdraw all persons from the working sections; (b) To cut off the power in the mine in a timely manner; (c) To provide for restoration of power and resumption of work if ventilation is restored within a reasonable period, of not more than fifteen (15) minutes, as set forth in the plan after the working places and other active workings where methane is likely to accumulate are reexamined by a certified person to determine if methane in amounts of one percent (1%) or more exists therein; and (d) To provide for withdrawal of all persons from the mine if ventilation cannot be restored within a reasonable time, of not more than fifteen (15) minutes. The plan and revisions thereof approved by the commissioner or his authorized representative shall be set out in printed form and a copy shall be furnished to the commissioner or his authorized representative. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 355, sec. 10, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 23, effective April 9, 1996. -- Amended 1990 Ky. Acts ch. 243, sec. 1, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 174, sec. 6. -- Amended 1972 Ky. Acts ch. 303, sec. 3. -- Amended 1952 Ky. Acts ch. 162, sec. 16, effective March 5, 1952. -- Amended 1946 Ky. Acts ch. 120, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739- 19. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.040 Working places not to be driven in advance of air current

352.040. Working places not to be driven in advance of air current If the mine inspector discovers any working place being driven in advance of the air current contrary to the requirements of this chapter he shall notify the mine foreman to cease work in the place at once and not resume such work until the law is complied with. History: Amended 1972 Ky. Acts ch. 303, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-19.

KRS 352.045 Cutting or welding inby last open break prohibited

352.045. Cutting or welding inby last open break prohibited There shall be no cutting or welding inby the last open break, except in case of emergency. Effective: July 15, 1982. History: Created 1982 Ky. Acts ch. 200, sec. 1, effective July 15, 1982.

KRS 352.050 Permissible rating for underground machinery -- Transportation of underground mining equipment

352.050. Permissible rating for underground machinery -- Transportation of underground mining equipment (1) After June 16, 1972, no machinery powered by an internal combustion engine shall be placed in use in underground workings unless the equipment is rated "permissible" as described in KRS 352.010 for underground use, and the use of the machinery is approved by the commissioner of the Department for Natural Resources. (2) Mining equipment being transported or trammed underground, where energized trolley wires or trolley feeder wires are present, other than ordinary sectional movements, shall be transported or trammed by qualified personnel under the supervision of a certified foreman. When the equipment is being transported or trammed, no person, except those persons directly engaged in moving the equipment, shall be permitted to be inby the equipment in the ventilating split that is passing over the equipment. To avoid accidental contact with power lines, face equipment shall be insulated and assemblies removed, if necessary, so as to provide clearance. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 24, effective April 9, 1996. -- Amended 1976 (1st. Extra. Sess.) Ky. Acts ch. 8, sec. 21. -- Amended 1976 Ky. Acts ch. 174, sec. 7. -- Amended 1972 Ky. Acts ch. 303, sec. 5, -- Amended 1952 Ky. Acts ch. 162, sec. 17, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-19, 2739-29, 2739-30. Legislative Research Commission Note (8/21/2008). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. One such correction that was overlooked during codification after the 2005 Regular Session of the General Assembly has been made in this section. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State. Legislative Research Commission Note (4/9/96). The use of KRS 352.010 in subsection (1) of this statute results from KRS 7.136(1)(h). Section 24 of 1996 Ky. Acts ch. 308 reads "Section 19 of this Act" here, but this internal reference was not adjusted to reflect the addition of two new sections to House Bill 605 prior to Section 19 in the Senate Committee Substitute adopted for this bill. This fact, taken together with the context of the citation, clearly indicates that Section 21 should have been substituted here so that KRS 352.010 is the appropriate statute to be cited.

KRS 352.060 Rock-dusting

352.060. Rock-dusting The following rules shall govern in the rock-dusting of mines: (1) All mines, or parts of mines, or sections thereof, shall be rock-dusted if conditions are found to be dusty or hazardous, after proper inspection. In the event such conditions are found to exist, then the commissioner or his authorized representative shall require the necessary rock-dusting to make the mine, part of the mine, or section safe. (2) In all mines, accumulations of excessive loose coal and fine dry coal dust shall be removed from the mine, and all operating sections kept thoroughly rock-dusted, and the dust on the mine floor allayed by methods approved by the commissioner, but in every mine, or in any part or section thereof, rock-dusting shall be applied to maintain at all times a minimum percentage of sixty-five percent (65%) of noncombustible matter to within forty (40) feet of the faces, including last open crosscuts, and under certain special conditions the department may require that places be rock-dusted to the faces, and that additional rock-dust be added. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 25, effective April 9, 1996. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 22. -- Amended 1976 Ky. Acts ch. 174, sec. 8. -- Amended 1972 Ky. Acts ch. 303, sec. 6. -- Amended 1952 Ky. Acts ch. 162, sec. 18, effective March 5, 1952. -- Amended 1946 Ky. Acts ch. 120, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-20. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.070 Checking employees in and out

352.070. Checking employees in and out The licensee or superintendent of every underground mine shall install a uniform system of checking the employees in and out of the mine. Each employee shall have a positive means of identification upon his person while inside the mine and a record shall be kept on the surface of all persons underground at all times. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 26, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-22. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.080 New or additional openings -- Map to be filed

352.080. New or additional openings -- Map to be filed (1) No new or additional openings to any underground mine shall be made without the approval of the commissioner. (2) Each operator or superintendent of an underground mine shall, before making any new or additional opening submit to the commissioner of the department, for his information and approval, a map or plan showing the proposed systems of mining the coal seam, the proposed system of ventilation and equipment of the openings, and their locations and relative positions to adjacent developments. History: Amended 1972 Ky. Acts ch. 303, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-19.

KRS 352.090 Abandoned parts of mine to be posted -- Sealing

352.090. Abandoned parts of mine to be posted -- Sealing (1) All unused workings and abandoned parts of mines shall be protected by safeguards that will prevent the accumulation or overflow of gas, and all avenues leading thereto shall be so arranged and conducted as to give warning to all persons of the danger of entering, and notice shall be posted warning all unauthorized persons not to enter these parts of the mine. If the area cannot be adequately ventilated, and examined, or evaluated it shall be sealed in a timely manner. (2) No person, except persons authorized to make examination thereof, shall enter any unused or abandoned part of a mine after the warning has been posted. (3) Where the practice is to seal abandoned workings, the sealing shall be done in accordance with a mine seal construction plan approved by MSHA and submitted to the Division of Mine Safety. Seal construction shall be done immediately in an effective manner with noncombustible material. In every sealed area, one (1) or more of the seals shall be fitted with a pipe and cap or valve to permit the gases behind the seals to be sampled and also to provide a means of determining any existing hydrostatic pressure. When required by the mine inspector and commissioner, drill holes shall be extended from the surface to the sealed area, or vent pipes shall be extended from the sealed area to a return air course. Sufficient ventilation shall be provided at each seal to prevent dangerous gases from accumulating. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 30, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 94, sec. 13, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 355, sec. 11, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 27, effective April 9, 1996. -- Amended 1976 Ky. Acts ch. 174, sec. 9. -- Amended 1972 Ky. Acts ch. 303, sec. 9. -- Amended 1952 Ky. Acts ch. 162, sec. 19, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-19. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.100 Abandoned mine not to be entered -- Exception

352.100. Abandoned mine not to be entered -- Exception No person shall attempt to enter, explore, or survey an abandoned mine or portion thereof without the approval of the mine inspector or the commissioner and unless he adheres to conditions prescribed by the commissioner. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 355, sec. 12, effective July 15, 2002. -- Amended 1972 Ky. Acts ch. 303, sec. 10. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-28.

KRS 352.110 Mines to have two openings -- Exception -- Condemnation of land for opening

352.110. Mines to have two openings -- Exception -- Condemnation of land for opening (1) No licensee, superintendent, mine manager, or mine foreman of any mine opened after June 16, 1972, shall permit persons to work therein unless there are to every seam of coal worked in the mine at least two (2) separate outlets, separated by natural strata of not less than one hundred fifty (150) feet in breadth if the mine is worked by shaft or slope, and separated by a pillar of natural strata of not less than two thousand (2,000) square feet if the mine is worked by drift, by which outlets distinct means of ingress and egress are readily available to persons employed in the mine, but it shall not be necessary for the two (2) outlets to belong to the same mine. This subsection does not apply to the openings of a new entry that is being worked for the purpose of making connection between the two (2) outlets so long as not more than twenty (20) persons are employed at one (1) time in making the connection or driving the second opening, or to any mine in which the second opening has been rendered unavailable by reason of final robbing or removal of pillars so long as not more than twenty (20) persons are employed therein at one (1) time, and the workings are no farther than five hundred (500) feet from the bottom of the shaft or slope or from the drift opening. (2) If any mine has but one (1) means of ingress or egress for persons employed therein, and the owner does not own suitable ground for another opening, the owner may select appropriate adjacent ground for that purpose and have it condemned pursuant to the Eminent Domain Act of Kentucky. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 15, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 308, sec. 28, effective April 9, 1996. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 279, effective January 2, 1978. -- Amended 1972 Ky. Acts ch. 303, sec. 11. -- Amended 1952 Ky. Acts ch. 162, sec. 20, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-21. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.120 Stairways or hoisting devices in shafts -- Passageways to be unobstructed -- Direction signs -- Height and width of escapeway outlets

352.120. Stairways or hoisting devices in shafts -- Passageways to be unobstructed -- Direction signs -- Height and width of escapeway outlets (1) In every shaft designated as an escape outlet there shall be provided a stairway or ladderway of suitable strength, design, and angle, with platforms or landings at each turn, the stairway or ladderway to be approved by the mine inspector, or in lieu thereof a properly equipped hoisting arrangement, consisting of facilities suitable for hoisting men, a wire hoisting rope of ample strength, and an adequate and safe hoisting engine and drum, which hoisting arrangement shall be ready for use at any time of emergency. (2) All shafts by which men enter or leave the mine and all passageways to escape outlets shall be carefully examined by the mine foreman, or by a person designated by him, at least once each week that the mine is operating, and the date and findings of the examination shall be entered in a book at the mine and for that purpose. (3) No debris, water, or other material that would obstruct the free passage of men shall be allowed to accumulate in the passageway to the escape outlet, and if any obstructions accumulate or exist they shall be promptly removed. (4) At points where the passageway to the escape outlet is intersected by roadways or entries calculated to produce doubt as to the proper direction to the outlet, conspicuous signboards shall be placed indicating the direction to escape outlets. (5) The height of the escapeway outlets shall be maintained to at least the height of the coal seam and at least six (6) feet in width, where practicable. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 29, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-21. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.130 Safety and hoisting devices in shafts -- Certified hoistman

352.130. Safety and hoisting devices in shafts -- Certified hoistman (1) At every mine operated by shaft, there shall be an approved safety catch, and on all cages used for lowering and hoisting persons there shall be a sufficient and substantial overhead cover. At the top of each shaft a safety gate shall be provided. An adequate brake, so adjusted that it may be operated by the engineer without leaving his post at the levers, shall be attached to every drum or equivalent machine used for lowering or raising persons at any shaft or slope, and in connection with the hoisting engine an efficient indicator or dial, which will show the engineer the positions of the cages in the shaft at any time, shall be used. An effective means of communication from the bottom of the shaft or slope to the hoisting engineer shall be provided. (2) Cages and incline cars on which men are transported shall be raised or lowered at a rate of speed consistent with the equipment and the physical conditions of the mine, subject to the approval of the mine inspector. (3) The hoisting rope, the safety catches, and the cage attachments shall be examined daily by the mine foreman, or by some competent person designated by him, and care shall be taken to keep them in good working condition at all times. (4) No person shall ride on any cage when coal, slate, or similar material is being raised. (5) No person shall enter a cage at the bottom to be raised to the top during the running hours of the mine, or when leaving work at the close of the day's run, without first being authorized by the bottom man or cager to do so, the bottom man or cager having first signaled to the engineer that men are to be raised. (6) At every underground landing where persons enter or leave the cage and where persons must pass from one side of the shaft to the other there shall be a passageway not less than three (3) feet wide and of suitable height, kept free from obstruction and as dry as possible, around the shaft; and all employees when passing from one side of the shaft to the other side shall use the passageway only. (7) Hoisting ropes on all cages or trips shall be adequate in size to handle the load and have a proper factor of safety. Ropes used to hoist or lower coal and other materials shall have a factor of safety of not less than five (5) to one (1); ropes used to hoist or lower men shall have a factor of safety of not less than ten (10) to one (1). Load tests shall be made at least once each month and a record kept. The rope shall be replaced as soon as there is evidence of possible failure. (8) Any rope attached to a cage, man-car, or trip used for hoisting or lowering men shall be provided with two (2) bridle chains or cables connected securely to the rope at least three (3) feet above the socket or thimble and to the crosspiece of the cage or to the man-car or trip. (9) A certified hoistman shall be on the mine site of a shaft or slope mine when persons are underground, including fire bosses and pumpers on idle shifts, except when automatic, self-service facilities with all safety devices are provided. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 30, effective April 9, 1996. -- Amended 1982 Ky. Acts ch. 201, sec. 1, effective July 15, 1982. -- Amended 1972 Ky. Acts ch. 303, sec. 13. -- Amended 1952 Ky. Acts ch. 162, sec. 21, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-21. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.133 Approved self-rescuer devices -- Caches of devices -- Locations -- Requirements -- Felony for removal

