DEPARTMENT FOR NATURAL RESOURCES

KRS tit. XXVIII, ch. 351

in effect

KRS 351.010 Definitions for chapter -- Applicability

351.010. Definitions for chapter -- Applicability (1) As used in this chapter, unless the context requires otherwise: (a) "Adulterated specimen" means a specimen containing a substance that is not a normal constituent or containing an endogenous substance at a concentration that is not a normal physiological concentration; (b) "Approved" means that a device, apparatus, equipment, or machinery, or practice employed in the mining of coal has been approved by the commissioner of the Department for Natural Resources; (c) "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; (d) "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; (e) "Commission" means the Mine Safety Review Commission created by KRS 351.1041; (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) "Excavations and workings" means the excavated portions of a mine; (j) "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; (k) "Gassy mine." All mines shall be classified as gassy or gaseous; (l) "Illicit substances" includes prescription drugs used illegally or in excess of therapeutic levels as well as illegal drugs; (m) "Intake air" means air that has not passed through the last w orking 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%) oxygen, no dangerous quantities of flammable gas, and no harmful amounts of poisonous gas or dust; (n) "Licensee" means any owner, operator, lessee, corporation, partnership, or other person who procures a license from the department to operate a coal mine; (o) "Medical review officer" or "MRO" means a licensed physician with knowledge of substance abuse d isorders, laboratory testing, chain of custody, collection procedures, and the ability to verify positive, confirmed test results. The MRO shall possess the necessary medical training to interpret and evaluate a positive test result in relation to the person's medical history or any other relevant biomedical information; (p) "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, but which are administered as distinct units, shall be considered a separate mine; (q) "Mine foreman" means a certified person whom the licensee or superintendent places in charge of the workings of the mine and of the persons employed therein; (r) "Mine manager" means a certified or noncertified person whom the license e 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; (s) "Open-pit mine" shall include open excavations and open -cut workings, including but not limited to 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; (t) "Operator" means the licensee, owner, lessee, or other person who operates or controls a coal mine; (u) "Permissible" refers to any equipment, dev ice, 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 and that meets all requirements, restrictions, exceptions, limitations, and condit ions attached to the classification by the approving agency; (v) "Preshift examination" means the examination of a mine or any portion thereof where miners are scheduled to work or travel, which shall be conducted not more than three (3) hours before any o ncoming shift; (w) "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; (x) "Serious physical injury" means an injury which has a reasonabl e potential to cause death; (y) "Shaft" means a vertical opening through the strata that is used in connection with the mining of coal, for the purpose of ventilation or drainage, or for hoisting men, coal, or materials; (z) "Slope" means an inclined opening used for the same purpose as a shaft; (aa) "Superintendent" means the person who, on behalf of the licensee, has immediate supervision of one (1) or more mines; (ab) "Supervisory personnel" means a person certified under the provisions of this chapter to assist in the supervision of a portion or the whole of the mine or of the persons employed therein; (ac) "Division" means the Division of Mine Safety; (ad) "Director" means the director of the Division of Mine Safety; (ae) "Probation" means the status of a certification or license issued by the Division of Mine Safety that conditions the validity of the certification or license upon compliance with orders of the Mine Safety Review Commission; (af) "Final order of the commission" means an order which has not been appealed to the Franklin Circuit Court within thirty (30) days of entry, or an order affirming the commission's order that has been entered by any court within the Commonwealth and for which all appeals have been exhausted; (ag) "Emergency medical technician" has the same meaning as in KRS 311A.010; and (ah) "Mine emergency technician" means a person that holds a current surface or underground miner's certification in the Commonwealth and that has been certified as having met all the requirements prescribed by the Division of Mine Safety for that certification. (2) Except as the context otherwise requires, this chapter applies only to commercial coal mines. (3) The definitions in KRS 352.010 apply also to this chapter, unless the context requires otherwise. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 80, sec. 1, effective June 27, 2025. -- Amended 2020 Ky. Acts ch. 100, sec. 1, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 117, sec. 29, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 7, effective June 24 , 2015. -- Amended 2012 Ky. Acts ch. 89, sec. 1, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 185, sec. 6, effective July 12, 2006; and ch. 241, sec. 8, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 123, sec. 56, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 355, sec. 1, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 149, sec. 3, effective March 20, 2001. -- Amended 2000 Ky. Acts ch. 104, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 1, effective Apr il 9, 1996. -- Amended 1978 Ky. Acts ch. 301, sec. 1, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 17, effective December 22, 1976. -- Amended 1976 Ky. Acts ch. 174, sec. 1. -- Amended 1972 Ky. Acts ch. 298, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 257. -- Amended 1952 Ky. Acts ch. 162, sec. 1. -- Amended 1946 Ky. Acts ch. 120, sec. 1. -- 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 351.020 Commissioner of Department for Natural Resources -- Functions

351.020. Commissioner of Department for Natural Resources -- Functions (1) The Department for Natural Resources shall be headed by the commissioner of the Department for Natural Resources. (2) The department shall administer all laws of the Commonwealth relating to mines. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 123, sec. 57, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 104, sec. 2, effective July 14, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-2, 2739-3, 3766b-15, 4618-38.

KRS 351.021 Repealed, 1966

351.021. Repealed, 1966 Catchline at repeal: "Chief" refers to "Commissioner." History: Repealed 1966 Ky. Acts ch. 255, sec. 283. -- Created 1960 Ky. Acts ch. 228, sec. 1.

KRS 351.025 Duties of department relating to mine safety -- Administrative regulations

351.025. Duties of department relating to mine safety -- Administrative regulations The department shall: (1) Promulgate administrative regulations that establish comprehensive criteria for the imposition and enforcement of sanctions against certified and noncertified personnel and owners and part-owners of licensed premises whose intentional violation of, or order to violate, mine safety laws places miners in imminent danger of serious injury or death. These criteria shall include but not be limited to the following: (a) In the case of individuals that are certified miners, the Mine Safety Review Commission may revoke or suspend an individual's certification, or probate an individual's certification for first offenses, and the Mine Safety Review Commission shall establish a maximum penalty for subsequent offenses; (b) In the case of individuals that are owners or part-owners of licensed premises, the Mine Safety Review Commission may impose civil monetary penalties against individuals not to exceed ten thousand dollars ($10,000); and (c) In the case of noncertified personnel, the Mine Safety Review Commission may impose civil monetary fines equivalent to the value of the wages they receive for up to ten (10) working days for first offenses and the commission shall establish maximum penalties for subsequent offenses; (2) Notwithstanding KRS 351.070(15), promulgate administrative regulations that establish comprehensive criteria for the Mine Safety Review Commission's imposition of penalties against licensed premises for violations of mine safety laws that place miners in imminent danger of serious injury or death. These penalties shall include but not be limited to the revocation or suspension of the mine's license, the probation of a mine's license, or the imposition of a penalty against the licensee not to exceed the gross value of the production of the licensed premise for up to ten (10) working days; (3) Direct that an employer shall not directly or indirectly reimburse a sanctioned miner or mine supervisor for days of work lost as a result of sanctions imposed by the Mine Safety Review Commission; (4) Establish procedures by which the department shall communicate with the Federal Mine Safety and Health Administration (MSHA) concerning allegations of mine safety violations against Kentucky coal operators and miners and for reports made to the division under KRS 351.193; (5) Jointly with the Mine Safety Review Commission establish a process for referring allegations of mine safety violations to the Mine Safety Review Commission for adjudication and for the hearing of appeals from penalties imposed by the division, and the underlying violation, authorized under KRS 351.070(15); and (6) Establish procedures to distribute quarterly reports to every licensed entity describing mine fatalities, serious mine accidents, and penalties imposed on certified and noncertified personnel and licensed premises and to require the report to be distributed to every certified working miner employed by the licensed entity, posted at work sites, and reviewed at regular mine safety meetings. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 8, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 94, sec. 1, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 185, sec. 7, effective July 12, 2006. -- Created 2001 Ky. Acts ch. 149, sec. 6, effective March 20, 2001.

KRS 351.030 Hearings before department -- Petition for intervention

351.030. Hearings before department -- Petition for intervention (1) All administrative hearings conducted by the department shall be conducted in accordance with KRS Chapter 13B and this section. Following the hearing, the department shall decide each matter in controversy. No person shall be discharged or otherwise discriminated against by his or her employer for testifying, or for his failure to testify, at these hearings. (2) The executor or administrator of a deceased miner's estate, or his or her designee, in the case of a fatality, miners that are injured as a result of an accident, and miners that are significantly affected by the conduct that gave rise to a disciplinary proceeding shall be granted the right of intervention in the penalty phase of that proceeding. The petition for intervention shall be made in accordance with KRS 13B.060(3). All hearings before the Mine Safety Review Commission shall be open proceedings. Any party with pertinent information regarding a mine accident may submit that information directly to the division's chief accident investigator. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 9, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 94, sec. 2, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 104, sec. 3, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 2, effective April 9, 1996; and ch. 318, sec. 330, effective July 15, 1996. -- Amended 1972 Ky. Acts ch. 298, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3766b-16. 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 351.040 Action to vacate order of department -- Appeal

351.040. Action to vacate order of department -- Appeal (1) Any party in interest dissatisfied with an order of the department may commence an equitable action against the department and other interested parties as defendants, to vacate or set aside, in whole or in part, any such order. The action shall be brought in the Circuit Court of the county where the subject matter involved in the order, or the well or workable coal bed or part thereof, is located. The court may grant relief from any unlawful or unreasonable order of the department, and render such judgment as appears to it to be equitable and just. (2) The pendency of the action shall not of itself suspend the operation of the order of the department, but during the pendency of the action any party may secure from the court an order suspending or staying the operation of the order of the department pending the action by giving to the other parties adequate security, approved by the court, against loss due to the delay in enforcement of the order, in case the order under review is not set aside, and the court may, without security being given, suspend the operation of the order, in whole or in part, on such terms as it deems just and in accordance with the practice of courts of equity; provided, however, that the operation of an order pertaining to safety in coal mines shall not be suspended temporarily pending final decision of the court. (3) Appeals may be taken to the Court of Appeals as in other cases. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 4, effective July 14, 2000. -- Amended 1952 Ky. Acts ch. 162, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3766b-17.

KRS 351.050 Repealed, 1972

351.050. Repealed, 1972 Catchline at repeal: Commissioner -- Appointment -- Term -- Oath. History: Repealed 1972 Ky. Acts ch. 298, sec. 19. -- Amended 1962 Ky. Acts ch. 106, Art. XV, sec. 1. -- Amended 1952 Ky. Acts ch. 162, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-3, 2739-5.

KRS 351.051 Repealed, 2005

351.051. Repealed, 2005 Catchline at repeal: Commissioner -- Appointment. History: Repealed Ky. Acts ch. 123, sec. 66. -- Created 1972 Ky. Acts ch. 298, sec. 3.

KRS 351.060 Qualifications of director of Division of Mine Safety

351.060. Qualifications of director of Division of Mine Safety (1) The director of the Division of Mine Safety shall be a citizen of Kentucky and shall be thoroughly familiar with all methods of safety pertaining to the operation of mines. (2) The director shall have a practical knowledge of: (a) The different systems of working and ventilating coal mines; (b) The nature, chemistry, and properties of noxious, poisonous, and explosive gases, the dangers due to these gases, and the prevention of these dangers; (c) The dangers incident to blasting and the prevention of these dangers; (d) The methods for the management and extinguishment of mine fires; (e) The methods for rescue and relief work in mine disasters; (f) The application of electricity in mining operations; (g) The application of mechanical loading in mining operations; (h) The equipment and explosives manufactured for use in coal mines; (i) The methods used in locating oil and gas wells when drilled through any coal seam; (j) The proper manner of drilling and plugging oil and gas wells; (k) Mining engineering; and (l) The methods for the prevention of explosions in mines due to gas or dust. (3) The director shall be capable of efficiently reporting on any proposed development in mining operations or the possibility of operating any coal or clay seam. (4) The director shall hold a mine inspector's or mine safety specialist's certificate. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 10, effective June 24, 2015. -- Amended 2005 Ky. Acts ch. 123, sec. 58, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 308, sec. 3, effective April 9, 1996. -- Amended 1976 Ky. Acts ch. 86, sec. 14. -- Amended 1974 Ky. Acts ch. 386, sec. 64. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-4. 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 351.070 Duties of the commissioner -- Division of Mine Safety -- Secretary may promulgate administrative regulations -- Family liaison -- Civil monetary penalties

351.070. Duties of the commissioner -- Division of Mine Safety -- Secretary may promulgate administrative regulations -- Family liaison -- Civil monetary penalties (1) The commissioner shall have full authority over the department and shall superintend and direct the activities of the mine safety specialists and other personnel of the department. There is created within the Department for Natural Resources a Division of Mine Safety. (2) The secretary shall appoint a director to the Division of Mine Safety in accordance with KRS 224.10-020(2) and prescribe his or her powers and duties. (3) The commissioner may, whenever necessary, divide the coal fields of the state into as many inspection regions as necessary, so as to equalize as nearly as practicable the work of each mine safety specialist, and may assign to the specialists their respective regions. (4) The commissioner may, whenever he or she deems it necessary in the interest of efficient supervision of the mines, temporarily employ the services of additional mine safety specialists or change specialists from one (1) region to another. (5) The commissioner shall superintend and direct the inspection of mines and cause to be investigated the character and quality of air in mines whenever conditions indicate the necessity of doing so. (6) The commissioner shall collect statistics relating to coal mining in the state and make an annual report of the statistics. (7) The commissioner shall see that maps, plans, projections, and proposed developments of all underground coal mines are made and filed in his office. (8) The commissioner shall keep a properly indexed, permanent record of all inspections made by himself and the personnel of the department. (9) The commissioner shall exercise general supervision over the training of officials and workmen in safety and first aid and mine rescue methods, and may conduct demonstrations in safety whenever he deems it advisable. (10) The commissioner shall exercise general supervision over the dissemination of information among officials and employees concerning mine ventilation, mining methods, and mine accidents and their prevention, and shall assume full charge in the event of mine fire or explosion or other serious accident at any mine in the state. (11) The commissioner may assist in the resumption of operations of any mine or gather data for the development of any coal seams that would be of any benefit to the state or create new employment. (12) The commissioner may prescribe reasonable safety standards governing the use of explosives, and electrical and mechanical equipment in the operation of open-pit or surface mines. (13) The secretary of the Energy and Environment Cabinet shall have the power and authority to promulgate, amend, or rescind any administrative regulations he or she deems necessary and suitable for the proper administration of this chapter. Administrative regulations may be promulgated, amended, or rescinded by the secretary only after public hearing or an opportunity to be heard thereon of which proper notice by publication pursuant to KRS Chapter 424, has been given. Administrative regulations so promulgated shall carry the full force and effect of law. (14) The commissioner shall ascertain the cause or causes of any coal mining fatality and any accidents involving serious physical injury and, within sixty (60) days of completion of the investigation, shall report his or her findings and recommendations to the Governor, the Mine Safety Review Commission, and the Legislative Research Commission. Accident interviews conducted by the division shall be closed proceedings. The recommendations may include without being limited to the need to promulgate or amend administrative regulations to prevent the recurrence of the conditions causing the fatality. Effective January 1, 2009, the division shall appoint an existing full-time employee to act as a family liaison. The family liaison shall have the responsibility during an accident investigation to keep the families of miners informed of the progress and findings of the accident investigation. The family liaison shall be trained in mining and in grief counseling. (15) The commissioner shall assess civil monetary penalties against licensed facilities for violations of laws in this chapter and KRS Chapter 352 pertaining to roof control plans, mine seal construction plans, unsafe working conditions, and mine ventilation plans that could lead to imminent danger or serious physical injury. The Energy and Environment Cabinet shall promulgate administrative regulations within ninety (90) days of July 12, 2006, providing for the manner and method of the assessment of the penalties and appeals therefrom. In no event shall the civil penalty assessed pursuant to this subsection for the violation exceed five thousand dollars ($5,000). Nothing contained in this subsection shall be construed to impair or contravene the authority granted under KRS 351.025(2) for imposing penalties against licensed facilities. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 30, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 11, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 24, sec. 1897, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 94, sec. 3, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 185, sec. 8, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 123, sec. 59, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 149, sec. 4, effective March 20, 2001. -- Amended 1996 Ky. Acts ch. 308, sec. 4, effective April 9, 1996. -- Amended 1994 Ky. Acts ch. 488, sec. 2, effective July 15, 1994. -- Amended 1972 Ky. Acts ch. 298, sec. 4. -- Amended 1966 Ky. Acts ch. 239, sec. 210. -- Amended 1952 Ky. Acts ch. 162, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-7. 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 351.073 Repealed, 1996

351.073. 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. 2, 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 351.075 Exceptions to mandatory mine safety standards

351.075. Exceptions to mandatory mine safety standards (1) Upon petition by the operator or the representative of miners, the commissioner may modify the application of any mandatory safety standard to a mine if the commissioner determines that an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard, or that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. Upon receipt of such petition, the commissioner shall give notice to the operator or the representative of miners in the affected mine, as appropriate, and shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of such operator or representative or other interested party, to enable the operator and the representative of miners in such mine or other interested party to present information relating to the modification of such standard. (2) The commissioner shall issue a decision incorporating his findings of fact therein, and shall send a copy thereof to the operator or the representative of the miners, as appropriate. Before granting any exception to a mandatory safety standard, the findings of the commissioner or his authorized representative shall be made available to the representative of the miners at the affected coal mine. History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 16.