352.133. Approved self-rescuer devices -- Caches of devices -- Locations -- Requirements -- Felony for removal (1) All underground miners shall be provided with an approved self-contained self- rescuer device and shall have that device within twenty-five (25) feet of them at all times. The self-contained self-rescuer shall be provided to the miners by the licensee at no cost to the miners. (2) In addition to the requirements for self-contained self-rescuers set forth in this section, all licensed premises shall maintain caches of self-contained self-rescuer devices which shall be stored in locations readily accessible to the primary and secondary escapeways or provide proof of an order for self-contained self-rescuers through the submission of a valid purchase order that clearly names the vendor, contact information for the vendor, the number of devices purchased, and the date of the order, which shall not be later than thirty (30) days after July 12, 2006. In all cases, the self-contained self-rescuers shall be in place by July 1, 2007, or shall be extended by the commissioner upon substantiated proof of unavailability. (a) The caches shall be maintained in sufficient numbers and locations determined in accordance with the most recent rules, standards, and regulations issued by the United States Mine Safety and Health Administration and this section. (b) The caches shall be maintained in storage units capable of protecting the self- contained self-rescuers from water, dust, and any other condition which will cause deterioration of the self-contained self-rescuers. (c) The storage unit locations shall have reflective signs that read "SELF- RESCUERS" conspicuously posted as to be visible from the primary and secondary escapeways. (d) In addition to the requirements set forth in this section for self-contained self- rescuers, the mine operator shall provide for each person who is underground at least one (1) additional self-contained self-rescuer device which provides protection for a period of one (1) hour or longer, to cover all persons in the mine. (e) If a mantrip or mobile equipment is used to enter or exit the mine, additional self-contained self-rescuer devices, each of which provides protection for a period of one (1) hour or longer, shall be available for all persons who use the transportation from portal to portal. (3) It shall be a Class D felony for any person to remove a self-rescuer from the cache for purposes other than use during an emergency, or for repair, maintenance, or replacement or as authorized by the licensee. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 94, sec. 14, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 185, sec. 16, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 13, effective July 15, 2002. -- Created 1996 Ky. Acts ch. 308, sec. 46, effective April 9, 1996. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.135 Lifeline cords and directional devices

352.135. Lifeline cords and directional devices In all designated escapeways, each operator shall provide lifeline cords, with attached reflective material at not to exceed twenty-five (25) foot intervals and devices indicating the direction to the surface at not to exceed one hundred (100) foot intervals, from outby the loading point; provided, that in case of a shaft mine, such lifeline cords shall extend from outby to the loading point to the bottom of the designated escape shaft. Such lifeline cord shall be of flame-resistant material sufficient to allow miners to see and to use effectively to guide themselves out of the mine in the event of an emergency. All lifeline cords shall be made of flame resistant material within one hundred eighty (180) days of June 26, 2007. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 94, sec. 15, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 185, sec. 17, effective July 12, 2006. -- Created 1984 Ky. Acts ch. 147, sec. 1, effective July 13, 1984.

KRS 352.140 Operation of cages and cars

352.140. Operation of cages and cars (1) Only a certified hoistman shall be placed in charge of any mechanism used for lowering or hoisting any persons employed in the mine. Where automatic elevators are used and all safety devices are provided, the services of a hoistman are not required. A certified hoistman shall pass a test as to his knowledge of hoisting equipment and the precautions to be taken when raising or lowering men or materials. Certification of hoistmen shall be under such conditions and by tests prescribed by the commissioner. (2) No hoistman in charge of such machinery shall allow any person except such as may be designated for this purpose by the operator or superintendent to interfere with any part of the machinery. (3) In a mine worked by shaft, slope, or incline, no more than twenty (20) persons shall ride in any cage or car at one (1) time, without the approval of the mine inspector and the commissioner of the department, and no person shall ride on a loaded cage or car, except that where special man-cars or cages are employed to haul workmen on inclines the commissioner may regulate the method and procedure of handling of man-cars, cages, and workmen. Each cage or elevator installed after June 16, 1972, which is used for lowering and raising men shall have at least two and one-half (2- 1/2) square feet of floor space for each person. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 355, sec. 14, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 104, sec. 16, effective July 14, 2000. -- Amended 1972 Ky. Acts ch. 303, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-23.

KRS 352.145 Restrictions on work where hazardous conditions exist -- Requirement of visible warning devices and enclosed operator's cabs at stockpiles with underground feeders or draw-off tunnels -- Barrier requirements for haulage roadways -- Examinations and equipment checks

352.145. Restrictions on work where hazardous conditions exist -- Requirement of visible warning devices and enclosed operator's cabs at stockpiles with underground feeders or draw-off tunnels -- Barrier requirements for haulage roadways -- Examinations and equipment checks (1) No employee of a surface coal mining operation shall be assigned, allowed, or required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen. (2) At stockpiles with underground feeders or draw-off tunnels, the licensee shall install and maintain a visible warning device that shall be activated when the feeders are in operation. (3) The operator's cab of all equipment being operated on or in the immediate area of a stockpile with underground feeders or draw-off tunnels shall be enclosed by a compartment and shall be furnished with a self-contained self-rescuer that is capable of providing oxygen for a period of not less than one (1) hour. (4) On all haulage roadways, berms, guardrails, concrete barriers, or other suitable devices shall be installed in such a manner that they extend to at least the mid-wheel height of the highest vehicle or equipment that regularly travels that type of roadway. (5) A surface preshift examination shall be conducted within three (3) hours prior to men working. A certified foreman shall check the areas where men are required to work or travel during the shift. Roadways, pit areas, highwalls, and dumping points shall be checked. If any hazardous conditions are found, they shall be corrected prior to men working in the area. A suitable record book shall be kept in the control of the mine foreman. Immediately after the examination of the mine or portion thereof, the mine foreman shall enter and sign a record of the examination in the book with ink. The record shall clearly show any danger discovered at the mine, and the action taken to correct the dangerous conditions. The record book shall, at all times during the working hours, be accessible to the mine inspector or analyst and the miner or his representative. (6) All equipment operators shall conduct a preoperational check of their equipment. All preoperational checks shall be recorded by the equipment operator and kept with the equipment and, if a hazard is found to exist on any piece of equipment that would render it unsafe to operate, the hazardous condition shall be reported to the mine foreman or mine superintendent. All appropriate repairs shall be made before the equipment is put back into operation, except for moving the equipment to a safe place for repairs. The record book of all hazardous conditions and repairs made shall be kept in the control of the mine foreman or mine superintendent at all times. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 94, sec. 16, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 478, sec. 1, effective July 15, 1998. -- Created 1988 Ky. Acts ch. 410, sec. 1, effective July 15, 1988.

KRS 352.150 Provisions concerning haulage roads, transportation of men, and first-aid equipment

352.150. Provisions concerning haulage roads, transportation of men, and first-aid equipment (1) After June 16, 1972, on single-track haulage roads in mines, which the persons employed in the mine must use while performing their work or while traveling on foot to and from their work, there shall be places of refuge on one (1) side not less than five (5) feet in depth from the side of the mine car, and five (5) feet wide, and not more than ninety (90) feet apart. Refuge holes of the same dimensions shall also be provided at switch throws. (2) Special places of refuge are not required on haulage roads on which room necks or breakthroughs occur at regular intervals not exceeding ninety (90) feet, and thus furnish places of refuge, or on haulage roads in which the track is so laid as to give a minimum clearance on one (1) side of not less than thirty (30) inches from the side of any haulage engine or any mine car, the clearance to be on the side of the road opposite that upon which electric wires are strung, if electric wires are strung in the road. (3) No unauthorized person shall travel on foot to or from work upon any haulage road or slope where transportation is by track, when other roads in proper condition for travel are available. (4) On all main haulage roads where hauling is done by machinery the mine foreman shall provide a proper system of signals, and a conspicuous light or marker approved by the commissioner on the front and rear of every trip or train of cars when in motion in the mine. (5) Mantrips shall be operated at safe speeds consistent with the condition of roads and type of equipment used and shall be so controlled that they can be stopped within the limits of visibility, in no event at a speed in excess of twelve (12) miles per hour. (6) Each mantrip consisting of more than one (1) mine car of men shall be under the charge of a certified official, and it shall be operated independently of any loaded trip of coal or other material. (7) Cars on the mantrip shall not be overloaded, and sufficient cars in good mechanical condition shall be provided. (8) No material or tools except small hand tools shall be transported in the same car with men on any mantrip unless in a separate, enclosed compartment of the car, and all persons shall ride inside of mantrip cars, except the motorman and brakeman or trip rider. (9) Men shall not load or unload before the cars in which they are to ride or are riding come to a full stop, and men shall proceed in an orderly manner to and from mantrips. (10) A waiting station shall be provided where men are required to wait for mantrips or man-cages. It shall have sufficient room, ample clearance from moving equipment, and adequate seating facilities. (11) Power wires shall be guarded effectively at mantrip stations where there is a possibility of any person coming in contact with energized electric wiring while loading or unloading from the mantrip. (12) Cars used for transporting men on slopes shall be equipped with a safety device capable of stopping the trip in event of failure of the rope or couplings. The device shall be approved by the commissioner. (13) Where belts are used for transporting men, unless the commissioner finds that a safety hazard exists which cannot be corrected, the belt transport will be allowed, and a minimum clearance of eighteen (18) inches shall be maintained between the belt and the roof or cross bars, projecting equipment, cap pieces, overhead cables, wiring, and other objects; but where the height of the coal bed permits, the clearance shall not be less than twenty-four (24) inches. (14) Unless a greater speed is allowed by special permission from the commissioner, in which event the conditions, limitations, and rules imposed in connection with the grant of permission shall be observed, the belt speed shall not exceed two hundred fifty (250) feet per minute where the minimum overhead clearance is eighteen (18) inches, or three hundred (300) feet per minute when the minimum overhead clearance is twenty-four (24) inches, while men are loading, unloading, or being transported. (15) The space between men riding on a belt line shall not be less than six (6) feet. (16) Loading and unloading stations shall be illuminated properly. (17) A certified official or some other supervisory personnel appointed by the mine foreman shall supervise all mantrips. (18) At all mines utilizing track haulage or transportation, there shall be developed a safe and uniform system of traveling through all switch points to prevent collisions. This system shall be designed in a manner which ensures that all persons can determine who has the right of way in all circumstances. Information concerning this system shall be included in annual retraining. (19) Efficient equipment, either mobile or self-propelled, equipped with sufficient first- aid equipment and supplies, shall be available on all underground sections where men are present to transport all injured workers to the surface. (20) At those mines that do not have a contract or other arrangement for providing ambulance service, a 4-wheel-drive vehicle or other vehicle suitable to the terrain equipped with sufficient first-aid equipment and supplies shall be available to the mines or preparation facilities for the transportation of injured workers. At those mines that have a contract or other arrangement for providing ambulance service, the access road to the mine or preparation facility shall be kept in a condition which is passable by the ambulance vehicle or other emergency rescue equipment. (21) The commissioner shall be empowered to draft additional administrative regulations providing for transportation of men when necessary. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 94, sec. 17, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 185, sec. 18, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 15, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 31, effective April 9, 1996. -- Amended 1982 Ky. Acts ch. 202, sec. 1, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 174, sec. 10. -- Amended 1972 Ky. Acts ch. 303, sec. 15. -- Amended 1952 Ky. Acts ch. 162, sec. 22, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-42. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.160 Repealed, 1972

352.160. Repealed, 1972 Catchline at repeal: First-class personnel to be employed in nongaseous mine having explosive gas or history of gas ignition. History: Repealed 1972 Ky. Acts ch. 303, sec. 53. -- Amended 1952 Ky. Acts ch. 162, sec. 23, effective March 25, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2727-7.

KRS 352.161 Examination of conveyor belts

352.161. Examination of conveyor belts All mines utilizing conveyor belts shall have one (1) or more persons to examine the conveyor belts while in operation in the mine to determine that no coal or mine refuse is being transported on the conveyor belt in a manner which would pose a threat to the health and safety of the employees or to the safety of the mine. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 258, sec. 1, effective July 13, 1990.

KRS 352.170 Approved electric lamps and multigas detectors required -- Unauthorized devices for making lights and fires forbidden

352.170. Approved electric lamps and multigas detectors required -- Unauthorized devices for making lights and fires forbidden (1) All underground mines shall be worked exclusively by the use of approved electric lamps for personal lighting. (2) A mine operator shall provide an MSHA-approved, handheld, multigas detector that can measure methane, oxygen, and carbon monoxide to each group of two (2) or more miners working in close proximity of each other underground, the foreman, fireboss, and to each person who works alone, such as pumpers, examiners, and outby miners. The mine operator shall make available one (1) multigas detector at the working face for use by any miner working on the section. Miners shall be trained in the proper use and calibration of the multigas detectors and shall document that the training has been provided. Signs shall be prominently posted at places miners gather with instructions on the proper use of multi-gas detectors. (3) No person shall at any time carry into any mine any intoxicants. No person shall at any time enter any underground mine with matches, lighters, pipes, cigars, cigarettes, or any device for making lights or fire not authorized or approved, including but not limited to electronic cigarettes, cigars, or any component that heats liquids or other material to produce vapor. The licensee shall at frequent intervals search, or cause to be searched, any person entering or about to enter the mine or inside the mine, to prevent the person from taking, carrying, or using the articles therein. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 14, effective July 14, 2018. -- Amended 2007 Ky. Acts ch. 94, sec. 18, effective January 1, 2008. -- Amended 2002 Ky. Acts ch. 355, sec. 16, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 32, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 16. -- Amended 1952 Ky. Acts ch. 162, sec. 24, effective March 25, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-26. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.175 Miners required to wear safety glasses

352.175. Miners required to wear safety glasses All miners shall wear safety glasses as needed. The safety glasses shall be supplied to the miners by the coal operator at no cost to the miner. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 246, sec. 2, effective July 13, 1990.