KRS 351.080 Offices of mine inspectors

351.080. Offices of mine inspectors The offices of the mine inspectors shall be at such places within their respective districts as the commissioner designates, and each mine inspector shall be provided with a suitable office. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 325, sec. 18, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 298, sec. 5. -- Amended 1952 Ky. Acts ch. 162, sec. 5, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-6.

KRS 351.090 Mine safety specialists -- Appointment -- Qualifications -- Oath and bond - - Background check

351.090. Mine safety specialists -- Appointment -- Qualifications -- Oath and bond - - Background check (1) The Governor shall appoint an adequate number of mine safety specialists to ensure at least two (2) inspections annually at all surface mines, provided the mine is in operation the entire year or the proportionate thereof, of all mines in the Commonwealth and sufficient additional mine safety specialists to enable the commissioner to provide adequate monitoring of coal mines where conditions or management policy dictate that more inspections are needed to ensure the safety of miners. Underground mines shall be inspected at least six (6) times annually; except that the commissioner shall have the discretion to require up to three (3) of the six (6) required mine safety inspections to be mine safety analysis visits pursuant to KRS 351.242. At least one (1) inspection shall be a full electrical inspection. One (1) or more of the appointees shall be designated as electrical mine inspectors. The Governor shall also appoint an adequate number of mine safety specialists to perform safety analysis and safety instruction. The term of office of each mine safety specialist shall be during the period of capable, efficient service and good behavior. (2) All mine safety specialists shall have a thorough knowledge of first aid and mine rescue and be able to instruct in first aid and mine rescue and shall have a thorough and practical knowledge of mining gained by at least five (5) years' experience in coal mines in the Commonwealth. For the purposes of this subsection, a degree in mining engineering from a recognized institution shall be deemed equivalent to two (2) years of practical experience in coal mines or an associate degree in mining technology from a recognized institution shall be deemed equivalent to one (1) year practical experience in coal mines. A person desiring to use a mining engineering or technology degree for practical experience credit shall file proof of having received a degree prior to examination. (3) No person shall be appointed to the office of mine safety specialist unless he or she holds a current mine foreman's certificate. A person appointed as mine safety specialist shall pass an examination administered by the department. The commissioner may recommend to the Governor applicants for the positions of mine safety specialist who have successfully passed the examination and are proved by worth, training, and experience to be the most competent of the applicants. (4) Mine safety specialists shall be of good moral character and temperate habits and shall not, while holding office, act in any official capacity in operating any coal mine. (5) No reimbursement for traveling expenses shall be made except on an itemized accounting for the expenses submitted by mine safety specialists who shall verify upon oath that the expenses were incurred in the discharge of their official duties. (6) Each mine safety specialist shall take oath, which shall be certified by the officer administering it. The oath, in writing, and the certificate, shall be filed in the office of the Secretary of State. (7) Each mine inspector, mine safety analyst, electrical inspector, and mine safety instructor shall give bond with surety approved by the Governor. (8) Each mine safety specialist shall provide authorization to the division to perform a criminal background check by means of a fingerprint check by the Department of Kentucky State Police. The results of the state criminal background check shall be sent to the director of the division. Any fee charged by the Department of Kentucky State Police shall be an amount no greater than the actual cost of processing the request and conducting the search. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 9, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 72, sec. 1, effective June 29, 2017; and ch. 117 sec, 31, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 12, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 94, sec. 4, effective January 1, 2009. -- Amended 2006 Ky. Acts ch. 185, sec. 9, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 104, sec. 5, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 480, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 308, sec. 5, effective April 9, 1996. --Amended 1984 Ky. Acts ch. 323, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 370, sec. 3, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 301, sec. 2, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 298, sec. 6. -- Amended 1952 Ky. Acts ch. 162, sec. 6. -- Amended 1946 Ky. Acts ch. 120, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-14, 2739- 16. Legislative Research Commission Note (1/1/2009). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. 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 351.100 Repealed, 1976

351.100. Repealed, 1976 Catchline at repeal: Board of examiners for mine inspectors -- Use of license fees. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 30, effective December 22, 1976. -- Amended 1972 Ky. Acts ch. 298, sec. 7. -- Amended 1952 Ky. Acts ch. 162, sec. 7, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-44, 2739-45.

KRS 351.101 Declaration of legislative finding of fact

351.101. Declaration of legislative finding of fact The General Assembly hereby finds and declares the following: (1) The highest priority and concern of the Commonwealth must be the health and safety of the coal industry's most valuable resource, the miner. (2) The continued prosperity of the coal industry is of primary importance to the state. (3) A high priority must be given to increasing the productivity and competitiveness of the mines in this state. (4) An inordinate number of miners are killed or injured during the first few months of their experience in a mine and upon acquiring new work assignments in a mine. (5) These injuries result in the loss of life and serious injury to miners and are an impediment to the future growth of the state's coal industry. (6) Mining is a technical occupation with various specialties requiring individualized training and education. (7) Injuries can be reduced through proper miner training, education, and certification. (8) Mine safety can be improved by the imposition and enforcement of sanctions against licensed premises and certified and noncertified personnel whose willful and repeated violations of mine safety laws place miners in imminent danger of serious injury or death. (9) Abuse of illicit substances and alcohol in the mining industry represents a serious threat to the health and safety of all miners. Substance and alcohol abuse adversely affect the health and safety of miners. Mine safety can be significantly improved by establishing as a condition of certification that miners remain drug and alcohol free. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 241, sec. 9, effective July 12, 2006. -- Amended 2001 Ky. Acts ch. 149, sec. 1, effective March 20, 2001. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 1.

KRS 351.102 Certificate of competency and qualification or permit as trainee required -- Proof of drug- and alcohol-free status to be submitted -- Examinations -- Hearing -- Appeals

351.102. Certificate of competency and qualification or permit as trainee required -- Proof of drug- and alcohol-free status to be submitted -- Examinations -- Hearing -- Appeals (1) No person shall be assigned mining duties by a licensee as a laborer or supervisor unless the person holds a valid certificate of competency and qualification or a valid permit as trainee issued in accordance with this section. (2) The division shall require that all applicants for certified miner and initial applicants for other mining certifications pursuant to this chapter shall submit proof that he or she is drug and alcohol free. The proof shall be submitted in accordance with KRS 351.182 and 351.183. (3) A permit as trainee miner shall be issued by the commissioner to any person who has submitted proof that he or she is drug and alcohol free in accordance with KRS 351.182 and 351.183, and has completed a program of education of a minimum of forty (40) hours for underground mining or twenty-four (24) hours for surface mining comprised of sixteen (16) hours of classroom training and eight (8) hours of mine specifics or who has completed a certified mine technology program and has passed an examination approved by the commissioner. An additional eight (8) hours of mine-specific training shall be administered to the trainee miner by the licensee, which training shall be documented on a form approved by the commissioner. This education and training program shall be determined and established by the department, as provided in KRS 351.106. A requirement for a permit as a trainee miner shall be one (1) hour of classroom training dedicated to alcohol and substance abuse education. (4) Trainee miners shall work within the sight and sound of a certified miner. (5) Any miner holding a certificate of competency and qualification may have one (1) person working with him and under his direction as a trainee miner. Any person certified as a mine foreman or assistant mine foreman shall have no more than five (5) persons working under his supervision or direction as trainee miners for the purpose of learning and being instructed in the duties of underground coal mining. (6) A certificate of competency and qualification as a miner shall be issued by the commissioner to any person who has a minimum of forty-five (45) working days' experience within a thirty-six (36) month period as a trainee miner and demonstrated competence as a miner. Any trainee miner who exceeds six (6) months in obtaining the forty-five (45) working days of experience required in this section, shall submit proof of alcohol- and drug-free status in accordance with the provisions of KRS 351.182 and 351.183. (7) All examinations for the certification of a miner shall be of a practical nature and shall determine the competency and qualification of the applicant to engage in the mining of coal with reasonable safety to himself and his fellow employees. The examination may be given orally, upon approval by the commissioner, if the miner is unable to read or comprehend a written examination. (8) Examinations shall be held in any regional office during regular business hours. (9) If the commissioner or his authorized representative finds that an applicant is not qualified and competent, he shall notify the applicant as soon as possible, but in no case more than thirty (30) days after the date of examination. (10) Any applicant aggrieved by an action of the commissioner or his authorized representative in failing or refusing to issue a certificate of qualification and competency shall, within ten (10) days of notice of the action complained of, appeal to the commissioner who shall either affirm the action or issue the certificate to the applicant. (11) If the applicant is aggrieved by the action of the commissioner, he may appeal to the commission which shall hold a hearing on the matter in accordance with KRS Chapter 13B. (12) The applicant may appeal from the final order of the commission by filing in the Franklin Circuit Court a petition for appeal in accordance with KRS Chapter 13B. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 32, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 13, effective June 24, 2015. -- Amended 2006 Ky. Acts ch. 241, sec. 10, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 3, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 149, sec. 8, effective March 20, 2001. -- Amended 2000 Ky. Acts ch. 68, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 6, effective April 9, 1996; and ch. 318, sec. 331, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 114, sec. 100, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 301, sec. 3, effective June 17, 1978. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 2. 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 (7/15/96). This section was amended by 1996 Ky. Acts chs. 308 and 318. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 308, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (7/14/2000). The reference to KRS 351.105 in subsection (2) of this section has been changed to KRS 351.106 under KRS 7.136(1)(e). Treatment of the "education and training program" formerly contained in KRS 351.105 was transferred to KRS 351.106 by 1996 Ky. Acts ch. 308, secs. 7 and 8.