KRS 352.180 Notice of accident -- Altering accident scene -- Report of occupational injury -- Investigation, assistance, and records -- Failure to comply -- Testing post-accident -- Investigative powers of commissioner

352.180. Notice of accident -- Altering accident scene -- Report of occupational injury -- Investigation, assistance, and records -- Failure to comply -- Testing post-accident -- Investigative powers of commissioner (1) (a) The superintendent of a mine or, if he or she is absent, the mine manager, or, if he or she is absent, the mine foreman in charge of the mine or his or her designee, shall, within fifteen (15) minutes of having actual knowledge of the occurrence of an accident as defined in 30 C.F.R. sec. 50.2(h)(1) to (9), and having access to the communication system as required under KRS 352.630(3), give notice to the department and to the representative of the miner, stating the particulars of the accident. (b) No person shall alter the scene of a mining accident in a manner that will interfere with the department's investigation of the accident, except to the extent necessary to rescue an individual or to eliminate an imminent danger. (2) An occupational injury, as defined in 30 C.F.R. sec. 50.2(e), shall be reported in writing to the department within ten (10) business days on the cabinet-approved occupational injury form. (3) Upon receipt of notification of an occurrence set forth in subsection (1) of this section, the mine safety specialist shall immediately go to the scene of the accident and make an investigation and suggestions and render the assistance as he deems necessary for the future safety of the employees, investigate the cause of the fire, explosion, or accident, make a record thereof, and forward it to the commissioner. (4) The record of the investigations shall be preserved with the other records of the commissioner's office. To aid in making the investigations, the commissioner or the mine safety specialist may compel the attendance of witnesses and administer oaths. (5) Failure to comply with the reporting requirements set forth in subsection (1) of this section shall create a rebuttable presumption of an intentional order to violate mine safety laws that places miners in imminent danger of serious physical injury or death and shall be subject to revocation, suspension, or probation of the mine license and a civil monetary penalty of not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). (6) The Division of Mine Safety may require testing of certified persons to determine whether the presence of intoxicants or controlled or illicit substances are a contributing factor in any mine accident in which serious physical injury or loss of life occurs or which was reported under this section. The director or his or her designee may order the testing of certified persons who: (a) Were working in the immediate area of the accident; or (b) In the judgment of the director or his designee, may reasonably have contributed to or witnessed the accident or fatality. (7) The post-accident testing permitted by subsection (6) of this section shall: (a) Meet all guidelines set forth in KRS 351.182, 351.183, 351.184, and 351.185; (b) Be paid for by the Division of Mine Safety; and (c) Be performed on samples obtained within eight (8) hours of the accident. (8) Toxicology screens and eleven-panel drug testing shall be performed on victims when death occurs on mine property. The testing pursuant to this subsection may be performed on specimens of either blood, saliva, or other appropriate bodily fluids. (9) The commissioner or his or her authorized representative may compel the attendance of witnesses and administer oaths to investigate allegations of unsafe mining conditions or violations of mining laws even if no accident or injury has occurred. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 15, effective July 14, 2018. -- Amended 2015 Ky. Acts ch. 87, sec. 31, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 94, secs. 19 and 20, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 185, sec. 19, effective July 12, 2006; and ch. 241, sec. 20, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 308, sec. 33, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 17. -- Amended 1952 Ky. Acts ch. 162, sec. 25, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-27. Legislative Research Commission Note (7/12/2006). This section was amended by 2006 Ky. Acts chs. 185 and 241. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 185, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.190 First-aid equipment

352.190. First-aid equipment For every fifty (50) men and fraction thereof employed underground, the operator of each mine shall keep on hand at the mine one (1) properly constructed stretcher, one (1) waterproof and one (1) woolen blanket, and all other necessary equipment required by the department. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 17, effective July 14, 2000. -- Amended 1980 Ky. Acts ch. 198, sec. 1, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 174, sec. 11. -- Amended 1972 Ky. Acts ch. 303, sec. 18. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-24, 2739- 32.

KRS 352.200 Repealed, 1972

352.200. Repealed, 1972 Catchline at repeal: Miner to keep working place safe -- Exception. History: Repealed 1972 Ky. Acts ch. 303, sec. 53. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-36.

KRS 352.201 Roof control plan -- Retreat mining or pillaring operations

352.201. Roof control plan -- Retreat mining or pillaring operations (1) The roof and ribs of all active underground roadways, travelways, and working places shall be supported or otherwise controlled adequately to protect persons from falls of the roof or ribs. A roof control plan and revision thereof suitable to the roof conditions and mining system of each mine and approved by the commissioner or his authorized representative shall be adopted and set out in printed form within six (6) months after June 16, 1972, and shall be kept on file in the regional office of the region where the mine is located. The plan shall show the type of support and spacing approved by the commissioner. No person shall proceed beyond the last permanent support unless adequate temporary support is provided. A copy of the plan shall be furnished the commissioner or his authorized representative and shall be available to the miners and their representatives. (2) The method of mining followed in any mine shall not expose the miner to unusual dangers from roof falls caused by excessive widths of rooms and entries or faulty pillar recovery methods. (3) The licensee, in accordance with the approved plan, shall provide at or near each working face and at other locations in the mine as the commissioner or his authorized representative may prescribe an ample supply of suitable materials of proper size with which to secure the roof of all working places in a safe manner. Safety posts, jacks, or other approved devices shall be used to protect the workmen when roof material is being taken down, crossbars are being installed, roof bolt holes are being drilled, roof bolts are being installed, and in other circumstances that may be appropriate. Loose roof and overhanging or loose faces and ribs shall be taken down or supported. Except in the case of recovery work, supports knocked out shall be replaced promptly. (4) Roof bolt recovery for reuse shall not be permitted. (5) Where workmen are exposed to danger from falls of roof, face, and ribs they shall examine and test the roof, face, and ribs before any other work is performed or machinery is started, and as frequently thereafter as may be necessary to insure safety. When dangerous conditions are found, they shall be corrected immediately. (6) Within forty-eight (48) hours before the commencement of any retreat mining or pillaring operations, the mine operator shall notify the Division of Mine Safety of its intention of beginning or resuming retreat mining or pillaring. The Division of Mine Safety shall document such notification in writing. Upon notification within the forty-eight (48) hour period from a mine operator, and, before retreat mining or pillaring operations can begin, the Division of Mine Safety shall ensure that every person who will be participating in the retreat mining operations is trained in the operator's pillar removal plan. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 32, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 94, sec. 21, effective June 26, 2007. -- Amended 1996 Ky. Acts ch. 308, sec. 34, effective April 9, 1996. -- Amended 1976 Ky. Acts ch. 174, sec. 12. -- Created 1972 Ky. Acts ch. 303, sec. 19. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.210 Conduct in mine -- Intoxication, alcoholic beverage or controlled substance prohibited -- Notification to director of violations of substance- or alcohol- abuse policies

352.210. Conduct in mine -- Intoxication, alcoholic beverage or controlled substance prohibited -- Notification to director of violations of substance- or alcohol- abuse policies (1) No person shall knowingly injure any shaft, lamp, instrument, air course, or brattice; obstruct or throw open airways; disturb any part of the machinery or appliances; open a door used for directing ventilation without closing it afterwards; enter any part of a mine against caution; disobey any order given in carrying out any of the provisions of KRS Chapter 351 or 352; or do any act endangering the life or health of any person employed in the mine or endangering the security of the mine. (2) No person shall enter or be on any licensed facility while intoxicated or under the influence of alcohol or a controlled substance or be in possession of any alcoholic beverage or controlled substance at any licensed facility; provided, however, this shall not apply to private vehicles driven to and from the mine. (3) The licensee shall notify the director, by the close of the next business day, of any certified persons who have been discharged for violation of the company's substance-abuse or alcohol-abuse policies or who tested positive and failed to complete an employee assistance program. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 33, effective June 24, 2015. -- Amended 2006 Ky. Acts ch. 241, sec. 21, effective July 12, 2006. -- Amended 1976 (1st Extra Sess.) Ky. Acts ch. 8, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-37.

KRS 352.220 Electricity in mines and surface installations

352.220. Electricity in mines and surface installations For purposes of this section, "approved" means that a device, apparatus, equipment, machinery, or practice employed in the mining of coal has been approved by the commissioner of the Department for Natural Resources or accepted by a nationally or federally recognized testing laboratory or the Department of Labor Mine Safety and Health Administration; "suitable" means a design, material, or installation that meets the requirements of its intended use or that is accepted by a nationally or federally recognized testing laboratory or the Department of Labor Mine Safety and Health Administration. (1) The following shall apply to underground installations: (a) Nonconductive or insulated materials shall be used when trailing cables or high voltage feeder cables are suspended; (b) Suitable circuit-interrupting devices shall be provided for all power circuits and equipment at the mine; (c) All power wires and cables shall be properly insulated and protected by proper installation or guarding; (d) Ground wires for circuits shall have a total cross-sectional area of not less than one-half (1/2) the power conductor; (e) Extra length or long trailing cables shall be spread out in long open loops or in a figure-eight configuration on a clean, well rock-dusted floor where the cable can be protected against mechanical injury, but cables suspended in long open loops shall be acceptable; (f) One (1) temporary splice may be made in any trailing cable. No temporary splice shall be made in a trailing cable within twenty-five (25) feet of the machine except cable reel equipment. Splices in trailing cables shall be made in a workmanlike manner and shall be mechanically strong and well insulated. Splices made in cables shall provide continuity of all components; (g) Three-phase alternating-current circuits used underground shall contain either a direct or derived neutral which shall be grounded through a suitable resistor at the power center, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for the frames of all the electrical equipment supplied power from that circuit; (h) The frames of hand-held electrically driven tools shall be properly grounded or double-insulated by design. The frames of all pumps shall be properly grounded. Hand-held tools and all pumps shall be properly protected by suitable fuses, circuit breakers, or other no less effective devices to provide the minimum overload and shortcircuit protection required by the department; (i) All underground high-voltage transmission cables shall be installed only in regularly inspected air courses and haulageways, and shall be covered, buried, or placed so as to afford protection against damage, guarded where men regularly work under or pass under them unless they are six and one-half (6- 1/2) feet or more above the floor or rail, securely anchored, properly insulated, and guarded at ends, and covered, insulated, or placed to prevent contact with other circuits. Underground high-voltage cables used in resistance grounded systems shall be equipped with metallic shields around each power conductor, with one (1) or more ground conductors having a total cross-sectional area of not less than one-half (1/2) the power conductor, and with an insulated internal conductor not smaller than No. 10 (AWG) or an insulated external conductor not smaller than No. 8 (AWG) for the ground continuity check circuit. All cables shall be suitable for the current and voltage and shall be properly maintained; (j) Power circuits shall have suitable disconnecting devices and short-circuit protective devices at or near the supply end of the circuit. Suitable disconnecting devices shall be provided at the beginning of all branch circuits; (k) Underground transformer stations, battery charging stations, substations, rectifiers, and water pumps shall be housed in noncombustible structures or areas or be equipped with a suitable fire-suppression system. 1. When a noncombustible structure or area is used, these installations shall be: a. Ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate working places; or b. Ventilated with intake air that is monitored for carbon monoxide or smoke by an atmospheric monitoring system (AMS) installed and operated in a suitable manner. Monitoring of intake air ventilating battery charging stations shall be done with sensors not affected by hydrogen; or c. Ventilated with intake air and equipped with sensors to monitor for heat, carbon monoxide, or smoke. 2. The sensors used for monitoring shall de-energize power to the installation, activate a visual and audible alarm located outside of and on the intake side of the enclosure, and activate doors that will automatically close when any of the following occurs: a. The temperature in noncombustible structure reaches one hundred sixty-five (165) degrees Fahrenheit; b. The carbon monoxide concentration reaches ten (10) parts per million above the ambient level for the area; or c. The optical density of smoke reaches 0.022 per meter. 3. At least every thirty (30) days, sensors installed to monitor for carbon monoxide shall be calibrated with a known concentration of carbon monoxide and air sufficient to activate the closing door, or each smoke sensor shall be tested to determine that it functions correctly. 4. When a fire suppression system is used, the installation shall be: a. Ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate working places; or b. Ventilated with intake air that is monitored for carbon monoxide or smoke by an atmospheric monitoring system installed and operated in a suitable manner. 5. All monitoring systems used to monitor intake air ventilating battery charging stations under subparagraphs 1. and 4. of this paragraph shall be done with sensors not affected by hydrogen. 6. This paragraph shall not apply to: a. Rectifiers and power centers with transformers that either are dry- type or contain nonflammable liquid, if they are located at or near the section and are moved as the working section advances or retreats; b. Submersible pumps; c. Permissible pumps, and associated permissible switchgear; d. Pumps located on or near the section that are moved as the working section advances or retreats; or e. Small portable pumps. Underground stations containing transformers or circuit breakers filled with flammable oil shall be provided with door sills or their equivalent, which will confine the oil if leakage or rupture occurs, and shall be of fireproof construction. Underground transformers purchased after June 16, 1972, shall be air cooled or cooled with nonflammable liquid or inert gas. Portable power centers, portable transformers, and distribution centers which are essentially fireproof are not required to be placed on separate splits of air but shall be stationed in well ventilated places outby the last open crosscuts; (l) Electrically powered locomotives shall be provided with suitable electrical protective devices; (m) Suitable firefighting equipment shall be located at strategic points along the belt conveyor, and proper fire extinguishers shall be provided at the transfer points. The commissioner may prescribe any other safety measures for the prevention and combating of mine fires as they pertain to conveyor belts. Only approved flame resistant belting shall be taken into and used inside any mine, and all underground belt conveyors shall be provided with slippage and sequence switches and with start and stop controls at intervals not to exceed one thousand (1,000) feet. The controls shall be properly installed and positioned so as to be readily accessible; (n) Communication wires and cables shall be adequately insulated and protected by proper installation or guarding; (o) Telephone wires shall be provided with lightening arresters where the wires enter the mine and at the buildings on the surface; (p) Insulating mats shall be placed in front of disconnecting devices and all electrical installations where required; (q) Ground wires in trailing cables shall be tested weekly for open circuit and high resistance; (r) Power circuits in tipples, buildings, cleaning plants, etc., and all underground electrical circuits shall be deenergized when not in use over a long period; (s) All underground power circuits and electrical equipment shall be de-energized before work is done on the circuits and equipment except when necessary for troubleshooting or testing. When electrical work or major mechanical work is performed, a suitable disconnect providing visible evidence that the power is disconnected shall be locked open and a tag shall be posted by the individuals performing the work. Locks and tags shall be removed only by the persons who installed them, or if those persons are unavailable, by a person authorized by the operator. Repairs or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustment; (t) Where electric circuits cross over or pass under belt conveyors the wiring shall be suitably protected; and (u) Switch boxes, contactors, controllers, and all other similar devices shall be kept free of significant accumulations of combustible dust. (2) The following shall apply to trolley wires and trolley feeder wires: (a) On all haulage roads, landings, and partings where persons are required to regularly work or pass under bare power wires placed less than six and one- half (6-1/2) feet above the top of the rail, suitable protection shall be provided. This protection shall consist of channeling the roof, placing boards along the wires and extending below them, or the use of some other approved device that affords protection; (b) All machine feed conductors shall be placed on suitable insulators which shall be so placed as to prevent the conductors coming in contact with combustible or conductive materials; (c) When the machine or feed wires are carried in the same entry as the trolley wire, they shall be placed on the same side as the trolley wire, between the trolley wire and rib, and shall be protected from contact therewith. Positive feed wires crossing places where persons are required to travel shall be safely guarded or protected against persons coming in contact therewith, as required by paragraph (a) of this subsection; (d) All trolley and positive feed wires shall be placed on opposite sides of track from refuge holes or necks of rooms when so ordered by the department, but wires, when protected as required by paragraph (a) of this subsection, may be placed across the necks of rooms. Switches or circuit breakers shall be provided to control the current at the mine and all important sections in the mine; (e) Where track is used for the return circuit, at least one (1) side shall be bonded to the full length of the trolley wire installation. Cross-bonds shall be installed not to exceed two hundred (200) foot intervals along the track; and (f) All mine locomotives shall be fused or otherwise protected at the switch or at the nip. (3) The following shall apply to surface installations: (a) High-voltage lines shall be at least twenty (20) feet above the ground where there is a possibility of contact by traffic passing underneath; (b) Electrical circuits, wires, and cables shall be supported on insulators except when cables, which are of a design that can be safely used without insulators, are used; (c) Lightning arresters shall be installed on all ungrounded, exposed power conductors and telephone wires entering a mine, regardless of voltage. Overload protection and disconnect switches of suitable sizes and ratings approved by the department shall also be provided, except that they shall not be required of telephone wires; (d) Every metallic building in which electricity is used or connected with any circuit shall be effectively grounded; (e) All transformer tanks shall be effectively grounded; (f) Switch boxes, contactors, controllers, and all other similar devices shall be kept free of significant accumulations of combustible dust that create a fire hazard; (g) Surface transformer stations shall be housed or fenced in when lower than fifteen (15) feet above the earth, and the fences shall be a minimum of six (6) feet in height; and (h) All surface power circuits and electrical equipment shall be de-energized before work is done on the circuits and equipment except when necessary for troubleshooting or testing. When electrical work or major mechanical work is performed, a suitable disconnect providing visible evidence that the power is disconnected shall be locked open and a tag shall be posted by the individuals performing the work. Locks and tags shall be removed only by persons who installed them or, if those persons are unavailable, by a person authorized by the operator. Repairs or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments. When disconnects for stationary low and medium voltage equipment that do not provide visual evidence that the power is disconnected are used, an adequately rated voltage detector shall be used to test each phase conductor or circuit part to verify they are de-energized before any work is performed. When practical, confirmation that the voltage detector is operating satisfactorily shall be made before each test. (4) (a) Notwithstanding any provisions of subsection (1), (2), or (3) of this section, the department may authorize the construction, maintenance, operation, or conducting of any activity regulated by this section, to be constructed, maintained, operated, or conducted in a different manner than specified in any provision of subsection (1), (2), or (3) of this section, when scientific or engineering information is made available to the department substantially indicating that the different manner would afford equal or greater protection and safety than the manner required in subsection (1), (2), or (3) of this section; and (b) The department may prescribe administrative regulations with respect to the aboveground or underground installations in connection with any mine operation when information is made available indicating that regulation is reasonably necessary to prevent injury to, or loss of, life and property. (5) All electrical work shall be performed by a certified electrician, or an electrical trainee under the direct supervision of a certified electrician, at all underground mines and surface mines operating draglines or highwall miners. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 26, sec. 1, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 94, sec. 22, effective June 26, 2007. -- Amended 2004 Ky. Acts ch. 37, sec. 2, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 104, sec. 18, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 35, effective April 9, 1996. -- Amended 1994 Ky. Acts ch. 156, sec. 2, effective July 15, 1994. -- Amended 1976 Ky. Acts ch. 174, sec. 13. -- Amended 1972 Ky. Acts ch. 303, sec. 20. -- Amended 1954 Ky. Acts ch. 227, sec. 1, effective June 17, 1954. -- Amended 1952 Ky. Acts ch. 162, sec. 26. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-33. Legislative Research Commission Note (8/21/2008). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. One such correction that was overlooked during codification after the 2005 Regular Session of the General Assembly has been made in this section. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.230 Use of electrical equipment

352.230. Use of electrical equipment For purposes of this section: "approved" means that a device, apparatus, equipment, machinery, or practice employed in the mining of coal has been approved by the commissioner of the Department for Natural Resources or accepted by a nationally or federally recognized testing laboratory or the Department of Labor Mine Safety and Health Administration; "suitable" means a design, material, or installation that meets the requirements of its intended use or that is accepted by a nationally or federally recognized testing laboratory or the Department of Labor Mine Safety and Health Administration. (1) All electrical equipment and all other electric-driven equipment except intrinsically safe equipment which is taken into or used inby the last open crosscut and in return airways in underground mines shall be permissible. The commissioner or his authorized representative shall reject any modification to mining equipment which would endanger the health or safety of employees. (2) Headlights shall be properly installed and maintained in a workmanlike manner and working order on all mobile and face equipment at all times the equipment is in operation. (3) Headlights shall be mounted to provide maximum illumination where it will be most effective and shall be protected from damage by guarding or locations. (4) At all times when mining equipment is being used, it shall be maintained in safe working order. Electrical equipment and circuits shall be examined and tested in a suitable manner by certified electricians to ensure safe working order. (5) Combustible materials, grease, lubricants, or flammable liquids shall not be allowed to accumulate where they can create a fire hazard. (6) All electrical equipment utilized in intake airways outby the last open crosscut shall be maintained in safe operating condition and in accordance with the manufacturer's instructions. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 37, sec. 3, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 104, sec. 19, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 480, sec. 6, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 308, sec. 36, effective April 9, 1996. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 24. -- Amended 1976 Ky. Acts ch. 174, sec. 14. -- Amended 1972 Ky. Acts ch. 303, sec. 21. -- Amended 1952 Ky. Acts ch. 162, sec. 27, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-34, 2739-35. Legislative Research Commission Note (8/21/2008). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. One such correction that was overlooked during codification after the 2005 Regular Session of the General Assembly has been made in this section. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.232 Definitions -- Safety requirements governing use of electrical face equipment -- Examination for methane gas

352.232. Definitions -- Safety requirements governing use of electrical face equipment -- Examination for methane gas For purposes of this section, "approved" means that a device, apparatus, equipment, machinery, or practice employed in the mining of coal has been approved by the commissioner of the Department for Natural Resources or accepted by a nationally or federally recognized testing laboratory or the United States Department of Labor Mine Safety and Health Administration; "suitable" means a design, material, or installation that meets the requirements of its intended use or that is accepted by a nationally or federally recognized testing laboratory or the United States Department of Labor Mine Safety and Health Administration. (1) No person shall be placed in charge of electrical face equipment in any mine unless he is a qualified person capable of determining the safety of the roof, face, and ribs of the working places and detecting the presence of explosive gas. Operators of electrical face equipment shall undergo an examination to determine their fitness to detect explosive gas and shall have a minimum of forty-five (45) days of actual mining experience before they are permitted to have charge of electric face equipment. Safety committeemen, shotfirers, and others whose duty may require them to make inspections for gas shall undergo and pass an examination or possess a mine foreman's certificate before using an approved multi-gas detection device underground. The examination shall be given by the mine inspector. Blank forms for the examination shall be furnished by the department. A copy shall be retained on file at the mine office and the original shall be sent to the department fully made out and signed by the applicant and approved by the mine inspector. (2) No electric face equipment shall be brought inby the last breakthrough next to the working face until the equipment operator has made an inspection for explosive gas using an approved gas detection device or instrument in the place where the equipment is to work unless the inspection is then made by some other competent person authorized and appointed for that purpose by the mine foreman. If any explosive gas in excess of one percent (1%) is found in the place, the electrical equipment shall not be taken in until the gas is removed. (3) While the electric equipment is operating at the face, an examination for gas shall be made at not more than twenty (20) minute intervals. If methane gas is found in excess of one percent (1%) at any time, the power shall be de-energized from the equipment and left de-energized until the gas is reduced to less than one percent (1%) and the place determined safe by a foreman. Effective: July 13, 2004 History:Created 2004 Ky. Acts ch. 37, sec. 4, effective July 13, 2004. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 352.240 Repealed, 1972

352.240. Repealed, 1972 Catchline at repeal: Explosives and other blasting devices in mines. History: Repealed 1972 Ky. Acts ch. 303, sec. 53. --Amended 1954 Ky. Acts ch. 227, sec. 2, effective June 17, 1954. -- Amended 1952 Ky. Acts ch. 162, sec. 28. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-41.

KRS 352.241 Explosives and blasting devices in mines

352.241. Explosives and blasting devices in mines (1) Explosives or detonators carried anywhere underground by any person shall be in containers constructed substantially of nonconductive material, maintained in good condition, and kept closed. (2) When explosives or detonators are transported underground in cars moved by means of a locomotive or rope, or in shuttle cars, they shall be in substantial covered cars or in special substantial covered containers used specifically for transporting detonators or explosives. (a) The bodies and covers of the cars and containers shall be constructed or lined with nonconductive material. (b) If explosives and detonators are hauled in the same explosives car or in the same special container, they shall be separated by at least a four (4) inch substantially fastened hardwood partition or the equivalent. (c) Explosives, detonators, or other explosive items shall not be transported on the same trip with men. (d) When explosives or detonators are transported in special cars or containers in cars, they shall be hauled in special trips not connected to any other trip. However, this does not prohibit the use of the additional cars as needed to lower a rope trip or to haul supplies including timbers. Materials so transported shall not project above the top of the car. Exposed highly flammable materials such as oil or grease shall not be hauled on the same trip with explosives. (e) Explosives or detonators shall not be hauled into or out of a mine within five (5) minutes preceding or following a man trip or any other trip. (3) Explosives and detonators shall be transported underground by belt only under the following conditions: (a) In the original and unopened case, in special closed cases constructed of nonconductive material, or in suitable individual containers; (b) Clearance requirements shall be the same as those for transporting men on belts; (c) Suitable loading and unloading stations shall be provided; and (d) Stop controls shall be provided at loading and unloading points, and an attendant shall supervise the loading and unloading of explosives and detonators. (4) Neither explosives nor detonators shall be transported on flight or shaking conveyors, scrapers, mechanical loading machines, locomotives, cutting machines, track drills, or any self-propelled mobile equipment. However, this does not prohibit the transportation of explosives or detonators in special substantial covered containers as used in subsection (2) of this section in shuttle cars or in equipment designed especially to transport explosives or detonators. (5) When supplies of explosives and detonators for use in one (1) or more sections are stored underground, they shall be kept in section boxes or magazines of substantial construction with no metal exposed on the inside, located at least twenty-five (25) feet from roadways and power wires, and in a reasonably dry, well-rock-dusted location protected from falls of roof. In pitching beds, where it is not possible to comply with the location requirement, the boxes shall be placed in niches cut into the solid coal or rock. (6) When explosives or detonators are stored in the section, they shall be kept preferably in separate boxes or magazines not less than five (5) feet apart; if kept in the same box or magazine, they shall be separated by at least a four (4) inch substantially fastened hardwood partition or the equivalent. Not more than a forty- eight (48) hour supply of explosives or detonators shall be stored underground in any one (1) section in the boxes or magazines. (7) Explosives and detonators stored near the working faces shall be in separate closed containers, and shall be in a location out of line of blast not less than fifty (50) feet from the face and fifteen (15) feet from any pipeline, powerline, rail, or conveyor; except that if kept in niches in the rib, the distance from pipeline, powerline, rail, or conveyor shall be at least fifteen (15) feet. Explosives and detonators, when stored, shall be separated by a distance of at least ten (10) feet. (8) Explosives and detonators shall be kept in their containers until immediately before use at the working faces. (9) Only nonmetallic tools shall be used for opening wooden explosives containers. Tools or other materials shall not be stored with explosives or detonators. (10) All explosives used underground in underground mines, except in sinking shafts and slopes from the surface, shall be of the permissible type, specifically designed and manufactured for underground use, and shall be used as follows: (a) Fired only with electric detonators of proper strength; (b) Fired with a permissible shot-firing unit of adequate capacity to fire all caps; however, if firing is done from the surface when all men are out of the mine, the firing unit does not need to meet specifications of permissibility; (c) Where the coal is cut, shots shall not be fired if the blast hole is drilled beyond the limits of the cut; (d) Boreholes shall be cleaned, and they shall be checked to see that they are placed properly and are of correct depth, in relation to the cut, before being charged; (e) All blasting charges shall have a burden of at least eighteen (18) inches in all directions if the height of the seam permits; (f) Boreholes shall be stemmed with at least twenty-four (24) inches of incombustible material, or at least one-half (1/2) of the length of the hole shall be stemmed if the hole is less than four (4) feet in depth unless other permissible stemming devices or methods are used; (g) Examinations for gas shall be made immediately before firing each shot or group of multiple shots and after blasting is completed; (h) Shots shall not be fired in any place where methane greater than one percent (1%) can be detected with approved gas detection devices when tested at a point not less than twelve (12) inches from the roof, face, or rib; (i) Charges exceeding one and one-half (1-1/2) pounds, but not exceeding three (3) pounds, shall be used only if boreholes are six (6) feet or more in depth, the explosives are charged in a continuous train, with no cartridges deliberately deformed or crushed, with all cartridges in contact with each other, and with the end cartridges touching the back of the hole and the stemming respectively. However the three (3) pound limit does not apply to special solid rock work if the mine is evacuated or if approved by the department; (j) Shots shall be charged and fired by certified shotfirers designated by the mine foreman; (k) Boreholes shall not be charged while any other work is being done at the face, and the shot or shots shall be fired before any other work is done in the zone of danger from blasting except that which is necessary to safeguard the employees; (l) Only nonmetallic tamping bars shall be used for charging and tamping boreholes. This does not prohibit the use of a nonmetallic tamping bar with a nonsparking metallic scraper on one (1) end; (m) The leg wires of electric detonators shall be kept shunted until ready to connect to the firing cable; (n) Shots shall not be fired from the power of signal circuit while any men are in the mine; (o) The roof and ribs of working places shall be tested before and after firing each shot or group of multiple shots; (p) Ample warning shall be given before shots are fired, and care shall be taken to ascertain that all persons are in the clear. Men shall be removed from adjoining working places when there is danger of a shot blowing through; (q) Mixed types or brands of explosives shall not be charged or fired in any borehole; (r) Mudcaps (adobes) or other unconfined shots shall not be fired underground in a mine; (s) Before blasting, the continuity of the blasting circuits shall be tested with a permissible blaster's galvanometer specifically designed for this purpose; (t) No instantaneous detonator shall be connected in a circuit containing short- period delay detonators. The first charge in a sequence shall be initiated by a short period delay detonator having a nominal delay period of not less than twenty-five (25) milliseconds; (u) All short period delay detonators shall be wired in series; (v) Each primer shall be made with care to insure that the detonator is inserted properly and does not protrude from the wrapping and that the leg wires are secured to the cartridge in a manner so that the detonator will not become dislodged in handling and charging; (w) In making a primer, a powder punch of nonsparking material shall be used. The hole in the cartridge shall be at least one-half (1/2) inch deeper than the detonator used. Rolling the end of a cartridge to receive a detonator is prohibited; (x) The primer shall be placed in the borehole first pointing outward and the rest of the charge shall be pushed in a continuous train to the back of the borehole to prevent cuttings from getting between the cartridges; and (y) Suitable clean-up of loose coal and coal dust with adequate rock-dusting or wetting down at the face of each working place shall be completed prior to charging shot holes. (11) Blasting cables shall be: (a) Well insulated and as long as may be necessary to permit the shotfirer to get in a safe place around a corner; (b) Short-circuited at the battery end until ready to attach to the blasting unit; (c) Staggered as to length or the ends kept well separated when attached to the detonator leg wires; and (d) Kept clear of power wires and all other possible sources of active or stray electric current. (12) Where misfires occur with electric detonators, a waiting period of at least five (5) minutes shall elapse before anyone returns to the shot. After the failure, the blasting cable shall be disconnected from the source of power and the battery ends short- circuited before electric connections are examined. (13) Explosives shall be removed by firing a separate charge at least two (2) feet away from, and parallel to, the misfired charge or by washing the stemming and the charge from the borehole with water, or by inserting and firing a new primer after the stemming has been washed out. (14) A very careful search of the working place and, if necessary, of the blasted material after it reaches the surface shall be made after blasting a misfired hole, to recover any undetonated explosive. (15) The handling of a misfired shot shall be under the direct supervision of the mine foreman or a competent person designated by him. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 355, sec. 17, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 37, effective April 9, 1996. -- Amended 1982 Ky. Acts ch. 370, sec. 5, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 204, sec. 1, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 25. -- Amended 1976 Ky. Acts ch. 174, sec. 15. -- Created 1972 Ky. Acts ch. 303, sec. 22. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.250 Repealed, 1972