KRS 351.103 Eligibility of mining specialists to work as miners

351.103. Eligibility of mining specialists to work as miners (1) All persons possessing valid certificates as mine inspectors, electrical inspectors, mine safety instructors, assistant mine foreman, mine foreman, shotfirer, and other mining specialties as established by the department, or certified miner shall be eligible to work at any time as miners, provided they fulfill the annual requirements for retraining and reeducation as provided in KRS 351.106. (2) Supervisory, clerical, and technically trained employees of the mine operator whose work contributes only indirectly to mine operations shall not be required to possess a miner's certificate of competency and qualification. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 33, effective June 29, 2017. -- Amended 2006 Ky. Acts ch. 241, sec. 11, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 104, sec. 6, effective July 14, 2000. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 3.

KRS 351.104 Repealed, 1982

351.104. Repealed, 1982 Catchline at repeal: Certification of miners employed prior to date of training program establishment. History: Repealed 1982 Ky. Acts ch. 370, sec. 8, effective July 15, 1982. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 4.

KRS 351.105 Repealed, 2017

351.105. Repealed, 2017 Catchline at repeal: Mining Board -- Membership -- Hearings -- Administrative regulations. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 15, effective June 24, 2015. -- Amended 2001 Ky. Acts ch. 149, sec. 5, effective March 20, 2001. -- Amended 2000 Ky. Acts ch. 104, sec. 7, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 7, effective April 9, 1996. -- Amended 1980 Ky. Acts ch. 380, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 301, sec. 4, effective June 17, 1978. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 5.

KRS 351.106 Education and training program -- Alcohol and substance abuse training and education -- Retraining and reeducation requirements -- Administrative regulations -- Implementation of program for training and examination -- Records

351.106. Education and training program -- Alcohol and substance abuse training and education -- Retraining and reeducation requirements -- Administrative regulations -- Implementation of program for training and examination -- Records (1) The department shall establish criteria and standards for a program of education and training to be required of prospective miners, miners, and all certified persons. This education and training shall be provided in a manner determined by the commissioner to be adequate to meet the standards established by the department, which shall include as a minimum the requirements of KRS 351.102 and the requirements of the federal government for the training of miners for new work assignments, and at least sixteen (16) hours of annual retraining and reeducation for all certified persons, of which thirty (30) minutes annually shall be dedicated to alcohol and substance abuse education. Effective January 1, 2009, in addition, six (6) hours of annual training on changes in mine safety laws, safe retreat mining practices, disciplinary cases litigated before the Mine Safety Review Commission, changes in mine safety technology, and ways to improve safe working procedures shall be required for all mine foremen. This annual training for mine foremen shall be provided exclusively by the division. (2) One (1) hour of initial substance abuse training and education shall be required as part of the certified miner's first annual retraining conducted in a classroom that occurs after August 1, 2006. This requirement shall not apply to certified persons who received the one (1) hour initial substance abuse training and education as part of their forty (40) hour or twenty-four (24) hour new miner training. (3) In addition to the thirty (30) minutes of annual alcohol and substance abuse education required for certified miners, supervisory personnel shall be required to receive an additional thirty (30) minutes of alcohol and substance abuse awareness training annually. (4) Beginning with the first full calendar year after the effective date established by the department and during each calendar year thereafter, each certified miner shall receive at least sixteen (16) hours of retraining and reeducation. (5) Newly hired experienced miner training shall satisfy the miner's annual retraining requirement if a time lapse occurs between the miner's last training anniversary date and the next scheduled training anniversary date for the mine where he is newly employed, if the miner has complied with the annual retraining requirements within the last twelve (12) months from the date of his newly hired experienced miner training. (6) Retraining and reeducation sessions shall be conducted at times and in numbers to reasonably assure each certified miner an opportunity to attend. (7) The licensee shall pay all certified miners their regular wages and benefits while they receive training required by the department. (8) Willful failure of a working miner to complete annual retraining and reeducation requirements shall constitute grounds for revocation, suspension, or probation of his certificate. (9) If the department discovers a miner working without proper training or the licensee cannot provide proof of training, the miner shall be withdrawn immediately from the mine and the licensee shall pay the miner his regular wages until the training is administered and properly documented. (10) When employment is terminated, the licensee shall provide the employee a copy of his training records, upon request. If the employee does not request his training records immediately, the licensee shall, within fifteen (15) days, provide the employee with those training records. (11) The department may, upon its own motion or whenever requested to do so by the commissioner, deem applicable certificates issued by other states to be proof of training and education equal to the requirements of KRS 351.102 or deem training provided by appropriate federal agencies to be adequate to meet training and education requirements established by the department, if the training and education meet the minimum requirements of this chapter. (12) The secretary may promulgate administrative regulations necessary to establish a program to implement the provisions of this chapter according to the criteria and standards established by the department. This program shall include but not be limited to implementation of a program of instruction and the conduct of examinations to test each applicant's knowledge and understanding of the training and instruction. (13) The commissioner shall keep and maintain current records on all certified miners, all of which shall be maintained by computer for ready access. The commissioner shall not grant certification to any person that, at the time of application, had his or her miner certification, foreman certification, electrician certification, or any other mining specialty certification suspended or revoked by another state. If a person has his or her miner certification, foreman certification, electrician certification, or other mining specialty certification probated in another state, the commissioner may, at his or her discretion, grant the equivalent certification. However, that certification shall be placed on probation in Kentucky until the probationary period in the other state has expired. (14) The commissioner is authorized and directed to utilize state mine safety specialists, private and public institutions of education, and other qualified persons available to him in implementing the program of instruction and examination. (15) The commissioner is authorized and directed to utilize state and federal moneys and personnel that may be available to the department for educational and training purposes in the implementation of the provisions of this chapter. (16) All training and education required by this section may be conducted in classrooms, on the job, or in simulated mines. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 36, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 16, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 94, sec. 7, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 241, sec. 13, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 4, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 149, sec. 9, effective March 20, 2001. -- Amended 2000 Ky. Acts ch. 68, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 8, effective April 9, 1996. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 6. 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 351.107 Requirements for certification as shotfirer

351.107. Requirements for certification as shotfirer (1) A person desiring to obtain experience as a shotfirer may not charge or detonate explosives in an underground mine unless he or she is under the direction and within sight and sound of a certified shotfirer. No person shall charge or detonate explosives within an underground mine unless that person has successfully completed a training program and passed a test administered by the department. The test shall include at a minimum a determination of the person's ability to test for mine gases and to safely handle and detonate explosives in an underground coal mine. (2) The commissioner shall issue a shotfirer's certificate to the person upon successfully passing the test. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 8, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 9, effective April 9, 1996. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 7. 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 351.108 Superintendent to hold a mine foreman certificate

351.108. Superintendent to hold a mine foreman certificate Mine superintendents shall hold a mine foreman certificate issued by the commissioner. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 9, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 10, effective April 9, 1996. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 8. 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 351.109 Requirements for qualification and certification to perform electrical work -- Written tests

351.109. Requirements for qualification and certification to perform electrical work -- Written tests (1) An individual is a qualified and certified person, within the meaning of this chapter, to perform electrical work, other than work on energized surface, high voltage lines, if he has at least one (1) year of experience under direct supervision of a qualified electrician in performing electrical work underground in a coal mine, in the surface work areas of an underground coal mine, in a surface coal mine, in a noncoal mine, in the mine equipment manufacturing industry, or in any other industry using or manufacturing similar equipment, and he attains a satisfactory grade on each of the series of written tests administered by the department and required in subsection (2) of this section. (2) The series of written tests shall include, but not be limited to, the following subjects: (a) Direct current theory and application; (b) Alternating current theory and application; (c) Electric equipment and circuits; (d) Permissibility of electric equipment; (e) Requirements of both federal and state laws; and (f) Pertinent sections of the National Electrical Code. (3) A score of at least eighty (80) percent on each of the written tests shall be deemed to be a satisfactory grade. Recognition shall be given to practical experience in that one (1) percentage point shall be added to an individual's score in each test for each additional year of experience beyond the one (1) year minimum requirement specified in subsection (1) of this section; however, in no case shall an individual be given more than five (5) percentage points for such practical experience. (4) An individual may, within thirty (30) days from the date on which he received notification from the department of his test scores, repeat those sections on which he received an unsatisfactory score. If further retesting is necessary after this initial repetition, a minimum of thirty (30) days from the date of receipt of notification of the initial retest scores shall elapse prior to such further retesting, whereupon the entire series of written tests shall be retaken. (5) An individual qualified and certified in accordance with this section shall, in order to retain qualification and certification, satisfactorily complete annually a retraining program approved by the department. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 10, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 156, sec. 1, effective July 15, 1994. -- Amended 1980 Ky. Acts ch. 205, sec. 1, effective July 1, 1980. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 9.

KRS 351.110 Examination prerequisites -- Fees -- Moneys from licenses and examination fees for use of department

351.110. Examination prerequisites -- Fees -- Moneys from licenses and examination fees for use of department (1) The department shall not admit any applicant for certification as a mine inspector, mine safety analyst, electrical inspector, mine safety instructor, mine foreman, or assistant mine foreman to take an examination given by it unless the applicant has the experience required by this chapter, and has submitted proof that he or she is drug and alcohol free in accordance with KRS 351.182 and 351.183, and has presented to the examiner at the time of registration for the examination a United States postal money order or certified check in the amount of fifty dollars ($50). All money orders or certified checks required herein shall be made payable to the State Treasurer, Frankfort, Kentucky. (2) All money paid to the State Treasurer for licenses and fees required by this chapter shall be for the sole use of the department and shall be in addition to any moneys appropriated by the General Assembly for the use of the department. (3) The department may refuse to examine any applicant who cannot readily understand the written English language or cannot express himself intelligently in English, or who is obviously intoxicated. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 37, effective June 29, 2017. -- Amended 2006 Ky. Acts ch. 241, sec. 14, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 308, sec. 11, effective April 9, 1996. -- Amended 1986 Ky. Acts ch. 16, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 301, sec. 5, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 10. -- Amended 1972 Ky. Acts ch. 298, sec. 8-- Amended 1952 Ky. Acts ch. 162, sec. 8, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-45. 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 351.120 Issuance of certificates -- Form and content -- Classification -- Duty of applicant -- Drug- or alcohol-test-related suspension or revocation of certification or license -- Notification of options -- Reissuance after evaluation, treatment, and testing

351.120. Issuance of certificates -- Form and content -- Classification -- Duty of applicant -- Drug- or alcohol-test-related suspension or revocation of certification or license -- Notification of options -- Reissuance after evaluation, treatment, and testing (1) The commissioner shall issue a certificate to each person who possesses the qualifications required by law for mine inspector, electrical inspector, surface or underground mine safety instructor, surface mine safety analyst, assistant mine foreman, mine foreman, shotfirer, and other mining specialties as established by the department, or miner who has passed the examination given by direction of the department for that position, and who has met the requirements for drug- and alcohol-free status. (2) The certificate shall be in such form as the commissioner prescribes, shall be signed by the commissioner, and shall show that the holder has passed the required examination and possesses the qualifications required by law for mine inspector, electrical inspector, surface or underground mine safety instructor, surface mine safety analyst, assistant mine foreman, mine foreman, shotfirer, and other mining specialties as established by the department, or miner and is authorized to act as such. (3) Certificates issued to mine foremen and assistant mine foremen shall be classified as follows: (a) Mine foreman certificates, authorizing the holder to act as foreman for all classes of coal mines; and (b) Assistant mine foreman certificates, authorizing the holder to act as assistant foreman. (4) Any mine foreman or assistant mine foreman may act as a fire boss or mine examiner. This shall not apply to persons holding a second class mine foreman certificate issued before June 16, 1972. (5) The class of mine foreman's certificate awarded shall be determined by the department according to the experience of the applicant. (6) No certificate shall be granted to any person who does not present to the department satisfactory evidence, in the form of affidavits, that the applicant has had the required practical experience in underground or surface coal mines. A data sheet shall be filed by each applicant showing places of employment, beginning month and year and ending month and year employed by each company and list jobs performed, showing at least the number of required years. Affidavit and data sheet forms shall be furnished by the department. The applicant also shall submit proof that he or she is drug and alcohol free. The proof shall be submitted in accordance with KRS 351.182 and 351.183. For the purpose of this section, persons holding a four (4) year degree in mining engineering from a recognized institution shall be credited with the equivalent of two (2) years of practical experience in coal mines when applying for any mine foreman or assistant mine foreman certificate. Persons holding an associate degree in mining from a recognized institution shall be credited with the equivalent of two (2) years' experience when applying for a mine foreman certificate and one (1) year when applying for an assistant mine foreman certificate. Persons desiring to use their mining engineering or mining technology degree as credit for practical experience toward a mine foreman or assistant mine foreman certificate shall file proof of having received their degree prior to the examination. (7) Applicants for an underground mine foreman certificate shall have five (5) years' practical underground coal mining experience acquired after achieving the age of eighteen (18), with at least one (1) year of this experience acquired on an active working section of an underground mine. Applicants for an underground assistant mine foreman certificate shall have three (3) years' practical underground experience acquired after achieving the age of eighteen (18), with at least one (1) year of this experience acquired on an active working section of an underground mine. (8) Applicants for surface mine foremen certification shall have three (3) years' practical surface mine experience acquired after achieving the age of eighteen (18); for surface mine foreman certification with a specialty in coal extraction, at least one (1) year of the required practical experience shall have been acquired from direct involvement in the mining or extraction of coal at a surface mine. For a surface mine foreman certification with a specialty in postmining activities, at least one (1) year of the required experience shall have been acquired from direct involvement in the performance of such activities at a surface or underground mine, coal preparation plant, or other coal-handling facility. Notwithstanding any requirement in this subsection to the contrary, a person having three (3) years' of underground or surface mining experience shall qualify for a surface mine foreman certification with a specialty in postmining activities if the person has documented experience of at least one (1) year in the performance of these activities. Persons holding a surface mine foreman certificate prior to July 15, 1998, are not affected by this section. (9) Persons possessing certificates of qualifications to act as mine inspector, mine foreman, assistant mine foreman, or fire boss prior to July 15, 1982, are not affected by this section. (10) When approved by the commissioner, a person who has successfully completed any mine foreman or assistant mine foreman examination and submitted proof that he or she is drug and alcohol free in accordance with KRS 351.182 and 351.183 may be granted a temporary certification that is valid only until the department acts upon his or her certification at its next regularly scheduled meeting. (11) A member of the supervisory personnel shall be present at the working section except in cases of emergencies at all times employees under his supervision are at the working section on coal-producing shifts. (12) The commissioner immediately shall suspend any certification for violation of drug- and alcohol-free status or for failure or refusal to submit to a drug and alcohol test authorized by KRS 351.182, 351.183, 351.184, 351.185, and 352.180. The commissioner shall, by certified mail, notify the holder of the certification of his or her suspension and of the following: (a) The right to pursue one (1) of the following options: 1. Appeal the suspension to the Mine Safety Review Commission within thirty (30) days of the notification; or 2. Notify the commissioner of the Department for Natural Resources or the director of the Division of Mine Safety within thirty (30) days of the notification that the holder intends to be evaluated by a medical professional trained in substance treatment, to complete any prescribed treatment, and to submit an acceptable result from a drug and alcohol test as required by KRS 351.182; (b) Failure to file an appeal or failure to notify the commissioner of the Department for Natural Resources or the director of the Division of Mine Safety of the holder's intent to comply with paragraph (a)2. of this subsection within thirty (30) days of the notification shall result in the revocation of all licenses and certifications issued by the Division of Mine Safety for a period of not less than three (3) years, and the holder shall remain ineligible for any other certification issued by the Division of Mine Safety during the revocation period. Certifications and licenses revoked under this paragraph may be reissued by: 1. Compliance with all training and testing requirements; 2. Satisfying the requirements of KRS 351.182 and 351.183; and 3. Compliance with all orders of the Mine Safety Review Commission; and (c) The completion of the evaluation, treatment, and submission of an acceptable drug test pursuant to paragraph (a)2. of this subsection or the revocation described under paragraph (b) of this subsection shall be considered a first offense. (13) The licenses and certifications of a miner who notifies the commissioner of the Department for Natural Resources or the director of the Division of Mine Safety of his or her intent to comply with subsection (12)(a)2. of this section shall remain suspended until the miner has provided proof of the evaluation and successful completion of any prescribed treatment and has submitted a negative drug and alcohol test as required by KRS 351.182 to the division. The drug and alcohol test shall be taken no more than thirty (30) days prior to the submission of the proof required by this section. Upon receipt and review of the proof by the division, the miner's licenses and certifications shall be restored. In the event that the miner fails to successfully complete the evaluation, treatment, and drug test within one hundred twenty (120) days of his or her notification pursuant to subsection (12)(a)2. of this section, the miner's licenses and certifications issued by the division shall be revoked for a period prescribed under KRS 351.990(8). The one hundred twenty (120) day time period set out in this section shall be extended upon proof that the miner is complying with the recommendations of the medical professional. (14) If the suspension described in subsection (12) of this section occurs following the miner's first offense as described in this section or KRS 351.184, the notification sent to the miner shall not include the option of notifying the division of the miner's intent to seek an evaluation and treatment. The miner shall only have the right to appeal the suspension to the Mine Safety Review Commission within thirty (30) days of notification. If the miner fails to appeal the suspension, the penalty shall be assessed according to KRS 351.990(8)(b) or (c). Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 38, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 17, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 89, sec. 2, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 241, sec. 15, effective July 12, 2006.. -- Amended 2000 Ky. Acts ch. 104, sec. 11, effective July 14, 2000 -- Amended 1998 Ky. Acts ch. 481, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 308, sec. 12, effective April 9, 1996. -- Amended 1982 Ky. Acts ch. 370, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) ch. 8, secs. 1-6 and 8-10. -- Amended 1976 Ky. Acts ch. 174, sec. 2. -- Amended 1974 Ky. Acts ch. 386, sec. 65. -- Amended 1972 Ky. Acts ch. 298, sec. 9. -- Amended 1952 Ky. Acts ch. 162, sec. 9, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2737-1, 2739-38, 2739-44, 2739-45. 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 351.122 Reciprocity for miners certified in other states -- Requirements -- Reciprocal disciplinary action