352.250. Repealed, 1972 Catchline at repeal: Magazines for explosives -- Location of. History: Repealed 1972 Ky. Acts ch. 303, sec. 53. --Amended 1942 Ky. Acts ch. 138, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-31.

KRS 352.251 Magazines for storage of explosives -- Requirements for construction and operation

352.251. Magazines for storage of explosives -- Requirements for construction and operation (1) Separate surface magazines shall be provided for the storage of explosives and detonators. (2) Surface magazines for storing and distributing explosives in amounts exceeding one hundred twenty-five (125) pounds shall be: (a) Reasonably bulletproof and constructed of incombustible material or covered with fire-resistive material. The roofs of magazines so located that it is impossible to fire bullets directly through the roof from the ground need not be bulletproof, but where it is possible to fire bullets directly through them, roofs shall be made bullet-resistant by material construction, or by ceiling that forms a tray containing not less than a four (4) inch thickness of sand, or by other methods; (b) Provided with doors constructed of three-eighths (3/8) inch steel plate lined with a two (2) inch thickness of wood, or the equivalent; (c) Provided with dry floors made of wood or other nonsparking material and have no metal exposed inside the magazine; (d) Provided with suitable warning signs so located that a bullet passing directly through the face of a sign will not strike the magazine; (e) Provided with properly screened ventilators; (f) Equipped with no openings except for entrance and ventilation; (g) Kept locked securely when unattended. (3) Surface magazines for storing detonators shall be in accordance with other provisions for storing explosives. (4) The location of magazines shall be not less than two hundred (200) feet from any mine opening, occupied building, or public road. Where compliance with this provision is not practicable, the magazine shall be effectively barricaded. Where practicable, as determined by the mine inspector, future explosives magazines shall be placed in open pits, ravines or other recessed areas. (5) The supply kept in distribution magazines shall be limited to approximately one (1) day's requirements, and such supplies of explosives and detonators may be distributed from the same magazine, if separated by at least a four (4) inch substantially fastened hardwood partition or the equivalent. (6) The area surrounding magazines for not less than twenty-five (25) feet in all directions shall be kept free of rubbish, dry grass, or other materials of a combustible nature. (7) Only permissible lights, worn or carried, shall be used inside magazines. (8) Only nonmetallic tools shall be used for opening wooden containers. Extraneous materials shall not be stored in an explosives or detonator magazine. (9) Smoking, carrying smokers' articles, or open flame shall be prohibited in or near any magazine. History: Created 1972 Ky. Acts ch. 303, sec. 23.

KRS 352.260 Shotfirers -- Solid blasting

352.260. Shotfirers -- Solid blasting (1) Any operator of a mine shall designate only certified persons as shotfirers to prepare the cartridge and set off and discharge the shots. (2) Shotfirers shall at all times be under the direction of a certified mine foreman. (3) The following conditions apply when shooting coal from the solid: (a) All licensees engaged in shooting coal from the solid shall submit an application for a permit to the commissioner on a form prescribed by the department. (b) Before said permit is issued by the commissioner he shall have an investigation conducted of the mine to determine the adequacy of the proposed solid blasting plan in complying with KRS Chapter 351 and this chapter and administrative regulations applicable to blasting coal in an underground mine. (c) The mine inspector shall have the authority to stop production at the mine by the issuance of a closure order to any operator who fails to obtain a permit when shooting coal from the solid. (4) When using the method of solid blasting, no more than one (1) face shall be charged or detonated simultaneously. (5) When shooting coal from the solid, not more than two (2) adjacent openers or cut holes shall be primed with detonators having the same delay period. The nominal delay intervals between the succeeding rows of horizons shall not be less than fifty (50) milliseconds nor more than one hundred (100) milliseconds. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 20, effective July 14, 2000. -- Amended 1982 Ky. Acts ch. 370, sec. 6, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 212, sec. 1, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 303, sec. 24. -- Amended 1952 Ky. Acts ch. 162, sec. 29, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-1, 2739-39, 2739-40.

KRS 352.270 Storage of oils or similar flammable material

352.270. Storage of oils or similar flammable material Buildings used for the storage of oils or similar flammable material shall not be located within one hundred (100) feet of any hoisting or escape shaft or mine opening. Oil, grease or similar flammable material shall not be stored within one hundred (100) feet of any hoisting or escape shaft or mine opening. Oil and grease used in mines shall be taken into the mine from day to day with one (1) day's supply being the maximum. Oil and grease stored underground shall be kept in closed containers. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 26. -- Amended 1972 Ky. Acts ch. 303, sec. 25. --Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-53.

KRS 352.280 Examination of mine by properly certified person -- Duties -- Frequency of examinations

352.280. Examination of mine by properly certified person -- Duties -- Frequency of examinations (1) In all mines the licensee, mine manager, or superintendent shall employ one (1) or more properly certified persons. (2) A properly certified person shall examine carefully, within three (3) hours before each shift enters the mine: (a) Every working place; (b) All places adjacent to live workings; (c) Every roadway where persons are required to work or travel; (d) All abandoned panels on the intake; (e) Every set of seals on the intake; and (f) All roof falls near active workings on the intake and on the working sections. (3) Before proceeding with the examination he shall see that the air current is traveling its proper course. (4) A properly certified person shall use approved gas detection devices in the performance of the required examination and shall examine the entrances to all worked-out and abandoned portions adjacent to the intake roadways and working places under his charge where explosive gas is likely to accumulate. (5) After examination, the properly certified person shall leave at or as close as possible to the face of every place examined the date and time of the examination and his initials as evidence that he has performed his duty. (6) If an explosive mixture of gas is discovered, the properly certified person shall place a danger signal across the entrance to every place where explosive gas is discovered or where immediate danger is found to exist from any other cause. The signal shall be sufficient warning to ensure that persons do not enter the area. (7) When the mine is idle and workmen are required to go into the mine, the section, portion, or part of the mine entered must be inspected by a properly certified person within three (3) hours before the workmen enter. (8) Each week, a properly certified person designated by the mine foreman shall examine each set of seals on the return, all designated intake and return entries, and all escapeways. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 20, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 18, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 38, effective April 9, 1996. --Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 27. -- Amended 1976 Ky. Acts ch. 174, sec. 16. -- Amended 1972 Ky. Acts ch. 303, sec. 26. -- Amended 1952 Ky. Acts ch. 162, sec. 30, effective March 5, 1952. -- Amended 1946 Ky. Acts ch. 120, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-38. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.290 Record book to be kept by fire boss -- Report of danger -- Accessibility of records to mine inspector and miner

352.290. Record book to be kept by fire boss -- Report of danger -- Accessibility of records to mine inspector and miner A suitable record book shall be kept at the mine office of every mine wherein fire bosses are employed, and immediately after the examination of the mine or any portion thereof, by a fire boss, he shall enter and sign a record of the examination in the book with ink. The record shall clearly show the time taken in making the examination, the nature and location of any danger discovered in the mine, and what has been done to correct dangerous conditions. If any danger is discovered, the fire boss shall immediately report its location to the mine foreman, or in his absence to the assistant mine foreman in charge, who shall take immediate action to remove the danger. When a station is located inside a mine the fire boss shall enter and sign a report both in the record book kept there and in a record book in the mine office on the surface. The record books of the licensee shall at all times during working hours be accessible to the mine inspector and the miner or his representative. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 21, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 39, effective April 9, 1996. -- Amended 1976 Ky. Acts ch. 174, sec. 17. -- Amended 1972 Ky. Acts ch. 303, sec. 27. -- Amended 1946 Ky. Acts ch. 120, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-38. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.300 Stations for fire bosses -- Persons not to pass or remove danger signals

352.300. Stations for fire bosses -- Persons not to pass or remove danger signals (1) The mine foreman and the fire boss shall, at or near the main entrance to the mine, provide a permanent station with a proper danger signal, designated by suitable letters and colors placed thereon, and, if the working portions are one (1) mile or more from the entrance to the mine or from the bottom of the shaft or slope, a station of suitable dimensions for the use of the fire boss may be erected by the mine foreman in a location approved by the inspector. (2) No person, except the mine foreman, and in case of necessity other persons as are designated by him, and under his direct supervision for the purpose of correcting the dangerous condition, shall pass a danger signal until the dangerous condition has been corrected. No person shall enter a mine until the mine has been examined by a fire boss and the mine or the portions of it beyond the fire boss station reported by him to be safe. (3) The fire boss shall not allow any other person to enter or remain in any portion of the mine through which a dangerous accumulation of gas is being passed into the ventilating current from any portion of the mine. He shall report to the mine foreman at once any violations of KRS 352.280 to 352.310. (4) No person except a mine foreman, assistant mine foreman, fire boss or person designated by the mine foreman under subsection (2) of this section, shall pass or remove any danger signal before the mine has been examined and reported to be safe. (5) No person shall pass or remove any danger signal without permission from the mine foreman, the assistant mine foreman, or the fire boss. (6) If any mine foreman has knowledge of a violation of subsection (4) or (5) of this section, he shall immediately notify the licensee or superintendent who shall notify the mine inspector, in writing. The mine inspector shall then immediately institute proceedings against the offender. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 40, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 28. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-38. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.310 Suspension of fire boss -- Revocation of certificate

352.310. Suspension of fire boss -- Revocation of certificate Any fire boss who fails to perform his duties, or who makes a false report of the condition of any place in the portion of the mine allotted to him for examination, shall be suspended by the mine foreman, and his name shall be given to the mine inspector for prosecution. If he is found guilty by the Mine Safety Review Commission, he shall return his certificate of qualification to the department. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 42, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 104, sec. 22, effective July 14, 2000. -- Amended 1972 Ky. Acts ch. 303, sec. 29. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-38.