351.122. Reciprocity for miners certified in other states -- Requirements -- Reciprocal disciplinary action (1) In lieu of an examination prescribed by law or regulation, the department may enter into a reciprocal agreement with another state regarding the certification of miners. The department may, pursuant to a reciprocal agreement, issue to any person holding a certificate issued by another state a certificate permitting him or her to perform similar tasks in the Commonwealth if: (a) The department finds that the requirements for certification in the other state are substantially equivalent to those of Kentucky; (b) The person passes only the applicable part of the examination with regard to Kentucky law which is uniquely different from the other state; (c) The person has submitted proof, in accordance with KRS 351.182, that he or she is drug and alcohol free; (d) The person's retraining is sufficient to meet Kentucky requirements; and (e) The person's certification in Kentucky or in any other state has not been suspended, revoked, or probated. (2) Upon receipt of notice from a reciprocal state of a disciplinary action relating to any of the certifications or licenses issued to a miner who also holds corresponding licenses or certifications issued by the Division of Mine Safety, the commissioner shall impose analogous sanctions against the miner's Kentucky licenses or certifications. These sanctions shall terminate upon proof of compliance with the orders from the reciprocal state. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 39, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 18, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 89, sec. 3, effective July 12, 2012. -- Created 2007 Ky. Acts ch. 41, sec. 1, effective June 26, 2007.

KRS 351.125 First-aid training

351.125. First-aid training The department shall provide first-aid training incorporating all training required by the state's approved program for emergency medical technicians or the department's mine emergency technician program which is applicable to mines. Each candidate for certification as a mine foreman shall complete the department's first-aid course of instruction and shall pass an examination on the course as a prerequisite for certification. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 40, effective June 29, 2017. -- Amended 1998 Ky. Acts ch. 480, sec. 2, effective July 15, 1998. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 14.

KRS 351.127 Employment of certified emergency medical technicians or mine emergency technicians required at coal mine

351.127. Employment of certified emergency medical technicians or mine emergency technicians required at coal mine (1) Certified emergency medical technicians or mine emergency technicians shall be employed at every licensed coal mine whose employees are actively engaged in the extraction, production, or preparation of coal. Persons employed as mine emergency technicians shall be trained in a manner established in an administrative regulation promulgated by the department. Persons seeking certification as a mine emergency medical technician or mine emergency technician shall be subject to the following additional requirements: (a) All persons seeking certification as a mine emergency technician shall demonstrate drug- and alcohol-free status in accordance with KRS 351.182 and 351.183; (b) The drug and alcohol testing for those seeking certification as mine emergency technicians shall be administered prior to the examination for the certification, in accordance with KRS 351.182 and 351.183; and (c) Certification as a mine emergency technician shall not be issued until the results of the drug and alcohol testing have been obtained. Notification shall be given to the person in accordance with KRS 351.184. (2) These emergency medical technicians or mine emergency technicians shall be employed in the following manner: (a) Except as otherwise provided in paragraph (b) of this subsection, for every shift engaged in the production of coal at a surface or underground coal mining operation, there shall be: 1. One (1) emergency medical or mine emergency technician employed on every shift with ten (10) or fewer miners employed on the shift; and 2. Two (2) emergency medical or mine emergency technicians employed on every shift with more than ten (10) but fewer than fifty-one (51) miners employed on the shift; and (b) For underground mines only, on every shift with more than fifty (50) miners working on the shift, there shall be one (1) additional emergency medical technician or mine emergency technician for each additional fifty (50) miners, or any portion thereof, engaged in the extraction, production, or preparation of coal, and at least one (1) emergency medical or mine emergency technician shall be underground at all times while miners are working in the mines regardless of how many miners are working on the shift. (3) If these emergency medical technicians or mine emergency technicians are also employed in other capacities at the coal mine, they shall be available for quick response to emergencies and shall have available to them at all times the equipment necessary to respond to emergencies, as prescribed by the commissioner. (4) If the licensee selects existing employees to be trained as emergency medical technicians or mine emergency technicians, the employees selected shall be paid their regular wages during training. (5) Certified emergency medical technicians and mine emergency technicians shall receive annual retraining in the manner established in an administrative regulation promulgated by the department, during which they shall receive their regular wages. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 80, sec. 2, effective June 27, 2025. -- Amended 2007 Ky. Acts ch. 94, sec. 8, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 241, sec. 16, effective July 12, 2006. -- Amended 2002 Ky. Acts c h. 355, sec. 5, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 308, sec. 13, effective April 9, 1996. -- Amended 1994 Ky. Acts ch. 259, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 145, sec. 1, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 148, sec. 1, effective July 13, 1984; and ch. 237, sec. 1, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 369, sec. 1, effective July 15, 1982. 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 351.128 Repealed, 2000

351.128. Repealed, 2000 Catchline at repeal: Underground mine employing 2 to 25 persons required to employ person with first-aid training. History: Repealed 2000 Ky. Acts ch. 104, sec. 31, effective July 14, 2000. -- Created 1984 Ky. Acts ch. 237, sec. 2, effective July 13, 1984.

KRS 351.129 Repealed, 1994

351.129. Repealed, 1994 Catchline at repeal: First-aid instruction for surface coal miners -- Certification -- Annual retraining. History: Repealed 1994 Ky. Acts ch. 161, sec. 3, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 409, sec. 1, effective July 15, 1988.

KRS 351.130 Duplicate certificates

351.130. Duplicate certificates If any person loses his certificate or it is destroyed which was earned under KRS 351.120, he shall apply to the commissioner for a duplicate certificate, including with his application an affidavit stating in full how the certificate was destroyed or misplaced. If the commissioner deems it proper he shall furnish the applicant with a duplicate certificate. Any person applying for a duplicate certificate shall pay a fee of five dollars ($5) to the State Treasurer. History: Amended 1972 Ky. Acts ch. 298, sec. 10. -- Amended 1952 Ky. Acts ch. 162, sec. 10, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-45.

KRS 351.140 Duties and authority of mine inspectors -- Frequency of underground and surface mine inspections

351.140. Duties and authority of mine inspectors -- Frequency of underground and surface mine inspections Each mine inspector shall give his entire time and attention to the duties of his office, which shall consist of the following: (1) Inspecting mines and aiding, under the direction of the commissioner, in carrying out and enforcing the provisions of the law relating to the inspection of mines; (2) Training officials and workmen in and about the mines in first aid and mine rescue methods; (3) Advising officials and workmen in methods pertaining to safety in all its phases and in methods pertaining to the prevention of mine fires and explosions; (4) Taking charge of mine rescue and recovery work whenever a mine fire, mine explosion or other serious accident occurs within his district, and the commissioner is not present, and assisting in such work in other districts when so directed by the commissioner; (5) Reopening mines or portions of mines that have been sealed on account of fire or any other cause, when directed by the commissioner to do so; (6) Inspecting each underground and surface mine in accordance with KRS 351.090(1); (7) It shall be permissible for a mine inspector to inspect any coal preparation plant or surface facility of any mining operation of coal including any overland coal belts; and (8) A mine inspector shall have the express authority to enter upon the premises of and inspect any coal mine, including any overland coal belts, at any reasonable time. Effective: June 29, 2017 History: Amended 2017 Ky. Acts ch. 72, sec. 2, effective June 29, 2017. -- Amended 2007 Ky. Acts ch. 94, sec. 9, effective January 1, 2009. -- Amended 2006 Ky. Acts ch. 185, sec. 10, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 308, sec. 14, effective April 9, 1996. -- Amended 1986 Ky. Acts ch. 3, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 301, sec. 7, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 18. -- Amended 1976 Ky. Acts ch. 174, sec. 3. -- Amended 1972 Ky. Acts ch. 298, sec. 11. -- Amended 1952 Ky. Acts ch. 162, sec. 11, effective March 5, 1952. -- Amended 1946 Ky. Acts ch. 120, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-17, 2739-18. 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 351.150 Reports of mine inspectors

351.150. Reports of mine inspectors (1) Each mine inspector shall each week report in writing to the commissioner of the department the number and condition of all mines inspected by him during the week. (2) Each mine inspector shall each week deliver to the commissioner of the department a written report showing the condition of each mine inspected by him and, at the same time, shall deliver a copy of such report to the operator or the superintendent of each mine inspected and another copy thereof to the mine committee at such mine so inspected if requested and at the same time each mine inspector shall post a copy of such inspection report on a bulletin board at a prominent place of the operating company or mine where it may conveniently be read by any of the mine employees. (3) Each mine inspector shall, within fifteen (15) days after the close of each calendar year, file with the commissioner a report of his proceedings during the calendar year, and give such information concerning the mines and mining conditions in his district as is appropriate and required by the commissioner. History: Amended 1972 Ky. Acts ch. 298, sec. 12. -- Amended 1946 Ky. Acts ch. 120, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-18.