KRS 352.320 Mine foreman -- Assistants

352.320. Mine foreman -- Assistants (1) All commercial coal mines shall employ a certified mine foreman therein to properly carry out the plans and rules when approved by the commissioner of the department and to be responsible for compliance with the provisions of KRS Chapter 351 and this chapter. (2) When the mine workings become so extensive that the mine foreman is unable personally to carry out the duties required of him by law, the operator, superintendent, or mine manager shall employ a sufficient number of persons holding suitable certificates of qualifications to act as assistants to the mine foreman, and under his instructions. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 21, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 104, sec. 23, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 41, effective April 9, 1996. -- Amended 1978 Ky. Acts ch. 301, sec. 10, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 303, sec. 30. --Amended 1952 Ky. Acts ch. 162, sec. 31, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-1, 2739-42. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.330 General duties of mine foreman -- Duty of licensee

352.330. General duties of mine foreman -- Duty of licensee The mine foreman shall exercise general supervision over the ventilating apparatus and the airways, traveling ways, working places, pumps and drainage, and shall see that as the miners advance their excavations proper breakthroughs are made as required by law to properly ventilate the mine. He shall see that employees are provided with sufficient props, cap pieces, and timbers of suitable size, which shall be delivered to the working place and shall see that the props are cut as square as practicable at both ends and as near as practicable to the proper length required or designated for the places where they are to be used. The mine foreman shall see that the water is drained as nearly as practicable out of the working places, and that the working places are kept as free from water as practicable during working hours. He shall see that every person employed to work in the mine is, before beginning to work, instructed in the particular danger incident to his work in the mine and furnished a copy of the rules of the mine. He shall immediately report all violations of the mining laws to the operator or superintendent, who shall report the violations to the mine inspector. History: Amended 1972 Ky. Acts ch. 303, sec. 31. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-42.

KRS 352.340 Examination of mine by mine foreman or assistants -- Removal of dangers -- Record

352.340. Examination of mine by mine foreman or assistants -- Removal of dangers -- Record (1) The mine foreman or his assistants shall: (a) Visit and carefully examine each working place in the mine at least every four (4) hours while the mine employees are at work; (b) Examine as live workings, on regular inspections, all places in live sections that are temporarily abandoned. If the mine foreman finds any place to be in a dangerous condition, he shall not leave the place until it is made safe, or until the employees working therein are removed until the place is made safe; (c) Ensure that every mine liberating explosive gas is kept free of standing gas in all working places and roadways, and that all accumulations of explosive or noxious gases in the worked-out or abandoned portions of any mine are removed as soon as possible after discovery; (d) Ensure that all preshift examinations are conducted by a certified person, that examinations of conveyor belts have been conducted, and that no person who may be endangered by the presence of explosive or noxious gases be allowed to enter that portion of the mine until the gases have been removed; and (e) Direct and see that all dangerous places and the entrances to worked-out and abandoned places in all mines are properly barricaded across the openings, so that no person will enter, and that danger signs are posted upon the barricade to warn persons of existing danger. The mine foreman or his or her assistants shall give prompt attention to the removal of all dangers reported to him by his assistants, the fire boss, or any person working in the mine, and if it is impracticable to remove the danger at once, the mine foreman or his or her assistants shall notify every person whose safety is menaced thereby to remain away from the portion where the dangerous condition exists. (2) The mine foreman or his assistants, fire bosses, or other certified persons shall, at least once every week, travel and examine all air courses, escapeways, the caches of self-contained self-rescuer devices required by KRS 352.133, the caches' contents, seals on the return, roads, and openings that give access to old workings or pillar falls, and make a record of the condition of all places where danger has been found. The record shall be made with ink pencil in the record book provided for that purpose. (3) Examinations of conveyor belts shall be conducted by a certified foreman or a certified belt examiner. A certified belt examiner shall have a total of three (3) years of practical underground mining experience and successfully complete a certification examination administered by the Division of Mine Safety. The certification examination shall cover the topics of belt conveyor legal requirements; roof control practices; mine ventilation; mine gases and instruments; fire hazards; and inspection and reporting procedures. The belt examiner also shall demonstrate proficiency in the use of an anemometer, methane detector, and oxygen devices. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 34, effective June 24, 2015. -- Amended 2006 Ky. Acts ch. 71, sec. 1, effective July 12, 2006; and ch 185, sec. 22, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 104, sec. 24, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 42, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 32. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-42. Legislative Research Commission Note (7/14/2000). The phrase "with ink pencil" in the last sentence of subsection (2) this statute appears to have resulted from a drafting error. In 2000 Ky. Acts ch. 104, secs. 21 and 25, the words "or indelible pencil" were deleted from the phrase "with ink or indelible pencil." In Section 24 of that Act, however, only the words "or indelible" were deleted from the same phrase that appeared in this statute. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.350 Mine foreman to notify licensee or superintendent of dangers -- Duties as to reports -- Compliance with inspector's recommendations

352.350. Mine foreman to notify licensee or superintendent of dangers -- Duties as to reports -- Compliance with inspector's recommendations (1) The mine foreman shall notify, in writing, the licensee or superintendent of the mine of his inability to comply with any of the requirements of the mining laws, and the licensee or superintendent shall at once attend to the matter complained of by the mine foreman so as to enable him to comply with the mining laws. (2) The mine foreman shall each day enter and sign plainly with ink, in a book provided for that purpose, a report of the condition of the mine. The report shall clearly state any danger that comes under his observation during the day or is reported to him by his assistants or by the fire bosses, and shall state what action was taken to correct such danger, whether or not there is a proper supply of material on hand for the safe working of the mine, and whether or not the mining laws are being complied with. The mine foreman shall each day read carefully, and countersign with ink, all reports entered in the record book of the fire bosses. (3) The mine superintendent, mine manager, mine foreman, and assistant foreman shall be held jointly responsible for the immediate compliance with the provisions of KRS Chapter 351 and this chapter. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 23, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 104, sec. 25, effective July 14, 2000. -- Amended 1976 Ky. Acts ch. 174, sec. 18. --Amended 1952 Ky. Acts ch. 162, sec. 32, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-42.

KRS 352.360 Duty of mine foreman as to breakthroughs, measurement of air current, designation of escapeways, and installation of man doors

352.360. Duty of mine foreman as to breakthroughs, measurement of air current, designation of escapeways, and installation of man doors (1) The mine foreman shall see that breakthroughs are made as required by law, and shall see that ventilation is conducted by means of the breakthroughs and through the rooms by means of check doors or curtains placed on the entries or other suitable places, and shall not permit any room to be opened in advance of the ventilating current. (2) At least once each week while the mine is in operation the mine foreman, or some certified person designated by the mine foreman, with an anemometer furnished by the licensee, shall measure the air current at the inlet and outlet and at or near the faces of the advanced headings, and shall keep a record of the measurements in a book approved by the commissioner for the purpose. (3) The mine foreman shall see that signboards directing the way to outlets or escapeways are conspicuously placed throughout the mine. (4) Hinged man doors, installed after June 16, 1976, shall be at least thirty (30) inches square or the height of the coal seam, and shall be installed on the intake and the return air course at intervals not to exceed three hundred (300) feet when the height of the coal is below forty-eight (48) inches and at intervals not to exceed five hundred (500) feet when the height of the coal is above forty-eight (48) inches. (5) Where it is necessary to cross a conveyer belt to reach an escapeway man door, unless another safe means is provided, there shall be a stop-start switch controlling the conveyer belt. The switch shall be located in such a manner that it may be reached from each side of the belt. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 43, effective April 9, 1996. -- Amended 1976 Ky. Acts ch. 174, sec. 19. -- Amended 1972 Ky. Acts ch. 303, sec. 33. -- Amended 1952 Ky. Acts ch. 162, sec. 33, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739- 42. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.370 Repealed, 1972

352.370. Repealed, 1972 Catchline at repeal: Boreholes in advance of face, when required. History: Repealed 1972 Ky. Acts ch. 303, sec. 53. -- Amended 1952 Ky. Acts ch. 162, sec. 34, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-42.

KRS 352.371 Boreholes in advance of working face required

352.371. Boreholes in advance of working face required Whenever any working place approaches within fifty (50) feet of abandoned areas in the mine as shown by surveys made and certified by a registered engineer, or within two hundred (200) feet of any other abandoned areas of the mine which cannot be inspected and which may contain dangerous accumulations of water or gas, or within two hundred (200) feet of any workings of an adjacent mine, a borehole or boreholes shall be drilled to a distance of at least twenty (20) feet in advance of the working face of the working place and shall be continually maintained to a distance of at least ten (10) feet in advance of the advancing working face. When there is more than one (1) borehole, they shall be drilled sufficiently close to each other to insure that the advancing working face will not accidentally hole through into abandoned areas or adjacent mines. Boreholes shall also be drilled not more than eight (8) feet apart in the rib of the working place to a distance of at least twenty (20) feet and at an angle of forty-five (45) degrees before additional cuts are taken. Rib holes shall be drilled in one (1) or both ribs of the working place as may be necessary for adequate protection of miners in such place. Alternative plans which afford equal or greater protection may be approved by the commissioner or his authorized representative. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 355, sec. 19, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 44, effective April 9, 1996. -- Created 1972 Ky. Acts ch. 303, sec. 34. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.380 Death or resignation of mine foreman

352.380. Death or resignation of mine foreman In case of the death or resignation of a mine foreman, the superintendent shall select a competent certified man, if one (1) is available, and if not, he may temporarily select any other competent man who, if approved by the mine inspector and the commissioner, may serve until the next examination. He shall, while acting as mine foreman, have the same duties and be liable to the same penalties. History: Amended 1972 Ky. Acts ch. 303, sec. 35. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-42.

KRS 352.390 Revocation of certificates -- Procedure

352.390. Revocation of certificates -- Procedure The Mine Safety Review Commission shall revoke, suspend, or probate certificates if it is established in the judgment of the commission that the holder has become unworthy to hold the certificate by reason of violation of law, intemperate habits, failure to maintain drug- and alcohol-free condition of certification, incapacity, abuse of authority, failure to comply with the mining laws of the Commonwealth of Kentucky, or for other just cause. The same procedure provided in subsections (11) and (12) of KRS 351.102 shall apply to the certificate holder. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 241, sec. 22, effective July 12, 2006. -- Amended 2001 Ky. Acts ch. 149, sec. 12, effective March 20, 2001. -- Amended 1996 Ky. Acts ch. 318, sec. 335, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 301, sec. 11, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 12. -- Amended 1976 Ky. Acts ch. 174, sec. 20. -- Amended 1972 Ky. Acts ch. 303, sec. 36. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-42. Legislative Research Commission Note (3/19/93). Although the phrase " ... wilful failure to comply with instructions of the mine inspector to obey the mining laws, ..." that appeared in the first sentence of this statute prior to the 1976 Regular Session of the General Assembly was changed by action at that session to read " ... failure to comply with the mining laws of the Commonwealth of Kentucky ...", see 1976 Ky. Acts ch. 174, sec. 20, the text of the statute amended at 1976 (Extra. Sess.) Ky. Acts ch. 8, sec. 12, and later at 1978 Ky. Acts ch. 301, sec. 11, failed to incorporate this change. After first correctly printing the text as amended at the 1976 Regular Session, both publishers of the official editions unintentionally returned to part or all of the pre-1976 text by relying on the erroneous unamended text shown in the two later amendments to the statute. The publishers have been directed to alter the text of the first sentence of this statute in order to restore the relevant legislative action from the 1976 Regular Session that was inadvertently omitted in subsequent reprintings of this statute. See KRS 446.270 & 446.280, enacted 1982 Ky. Acts ch. 2, secs. 3 & 4 (effect of failure to underline new language and failure to indicate deleted material by brackets and strike through in amended statutes); see also Corson v. Thomson, 116 N.H. 344, 358 A.2d 866 (1976).

KRS 352.400 Mine rules

352.400. Mine rules (1) The licensee of any mine may adopt special rules consistent with KRS Chapter 351 and this chapter for the government and operation of his mine, and covering all the work pertaining thereto in and out of the mine. Before the rules are put into effect they shall be approved in writing by the commissioner. (2) The mine rules shall be printed in a form prescribed by the commissioner. (3) The licensee shall furnish each employee a copy of the mine rules, and each employee shall sign a statement indicating his receipt of a copy of the rules and his agreement to comply with them. (4) The mine rules shall be included in the subjects taught during annual retraining of the mine's employees. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 355, sec. 20, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 104, sec. 26, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 45, effective April 9, 1996. -- Amended 1976 Ky. Acts ch. 174, sec. 21. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-54. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.410 Duties of mine superintendent, mine manager, and licensee

352.410. Duties of mine superintendent, mine manager, and licensee (1) Each superintendent or mine manager shall, on behalf and at the expense of the licensee, keep on hand at or within convenient distance of the mine, not to exceed five hundred (500) feet, a sufficient quantity of all materials and supplies required to preserve the safety of employees, as ordered by the mine foreman and required by law. If the superintendent or mine manager cannot procure the necessary materials or supplies, he shall at once notify the mine foreman, who shall withdraw the men from the mine until the materials or supplies are received. (2) The superintendent or mine manager shall, at least once each week, read and examine carefully and countersign all reports entered in the mine record book of the mine foreman. (3) The licensee, superintendent, or mine manager shall cooperate with the mine foreman and other officials in the fulfillment of their duties under KRS Chapter 351 and this chapter, and shall direct that the mine foreman and all other employees under him comply with the law, especially when his attention is called by the mine inspector or by the commissioner to any violations of the laws. (4) The superintendent or mine manager shall keep on hand at the mine a supply of printed rules, notices, and record books required by this chapter. The superintendent or mine manager shall see that rules, notices, and record books are delivered to the proper persons at the mine and are properly cared for, and that the rules and notices are posted in conspicuous places at or near the entrance to the mine and kept legible. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 24, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 21, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 104, sec. 27, effective July 14, 2000. -- Amended 1976 Ky. Acts ch. 174, sec. 22. -- Amended 1972 Ky. Acts ch. 303, sec. 37. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-50.

KRS 352.420 Required notice to commissioner

352.420. Required notice to commissioner (1) The operator, superintendent, or mine manager of each mine shall give the commissioner at least ten (10) days' notice of the following: (a) Abandonment of a mine; (b) Resumption of work in a mine after an abandonment or discontinuance for a period of two (2) weeks or more; and (c) Change in the operator or name of a mine. (2) Each mine shall be inspected and approved by the department before operations are resumed after an abandonment. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 25, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 22, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 324, sec. 3, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 488, sec. 3, effective July 15, 1994. -- Amended 1976 Ky. Acts ch. 174, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739- 50.

KRS 352.430 Inspection and closing of mines by department -- Hearings

352.430. Inspection and closing of mines by department -- Hearings (1) The operator, superintendent, or mine manager of every mine shall furnish the mine inspector proper facilities for entering the mine and making examinations or obtaining information. (2) If any inspector discovers that any mine does not conform to the provisions of KRS Chapter 351 and this chapter in respect to the safety of employees, or that by reason of any defect or practice not specifically covered by these chapters in or about the mine, the lives or health of persons employed therein are endangered, he shall immediately issue an emergency order to the licensee or superintendent. If he deems it necessary for the immediate protection from imminent danger of bodily harm of the persons employed in the mine, he shall withdraw the men who may be endangered according to the following procedures: (a) If the entire mine is affected by the dangerous condition, all men shall be withdrawn and production shall be halted until all defects causing the imminently dangerous condition are corrected; (b) If an imminent danger affects only a portion of the mine, the persons whose safety may be menaced thereby shall be withdrawn from the affected part of the mine and production halted in that area until the dangerous condition is corrected; (c) Where production is necessary to correct the unsafe condition, it shall be permitted to that extent, using only the necessary personnel; and (d) Production at the affected area of a mine from which men are withdrawn pursuant to this section may be resumed upon reinspection by a mine inspector and a finding by that inspector that the mine is no longer imminently unsafe. (3) In all emergency hearings, a departmental attorney, the Attorney General, the Commonwealth's attorney, or the county attorney of the judicial circuit or county in which the mine is situated shall appear for the Commonwealth and defend the action. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 26, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 104, sec. 28, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 480, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 336, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 301, sec. 12, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 280. -- Amended 1976 Ky. Acts ch. 62, sec. 122. -- Amended 1972 Ky. Acts ch. 303, sec. 38. -- Amended 1952 Ky. Acts ch. 162, sec. 35, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739- 25.

KRS 352.440 Appeal by miners from inspection by mine inspector

352.440. Appeal by miners from inspection by mine inspector If seventy-five percent (75%) of the employees of any mine are dissatisfied with the inspection of the mine made by a mine inspector, they may appeal in writing to the department, setting forth clearly and in detail the reasons for their dissatisfaction. The commissioner of the department shall carefully consider the appeal and promptly take action by ordering another inspection to be made by the mine inspector, either alone or in company with another mine inspector detailed by the commissioner for the purpose, if that course appears to him to be warranted by the facts set forth in the appeal, or the commissioner may take such other action as appears to him just and proper. The appeal shall be signed by the dissatisfied persons. History: Amended 1972 Ky. Acts ch. 303, sec. 39. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2738-3.

KRS 352.450 Map of mine to be filed initially and annually -- Additional maps

352.450. Map of mine to be filed initially and annually -- Additional maps (1) The operator or superintendent of each underground mine shall annually make or cause to be made a map of the workings of the mine which is accurate and of professional quality, on a scale of not less than one hundred (100) and not more than five hundred (500) feet to the inch, showing the area mined and the forms of the excavations up to January 1, together with the location and connection of the property and mineral lease lines of all adjoining lands within one thousand (1,000) feet of the excavations and, marked on each tract, the name of each owner or lessee of adjoining lands and of mine property for which the map is being filed. Such map shall also show: (a) The proposed general plan of mining for the next twelve (12) months; (b) All pillared, worked-out, and abandoned areas; (c) Entries and aircourses with the direction of airflow indicated by arrows; (d) Dip of the coal bed; (e) Escapeways; (f) Major roof falls; (g) Any worked-out areas within one thousand (1,000) feet of the projections proposed for the next twelve (12) months, designating whether active, abandoned, or pillared, and showing precautions to be taken if mines are projected towards old workings which cannot be examined; (h) Mines above or below; (i) Water pools above; (j) Location of all known oil and gas wells, both producing and abandoned, within the area required to be mapped, as well as owners and well numbers when possible; (k) Such map shall identify those areas of the mine which are inaccessible or cannot be entered safely and on which no information is available; (l) The name and address of the mine, the mine number, seam, and seam thickness; (m) The scale and orientation of the map, longitude and latitude, and corresponding USGS 7.5 minute quadrangle map; (n) The property or boundary lines of the mine, indicating the twenty-five (25) foot barrier required by KRS 352.490 between projections and property lines; (o) All known drill holes that penetrate the coal bed being mined; (p) All shaft, slope, drift, and tunnel openings and auger and strip-mined areas of the coal bed being mined; (q) The location of all surface mine ventilation fans; the location may be designated on the mine map by symbols; (r) The location of railroad tracks and public highways leading to the mine, and mine buildings of a permanent nature with identifying names shown, and watersheds near openings of the mine; (s) The location and description of at least two (2) permanent base line points coordinated with the underground and surface mine traverses, and the location and description of at least two (2) permanent elevation bench marks used in connection with establishing or referencing mine elevation surveys, and any other identifying permanent landmarks; (t) The location and elevation of any body of water dammed in the mine or held back in any portion of the mine; provided, however, such bodies of water may be shown on overlays or tracings attached to the mine maps used to show contour lines; (u) The elevations of tops and bottoms of shafts and slopes, and the floor at the entrance to drift and tunnel openings; (v) The elevation of the floor at intervals of not more than two hundred (200) feet in: 1. At least one (1) entry of each working section, main entry, and cross entries; 2. The last line of open crosscuts of each working section, and main and cross entries before such sections and main and cross entries are abandoned; and 3. Rooms advancing toward or adjacent to property or boundary lines or adjacent mines; and (w) Contour lines passing through whole number elevations of the coal bed being mined. The spacing of such lines shall not exceed ten (10) foot elevation levels, except that a broader spacing of contour lines may be approved by the commissioner or his authorized representative for steeply pitching coal beds. Contour lines may be placed on overlays or tracings attached to mine maps. The operator, superintendent, or mine manager shall deposit a true copy of the map with his license application to the commissioner within forty-five (45) days after January 1, and another copy of the map shall be kept at the office of the mine. A copy shall also be furnished the district office of the department. (2) After making and filing the map with the commissioner, the operator, superintendent, or mine manager thereafter is only required to file annually with the commissioner, within the time specified, such additional map and statement as is necessary to show the progress of the workings, the amount and forms of excavations, and the property lines within one thousand (1,000) feet of the excavations extended since the date of the preceding map. The commissioner shall annually, before January 1, give notice that the map is required. (3) The commissioner may require any operator, superintendent, or mine manager to furnish a map other than those required in subsections (1) and (2) of this section or of a surface mine, and the operator or superintendent shall immediately comply with the requirement. (4) The mine inspector shall have the authority to stop production at the mine of any operator who does not furnish within thirty (30) days of notification of specific deficiencies a map which fully complies with the requirements of this section. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 27, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 23, effective July 15, 2002. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 28. -- Amended 1972 Ky. Acts ch. 303, sec. 40. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-43.

KRS 352.460 Procedure when no map filed or map incorrect

352.460. Procedure when no map filed or map incorrect (1) If the operator, superintendent, or mine manager of any mine fails to furnish to the commissioner any map required by KRS 352.450 and 352.480, the commissioner may cause a correct survey and map of the mine or extensions thereof to be made at the expense of the owner, lessee, or operator of the mine, and the cost of the map shall be recoverable from the owner, lessee, or operator in the same manner as debts are recoverable by law. (2) If at any time the commissioner has reason to believe that any map furnished under KRS 352.450 and 352.480 is materially incorrect, so that it will not serve the purpose for which it was intended, he may have a survey and map made or corrected, and the expense of making the survey, map, or correction shall be paid by the owner, lessee, or operator of the mine, or recovered in the same manner as debts are recoverable by law; but if the map furnished by the operator or superintendent is found to be correct, the expense of the survey and drafting of the map shall be paid by the Commonwealth. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 28, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 104, sec. 29, effective July 14, 2000. -- Amended 1972 Ky. Acts ch. 303, sec. 41. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-43.

KRS 352.470 Certification of map

352.470. Certification of map (1) The correctness of each map provided for by KRS 352.450 or 352.460 shall be certified only by a professional engineer or land surveyor registered in Kentucky. KRS 322.290 requires registrants to practice only in areas of competence. The certification shall read as follows: "I, the undersigned, hereby certify that, to the best of my knowledge and belief, this map is correct, and that all the information required by the mining laws of this Commonwealth is set out within, and covers the period ending ...., .... Certifying Agent Acknowledged before me, a ...., this .... .... day of ..... ............................ ....................SEAL" (2) The commissioner may reject any map as incomplete if its accuracy is not so attested. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 30, effective July 14, 2000. -- Amended 1992 Ky. Acts ch. 130, sec. 1, effective July 14, 1992; and ch. 419, sec. 1, effective July 14, 1992. -- Amended 1972 Ky. Acts ch. 303, sec. 42. -- Amended 1952 Ky. Acts ch. 162, sec. 36. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-43.

KRS 352.480 Duplicate maps -- Survey of abandoned or closed mine

352.480. Duplicate maps -- Survey of abandoned or closed mine (1) The commissioner shall, upon the application therefor in written form by any person, make or cause to be made, at the expense of the applicant, a duplicate of any final or abandoned mine map on file with the department. The department also may make public or divulge any portion of a mine map submitted to the department by a licensee or operator. (2) When any underground mine is worked out or is about to be abandoned or indefinitely closed, the licensee shall make or cause to be made a final map of the mine, to show the entire worked-out area at the time the mine was abandoned or closed. A certified copy of the final map of the mine, on a scale of not less than one hundred (100) and not more than five hundred (500) feet to the inch, shall be filed with the commissioner. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 87, sec. 2, effective June 24, 2003. -- Amended 2002 Ky. Acts ch. 355, sec. 24, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 480, sec. 8, effective July 15, 1998. -- Amended 1972 Ky. Acts ch. 303, sec. 43. - - Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-43.

KRS 352.490 Mine not to extend within twenty-five feet of property line -- Liability for damages

352.490. Mine not to extend within twenty-five feet of property line -- Liability for damages (1) No owner or tenant of any land containing coal shall engage in underground mining within twenty-five (25) feet of the line dividing the mineral owned or held by him from that of another person, without the written consent of every person interested in or having title to the adjoining land in possession, reversion, or remainder, or the guardians of such of those persons as are infants. The owner or tenant must also have the approval of the commissioner. (2) Any person who violates subsection (1) of this section is liable for damages to the persons injured who may pursue for remedies provided by law for the recovery of damages for injury to their property. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 47, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 44. -- Amended 1952 Ky. Acts ch. 162, sec. 37. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-51. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.500 Rights of adjoining owners

352.500. Rights of adjoining owners (1) Each owner, tenant or occupant of land on which a mine is opened and worked, or his superintendent, shall permit any person interested in or having title to any land adjoining the mined property to have ingress and egress with surveyors and assistants to explore and survey the mine at his own expense once a month for the purpose of ascertaining whether or not KRS 352.490 has been violated. (2) If the right granted in subsection (1) is refused, complaint may be made before the District Court of the county in which the mine is located, and the court shall issue a summons to the owner, tenant, occupant or superintendent to answer the complaint. On the return of the summons executed, and proof that the complainant has right of entry and has been refused without sufficient cause, the court shall designate an early and convenient time for the entry to be made, and issue an order commanding the sheriff of the county to attend and prevent obstructions and impediments to the entry, exploration and survey. The cost of summons and the fee of the sheriff shall be paid by the person whose refusal occasioned the complaint, unless the court dismisses the complaint, in which case the party making the complaint shall pay the cost and sheriff's fee. Either party may appeal as in other actions. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 281. -- Amended 1972 Ky. Acts ch. 303, sec. 45. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-52,

KRS 352.510 Mining near oil or gas wells -- Hearing

352.510. Mining near oil or gas wells -- Hearing (1) In any underground mine before removing any coal or other material or driving any entry or passageway within three hundred (300) feet of any surveyed natural gas or petroleum well, or before extending the workings in any mine beneath any tract of land on which these wells are also drilled, or within three hundred (300) feet of any of these wells or under any tract of land in visible possession of a well operator, the operator shall forward simultaneously to the well operator and to the Department for Natural Resources, by certified mail, return receipt requested, or by registered mail, a copy of the maps and plans required by law to be filed and kept up to date, showing on the copy of the map or plan its mine workings and projected mine workings beneath the tract of land and within three hundred (300) feet of its outer boundaries. The operator may then proceed with his mining operations in the manner indicated on the copy of the map or plan; but if the conduct of his mining operations nearer than three hundred (300) feet to any surveyed natural gas or petroleum well, whether completed or being drilled, or to any proposed well where a derrick is being constructed for drilling, or proposed well will endanger the use of drilling of the well, the well owner or operator affected may, within fifteen (15) days from the receipt of the copy of the map by him and the department, file specific objections in writing to the mining operations within less than three hundred (300) feet of the well; and if the objection is filed, the department shall notify the operator of the character of the objections and fix a time and place for an informal hearing not more than ten (10) days from the end of the fifteen (15) day period. At the hearing, the operator and the well operator, in person or by a representative, shall consider the objections and agree upon the character and extent of operations to be conducted within less than three hundred (300) feet of the well to satisfy the objections raised and meet the approval of the department. And, if no agreement can be reached, the department, after an administrative hearing conducted in accordance with KRS Chapter 13B, shall make a decision defining what coal, if any, is necessary to be left for the safe protection of the use and operation of the well. The decision shall be subject to appeal by either party as provided in KRS 351.040. The department shall keep a complete record of all the hearings. (2) The mine operator shall, every six (6) months, while mining within three hundred (300) feet of the surveyed natural gas and petroleum well, bring up to date the maps and plans required by this section, or file new maps and plans complete to date. (3) Prior to issuance of a waiver to mine within three hundred (300) feet of an oil or gas well, the Division of Mine Safety shall determine whether the oil or gas operator has been properly notified as required by subsection (1) of this section. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 35, effective June 24, 2015. -- Amended 2009 Ky. Acts ch. 79, sec. 13, effective June 25, 2009. -- Amended 1996 Ky. Acts ch. 308, sec. 48, effective April 9, 1996; and ch. 318, sec. 337, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 348, sec. 3, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 315, sec. 76. -- Amended 1972 Ky. Acts ch. 303, sec. 46. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3766b-14. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.520 Repealed, 1996

352.520. Repealed, 1996 Catchline at repeal: Mine scales. History: Repealed 1996 Ky. Acts ch. 308, sec. 50, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 47. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-47. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.530 Repealed, 1996

352.530. Repealed, 1996 Catchline at repeal: Check weighman. History: Repealed 1996 Ky. Acts ch. 308, sec. 50, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 48. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-48. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.540 Payment of miners

352.540. Payment of miners All persons employing persons in mining work shall, on or before the fifteenth and thirtieth days of each month pay to each employee, within fifteen (15) days of the aforesaid fifteenth or thirtieth day, respectively, in lawful money of the United States, the full amount of wages due him, unless prevented by an unavoidable casualty. If, at any time of payment, the employee is absent from his place of labor he shall be entitled to such payment at any reasonable time thereafter on demand. History: Amended 1972 Ky. Acts ch. 303, sec. 49. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2738r-1.