KRS 351.160 Annual report of commissioner -- Record and index of inspections and reports -- Certified copies

351.160. Annual report of commissioner -- Record and index of inspections and reports -- Certified copies (1) The commissioner of the department shall annually make a report to the Governor and the Legislative Research Commission of his proceedings during the preceding calendar year. The annual report shall be prepared and printed as soon as possible after the close of the calendar year. The annual report shall cover the complete operation of the mines in this Commonwealth during the preceding calendar year, enumerating all accidents occurring in or about any such mines during that year, and giving such other information as the commissioner deems useful, and making such suggestions as he deems important as to further legislation on the subject of mining. (2) The commissioner shall keep and index a permanent record of all inspections made by himself and of all reports relating to inspection of mines furnished to him by mine inspectors. All such records of the department shall be public records and shall, at all times, be open to the inspection of the public, and shall be laid before the Governor or the Legislative Research Commission upon their request at any time. (3) The department shall furnish certified copies of any such records, when requested to do so, upon payment of such fee as is generally charged by courts of record for certified copies. Such fee shall be paid into the Treasury of the state. Effective: March 20, 2001 History: Amended 2001 Ky. Acts ch. 149, sec. 10, effective March 20, 2001. -- Amended 2000 Ky. Acts ch. 104, sec. 13, effective July 14, 2000. -- Amended 1972 Ky. Acts ch. 298, sec. 13. -- Amended 1946 Ky. Acts ch. 120, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739- 10, 2739-11.

KRS 351.170 Reports of licensee -- Alcohol and substance abuse reports

351.170. Reports of licensee -- Alcohol and substance abuse reports (1) All reports of any facility licensed pursuant to this chapter shall be made to the director. The licensee of each commercial coal mine shall give at the end of each calendar year accurate information, on blank forms furnished by the commissioner, as to the number of accidents that have occurred, the number of persons employed, the tons of coal mined, and any other related information that the commissioner requests. (2) The operator or superintendent of each licensed facility shall report, by the close of the next business day, any certified persons who: (a) Have been discharged for violation of a company's substance or alcohol abuse policies; (b) Refused to submit to a test required by the company's substance or alcohol abuse policies or KRS 351.182, 351.183, 351.184, 351.185, and 352.180; or (c) Tested positive and failed to complete an employee assistance program. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 19, effective June 24, 2015. -- Amended 2006 Ky. Acts ch. 241, sec. 18, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 104, sec. 14, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308, sec. 15, effective April 9, 1996. -- Amended 1994 Ky. Acts ch. 150, sec. 1, effective July 15, 1994. -- Amended 1972 Ky. Acts ch. 298, sec. 14. -- Amended 1952 Ky. Acts ch. 162, sec. 12, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-12, 2739-13. 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 351.173 Notice of possibility of subsidence -- Language required in deed of conveyance

351.173. Notice of possibility of subsidence -- Language required in deed of conveyance (1) Any person may file a notice in the alphabetical cross-index in the county clerk's office in the county where underground coal mining has occurred stating that the mineral has been extracted and that the surface overlying or adjacent to the underground workings may be subject to subsidence. The notice shall be indexed under the name of the current surface owner or lessee of record whose land overlies the underground workings, as well as that of the mineral owner and lessee, and shall be noted on the deed of conveyance in each future conveyance of both the surface and mineral estate. The language in the deed of conveyance shall state the following: "THE COAL UNDERLYING THIS PROPERTY HAS BEEN EXTRACTED AND THE SURFACE OVERLYING OR ADJACENT TO THE UNDERGROUND WORKINGS MAY BE SUBJECT TO SUBSIDENCE. ANY STRUCTURES ERECTED HEREAFTER SHOULD BE DESIGNED AND CONSTRUCTED SO AS TO PREVENT OR MINIMIZE ANY SUBSIDENCE DAMAGE." (2) The failure to include the required language in the deed shall not affect the validity of the deed as between the parties or constructive notice upon the recording of the deed. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 419, sec. 1, effective July 15, 1988.

KRS 351.175 Provisions concerning license to operate mine -- Submissions required for license -- Revocation of license

351.175. Provisions concerning license to operate mine -- Submissions required for license -- Revocation of license (1) The operation of a coal mine in Kentucky is a privilege granted by the Commonwealth of Kentucky to a licensee who satisfies the requirements of this section and demonstrates that the mine is or will be operated in a safe manner and in accordance with the laws of this Commonwealth. (2) Within forty-five (45) days after January 1, 1953, and of each year thereafter, the owner, operator, lessee, or licensee of each mine shall procure from the department a license to operate the mine, and the license shall not be transferable. Any owner, operator, lessee, or licensee who assumes control of a mine, opens a new mine, or reopens an abandoned mine during any calendar year shall procure a license before mining operations are begun. (3) The license shall be in printed form as the commissioner may prescribe and when issued shall be kept posted at a conspicuous place near the main entrance of the mine. (4) Requests for a license shall be made to the department and shall be accompanied by a United States postal money order or cashier's check drawn in favor of the State Treasurer in an amount established by administrative regulations of a minimum of one hundred dollars ($100) and a maximum of fifteen hundred dollars ($1,500). The license shall be issued when the following are properly submitted to the commissioner: (a) The annual report of the licensee and the annual mine map required in KRS 351.170 and 352.450; (b) A certification from the commissioner of the Department of Workers' Claims that the licensee has provided positive proof of compliance with the provisions of KRS Chapter 342; (c) A certification from the commissioner of the Department of Revenue that the licensee is not a "delinquent taxpayer" as defined in KRS Chapter 131; (d) Mine seal construction plan filed with the state and approved by MSHA; (e) Roof control plan filed with the state and approved by MSHA; (f) The ventilation plan required in KRS 352.020; and (g) An approved emergency action plan required by KRS 352.640. (5) The department shall immediately revoke any license if the department receives: (a) Withdrawal of the certification of compliance with KRS Chapter 342 issued by the commissioner of the Department of Workers' Claims; or (b) Notice from the commissioner of the Department of Revenue that the licensee is a "delinquent taxpayer" as defined in KRS Chapter 131. (6) The commissioner, the director of the Division of Mine Safety, or the mine safety specialist shall have the authority to stop production or close any mine whose operator fails to procure a license or fails to furnish a certification of workers' compensation coverage as required under this section. (7) The department shall be authorized to seek injunctive relief for any violation of this section. Revocation of a license by the department shall be an administrative function of the department. Appeals from revocation by the department shall be brought in Franklin Circuit Court. (8) A license which has been revoked under the "delinquent taxpayer" provision shall not be reissued until a written tax clearance has been received from the commissioner of revenue. (9) No mine underlying a cemetery shall be licensed by the commissioner unless two- thirds (2/3) of the governing body of that cemetery vote in approval of the operation. The application for a license shall contain an affidavit setting forth the approval of the cemetery's governing body. This subsection applies only to those cemeteries with governing bodies. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 20, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 24, sec. 1900, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 94, sec. 10, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 185, sec. 11, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 85, sec. 685, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 308, sec. 16, effective April 9, 1996. -- Amended 1992 Ky. Acts ch. 271, sec. 2, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 415, sec. 1, effective July 15, 1988. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 60, effective January 4, 1988. -- Amended 1984 Ky. Acts ch. 214, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 188, sec. 277, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 233, sec. 36, effective June 17, 1978; and ch. 301, sec. 8, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 171, sec. 1; and ch. 220, sec. 1. -- Amended 1974 Ky. Acts ch. 258, sec. 2. -- Amended 1972 Ky. Acts ch. 298, sec. 15. -- Amended 1970 Ky. Acts ch. 79, sec. 1. - - Created 1952 Ky. Acts ch. 162, sec. 14, effective March 5, 1952. 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 351.177 Repealed, 1996