KRS 352.550 Repealed, 2017

352.550. Repealed, 2017 Catchline at repeal: Coercion of trade of miners prohibited. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 1972 Ky. Acts ch. 303, sec. 50. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2738r-2.

KRS 352.560 Repealed, 1946

352.560. Repealed, 1946 Catchline at repeal: Definition of terms used in KRS 352.560 to 352.610. History: Repealed 1946 Ky. Acts ch. 153, sec. 50. -- Created 1942 Ky. Acts ch. 161, sec. 1.

KRS 352.570 Repealed, 1946

352.570. Repealed, 1946 Catchline at repeal: Ventilation of clay mines by fans or other approved methods required. History: Repealed 1946 Ky. Acts ch. 153, sec. 50. -- Created 1942 Ky. Acts ch. 161, sec. 2.

KRS 352.580 Repealed, 1946

352.580. Repealed, 1946 Catchline at repeal: Withdrawal of men from mine in case of failure of ventilating devices. History: Repealed 1946 Ky. Acts ch. 153, sec. 50. -- Created 1942 Ky. Acts ch. 161, sec. 3.

KRS 352.590 Repealed, 1946

352.590. Repealed, 1946 Catchline at repeal: Amount of ventilation required -- Cubic feet of air required per minute. History: Repealed 1946 Ky. Acts ch. 153, sec. 50. -- Created 1942 Ky. Acts ch. 161, sec. 4.

KRS 352.600 Repealed, 1946

352.600. Repealed, 1946 Catchline at repeal: Men other than repair men not to work where ventilation is insufficient. History: Repealed 1946 Ky. Acts ch. 153, sec. 50. -- Created 1942 Ky. Acts ch. 161, sec. 5.

KRS 352.610 Repealed, 1946

352.610. Repealed, 1946 Catchline at repeal: Protection of unused or abandoned sections of mine. History: Repealed 1946 Ky. Acts ch. 153, sec. 50. -- Created 1942 Ky. Acts ch. 161, sec. 5.

KRS 352.620 Repealed, 1996

352.620. Repealed, 1996 Catchline at repeal: Provisions concerning coal mining applicable to clay mines and clay mining. History: Repealed 1996 Ky. Acts ch. 308, sec. 50, effective April 9, 1996. --Created 1952 Ky. Acts ch. 162, sec. 39. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.630 Telephone service or equivalent two-way communication facilities -- Locations -- Alarms

352.630. Telephone service or equivalent two-way communication facilities -- Locations -- Alarms (1) Effective September 1, 2006, each licensed underground facility shall provide telephone service or equivalent two-way communications facilities, approved by the director or his authorized representative, between the surface of each landing of main shafts and slopes, and between the surface and each working section that is more than one hundred (100) feet from a portal. Implementation of telephone or equivalent two-way communications facilities shall be subject to the following provisions: (a) Telephones or equivalent two-way communications facilities provided at each working section shall be located not more than five hundred (500) feet outby the last open crosscut and not more than eight hundred (800) feet from the farthest point of penetration of the working faces on the section; (b) Primary telephone or two-way communications systems and lines shall be located in the intake air course or adjacent entry, but shall not be located in the beltway or return air courses unless approved by the director of the Division of Mine Safety in seams with coal heights twenty-six (26) inches or less; and (c) The incoming communication signal on the telephone or other approved two- way communications system shall activate an audible alarm that is distinguishable from the surrounding noise level and a visual alarm that can be seen by a miner regularly employed on the working section. (2) Effective September 1, 2006, each licensed underground facility shall have a telephone or equivalent two-way communications facility located on the surface within one thousand (1,000) feet of all main portals. The telephone or equivalent two-way communications system shall be installed in either a building or in a box- like structure designed to protect the communications equipment from damage by inclement weather. At least one (1) of these communications systems shall be at a location where a responsible person is available and authorized to respond to an emergency situation at all times when miners are working underground. The incoming communications signal on the telephone or other approved two-way communications system shall activate an audible alarm, distinguishable from the surrounding noise level and a visual alarm that can be seen by the responsible person stationed near the communications system. (3) Effective September 1, 2006, each licensed underground facility shall have a telephone or equivalent two-way communications system located on the surface which can be used to activate the licensed facilities emergency action plan required in KRS 352.640 and to comply with reporting requirements contained in KRS 352.180. The telephone or equivalent two-way communications system shall be installed in either a building or in a box-like structure designed to protect the communications equipment from damage by inclement weather. At least one (1) of the communications systems shall be at a location where a responsible person is available and authorized to respond at all times to an emergency situation when miners are working. The incoming communications signal on the telephone or other approved two-way communications system shall activate an audible alarm, distinguishable from the surrounding noise level and a visual alarm that can be seen by the responsible person stationed near the communications facility. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 36, effective June 24, 2015. -- Created 2006 Ky. Acts ch. 185, sec. 1, effective July 12, 2006.

KRS 352.640 Emergency action plans -- Components -- Copies -- Training -- Evacuation and firefighting programs

352.640. Emergency action plans -- Components -- Copies -- Training -- Evacuation and firefighting programs (1) An emergency action plan shall be submitted with each application for a license to operate an underground mine. The emergency action plan shall be for use during emergencies at the licensed facility. The plan shall consist of the following components: (a) A certification, submitted by the applicant, that the telephone or equivalent two-way communications system will be in place and functioning at the facility when operation begins; (b) A listing of the telephone numbers of the facility personnel, state and federal regulatory agencies, and state, federal, and local emergency response agencies to be contacted in the event of a mine emergency; (c) The positions and telephone numbers of the persons designated by the licensee to implement the emergency action plan during mine emergencies; (d) The name of the ambulance service or first responder with which the licensee has made arrangements to provide twenty-four (24) hour emergency medical assistance for any person injured at the licensed facility; (e) A copy of the licensed facility's mine emergency evacuation and firefighting plan, if one is required; and (f) A training schedule for all personnel as to their responsibilities under the emergency action plan. On site, each licensed facility shall maintain a log containing training dates, the personnel trained, and their positions and shifts. (2) The licensee shall provide a revised copy of the plan to the regional office and the Frankfort office of the Division of Mine Safety within ten (10) days of a change in any of the information required in subsection (1) of this section becoming effective. (3) The licensee shall be responsible for ensuring that copies of the licensed facility's emergency action plan are submitted to the appropriate regional office and to the Frankfort office of the Division of Mine Safety. Copies of the plan also shall be kept on the premises of the licensed facility where it shall be made open to inspection by the licensee's employees and their independent contractors and inspectors. (4) Each licensed facility shall post in a prominent place at the mine office a copy of all emergency contact numbers. The list of emergency contact numbers shall be made available to the licensee's employees and their independent contractors during training on the emergency action plan. (5) Each licensed facility shall train all employees of the licensee, including their independent contractors, at the beginning of their employment with the licensed facility and on an annual basis on the emergency action plan and the persons responsible for the plan's implementation. (6) Each licensed facility on which an underground mine is operated shall develop and implement a mine emergency evacuation and firefighting program that instructs all miners and other personnel of the licensed facility in the proper evacuation procedures they must follow if a mine emergency occurs. The program, and any revisions thereto, must be submitted to the director or his designee. All personnel of the licensed facility, including independent contractors, shall be trained in the performance of the plan's revisions prior to any of the revisions being implemented. The program shall include a plan to train all miners on all shifts with procedures for: (a) Mine emergency evacuation for mine emergencies that present an imminent danger to miners due to fire, explosion, or gas, or water inundation; (b) Evacuation of all miners not required for a mine emergency response; (c) Rapid assembly and transportation of necessary miners, fire suppression equipment, and rescue apparatus to the scene of the mine emergency; and (d) Operation of fire suppression equipment available in the mine. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 37, effective June 24, 2015. -- Created 2006 Ky. Acts ch. 185, sec. 2, effective July 12, 2006.

KRS 352.650 Mine maps -- Posting -- Escape drills -- Frequency -- Locations -- Information

352.650. Mine maps -- Posting -- Escape drills -- Frequency -- Locations -- Information (1) A map shall be posted or readily accessible to all miners in each working section, and in each area where mechanized equipment is being installed or removed. The map shall show the designated escapeways from the working section to the locations where miners must travel to satisfy the escapeway drill specified in subsection (4) of this section. (2) A map showing the main escapeways shall be posted at the surface location of the licensed facility where miners congregate. (3) All maps shall be kept up-to-date. Any changes in routes of travel, locations of doors, or directions of airflow shall be shown on the maps by the end of the shift. Miners affected by the changes shall be informed of the changes before entering the underground areas of the mine. Miners on a shift underground when any change is made shall be immediately notified of the change. (4) At least once every ninety (90) days, each miner, including those miners with working stations located between the working sections and main escapeways, shall participate in a practice escapeway drill. (5) During the drill, miners that do not have working stations located between the working sections and the main escapeways shall travel the greater distance of the two (2) following choices: (a) A path from the primary or alternate escapeway from the miner's working section or from the area where mechanized mining equipment is being installed or removed, to the area where the split of air ventilating the working section intersects a main air course; or (b) A path which is two thousand (2,000) feet outby the section loading point. (6) Those miners who have working stations located between the working sections and the main escapeways shall participate in the escapeway drill by traveling in the primary or alternate escapeway for a distance of two thousand (2,000) feet from their working station toward the nearest escape facility or drift opening. (7) (a) At least once every six (6) weeks and for each shift, at least two (2) miners on each coal-producing working section who work on that section, accompanied by the section foreman, shall participate in a practice escapeway drill and shall travel the primary or alternate escapeway: 1. From the location specified in paragraph (a) of subsection (5) of this section to the surface; 2. To mechanical escape facilities; or 3. To an underground entrance to a shaft or slope to the surface. (b) Systematic rotation of section personnel shall be used so that all miners participate in this drill. (8) (a) At least once every six (6) weeks, at least two (2) miners on each maintenance shift and a foreman or assistant foreman shall participate in a practice escapeway drill and shall travel the primary or alternate escapeway: 1. From the location specified in paragraph (a) of subsection (5) of this section to the surface; 2. To mechanical escape facilities; or 3. To an underground entrance to a shaft or slope to the surface. (b) Systematic rotation of maintenance personnel and working sections shall be used so that all miners participate in the drill and so that the escapeways from all sections are traveled. (9) For all escapeway drills required by this section, an escapeway drill shall not be conducted in the same escapeway as the drill proceeding immediately thereafter. (10) Before or during practice escapeway drills, miners shall be informed of the locations of fire doors, check curtains, changes in the routes of travel, caches of self-rescuers, and plans for diverting smoke from escapeways. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 185, sec. 3, effective July 12, 2006.

KRS 352.660 Prohibition of termination or disciplining of miners for reporting unsafe mines or violations

352.660. Prohibition of termination or disciplining of miners for reporting unsafe mines or violations No licensee, operator, mine superintendent, mine manager, or other supervisory personnel shall terminate or otherwise discipline a miner for reporting or documenting to or cooperating with regulatory agencies in their investigation of unsafe mining practices or conditions or violations of provisions of KRS Chapter 351 or 352. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 185, sec. 5, effective July 12, 2006.

KRS 352.990 Repealed, 1996

352.990. Repealed, 1996 Catchline at repeal: Penalties. History: Repealed 1996 Ky. Acts ch. 308, sec. 50, effective April 9, 1996. -- Amended 1982 Ky. Acts ch. 370, sec. 7, effective July 15, 1982. --Amended 1976 Ky. Acts ch. 174, sec. 24. -- Amended 1972 Ky. Acts ch. 303, secs. 51 and 52. -- Amended 1954 Ky. Acts ch. 227, sec. 3. -- Amended 1942 Ky. Acts ch. 161, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2738r-3, 2739-49, 3766b-18. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

KRS 352.9901 Repealed, 1996

352.9901. Repealed, 1996 Catchline at repeal: Moratorium ending April 8, 1996, on levying of mandatory fines and penalties pursuant to KRS 352.990 -- Exception. History: Repealed 1996 Ky. Acts ch. 308, sec. 50, effective April 9, 1996. -- Created 1994 Ky. Acts ch. 297, sec. 2, effective April 8, 1994. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38943Fetched: 10/20/2026