351.177. Repealed, 1996 Catchline at repeal: Special task force to investigate illegal mining -- Prosecution of violators -- "Illegal mining fund" established. History: Repealed 1996 Ky. Acts ch. 308, sec. 50, effective April 9, 1996. -- Amended 1984 Ky. Acts ch. 225, sec. 1, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 371, sec. 1, effective July 15, 1982. 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 351.180 Repealed, 1996

351.180. Repealed, 1996 Catchline at repeal: Inspection of mine scales -- Fee. History: Repealed 1996 Ky. Acts ch. 308, sec. 50, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 298, sec. 16. -- Amended 1952 Ky. Acts ch. 162, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-46, 2739-46a. 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 351.182 Drug-and alcohol-free status required for miner certification -- Proof -- Costs of testing -- Breath alcohol device at examination site -- Ten-panel urine test

351.182. Drug-and alcohol-free status required for miner certification -- Proof -- Costs of testing -- Breath alcohol device at examination site -- Ten-panel urine test (1) All applicants for certification as new miners and all initial applicants for all other certifications provided for in this chapter shall provide proof of drug- and alcohol- free status prior to certification in accordance with the provisions of this section. (2) Proof of drug- and alcohol-free status shall be provided in one (1) of two (2) methods: (a) By participation in a drug and alcohol testing program offered by the division and paid for by the applicant, in accordance with this section and KRS 351.183; or (b) By the submission of drug and alcohol test results from other sources, as provided in KRS 351.183(2). (3) If a newly certified miner gains employment in the coal industry, the initial employer shall reimburse the certified miner for the cost of one (1) drug and alcohol test required by this section and KRS 351.183, 351.184, and 351.185. (4) If the applicant is currently certified in any category other than that for which he is applying by the division and the applicant is currently employed in the coal industry, the applicant's employer shall reimburse the applicant for the cost of one (1) drug and alcohol test required by this section and KRS 351.183, 351.184, and 351.185. (5) The fee charged to an applicant for the drug and alcohol tests offered by the division shall not exceed the actual cost of collection, analysis, and medical review officer (MRO) review. (6) The division shall provide, at each site of examinations for the certifications provided for in Chapter 351, a breath alcohol testing device and a person certified in the operation of the breath alcohol testing device. The breath alcohol test shall be administered prior to examination to determine the applicant's alcohol-free status. The division may satisfy the requirement to furnish an alcohol testing device and certified personnel by: (a) The use of equipment and appropriately certified personnel of the division; (b) A memorandum of agreement with state or local police agencies for the provision of equipment and appropriately trained personnel at the examination site; or (c) Inclusion of breath alcohol testing as part of the contract to provide drug testing and collection services set out in KRS 351.183(1). (7) A breath alcohol concentration of .04 shall be the maximum acceptable level of concentration for participation in the examination and subsequent certification. (8) Except for an alternative testing protocol provided for post-accident victims under KRS 352.180(6) to (8), the minimum testing protocol acceptable for the establishment of drug-free status for certification under KRS Chapter 351 shall be at least a ten (10) panel urine test that shall include testing for the following substances: (a) Amphetamines; (b) Cannabanoids/THC; (c) Cocaine; (d) Opiates; (e) Phencyclidine (PCP); (f) Benzodiazepines; (g) Propoxyphene; (h) Buprenorphine; (i) Methadone; (j) Barbiturates; and (k) The remaining panels to be used in the urine test shall be set by order of the Mine Safety Review Commission no later than June 1 of each year. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 10, effective July 14, 2018. -- Amended 2015 Ky. Acts ch. 87, sec. 21, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 89, sec. 4, effective July 12, 2012. -- Created 2006 Ky. Acts ch. 241, sec. 2, effective July 12, 2006. Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 241, sec. 2, subsec. (7), provides: "A breath alcohol concentration of four tenths of a percent (.04) shall be the maximum acceptable level of concentration for participation in the examination and subsequent certification." The words "four tenths of a percent" and the parentheses around ".04" were removed during codification to correct a manifest clerical error that occurred in the drafting process. Materials in the bill folder for House Bill 572 (which became 2006 Ky. Acts ch. 241) show that the bill was drafted to be an exact copy of a bill requested and later introduced as Senate Bill 201, the initial proposed draft of which provided: "A breath alcohol concentration of .04 shall be the maximum acceptable level of concentration for participation in the examination(s) and subsequent certification(s)." Materials in the bill folder for Senate Bill 201 indicate that the erroneous phrase was inserted during the drafting process to conform with the rules for cardinal numbers set forth in the Bill Drafting Manual of the Kentucky General Assembly. The Reviser of Statutes has made this correction under the authority of KRS 7.136(1).

KRS 351.183 Contracts for specimen collection and laboratory testing services -- Standards, procedures, and protocol -- Criteria for proof from other sources -- Annual publication of certified collection and testing providers

351.183. Contracts for specimen collection and laboratory testing services -- Standards, procedures, and protocol -- Criteria for proof from other sources -- Annual publication of certified collection and testing providers (1) The division may contract with qualified companies to provide the collection of samples and administer the required drug and alcohol tests. The contract may provide that the collection of samples or testing be subcontracted, except that the contract shall require: (a) The contractor and any subcontractors to follow all standards, procedures, and protocols set forth by the United States Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA) for the collection and testing required by KRS 351.182 and this section; (b) The contractor's or subcontractor's drug-testing protocol shall be a ten (10) panel test described in KRS 351.182(8) and any other test required by order of the Mine Safety Review Commission; and (c) The contractor or the subcontractor shall provide a medical review officer (MRO) who shall: 1. Possess the ability and medical training necessary to verify positive confirmed test results and evaluate those results in relation to an applicant's medical history or other biomedical information; and 2. Follow all procedures outlined in the SAMHSA Medical Review Officer Manual. (2) The director of the Division of Mine Safety may accept proof of drug- and alcohol- free status from other sources whose tests conform to the requirements set forth in KRS 351.182(7) and (8) and in accordance with KRS 351.182(2)(b) under the following conditions: (a) An applicant shall submit a request for acceptance of his or her drug-and alcohol-free status to the director accompanied by pass/fail results of a drug and alcohol test taken within thirty (30) days prior to the request; and (b) The test results shall have been performed by laboratories certified in accordance with the National Laboratory Certification Program (NLCP) by the United States Department of Health and Human Services Administration's SAMHSA and in accordance with subsection (1) of this section. (3) The division shall maintain and publish annually a list of certified specimen collection services and testing laboratories from which it will accept data. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 22, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 89, sec. 5, effective July 12, 2012. -- Created 2006 Ky. Acts ch. 241, sec. 3, effective July 12, 2006. Legislative Research Commission Note (6/24/2015). In codifying subsection (2)(a) of this statute, the Reviser of Statutes has changed the term "executive director" to "director." This substitution is consistent with amendments adopted in 2015 Ky. Acts ch. 87 reorganizing the Department for Natural Resources. The Reviser has made this change under the authority of KRS 7.136(2).

KRS 351.184 Division to notify applicant of test results when granting or denying certification -- Notification of options -- Issuance after evaluation, treatment, and testing -- Right of appeal

351.184. Division to notify applicant of test results when granting or denying certification -- Notification of options -- Issuance after evaluation, treatment, and testing -- Right of appeal (1) The results of any testing performed by the division shall be given to the applicant at the time of his or her notification of the granting or denial of certification. (2) Certification of an applicant shall be denied if any one (1) or more of the following occur: (a) The applicant's positive drug test results for any of the substances either listed in KRS 351.182(8) or otherwise required to be tested for by order of the Mine Safety Review Commission are deemed to fail by a medical review officer; (b) The applicant's blood alcohol level is above .04 concentration at the time of testing; (c) The applicant's test results demonstrate the submission of an adulterated specimen; or (d) The applicant refuses to submit to a drug or alcohol test as required by KRS 351.182. (3) (a) Any applicant who is denied certification due to the results of the drug and alcohol testing required by KRS 351.182 may: 1. Appeal to the Mine Safety Review Commission within thirty (30) days of receiving the notification required under KRS 351.120(12); or 2. Notify the commissioner of the Department for Natural Resources or the director of the division within thirty (30) of receiving the notification required under KRS 351.120(12) that the applicant intends to be evaluated by a medical professional trained in substance abuse treatment, to complete any prescribed treatment, and to submit an acceptable result from a drug and alcohol test as required by KRS 351.182. (b) Failure to file an appeal or failure to notify the commissioner of the Department for Natural Resources or the director of the division of his or her intent to comply with paragraph (a)2. of this subsection within thirty (30) days of the notification shall result in the revocation of all licenses and certifications issued by the division for a period of not less than three (3) years, and the holder shall remain ineligible for any other certification issued by the division during the revocation period. Certifications and licenses revoked under this paragraph may be reissued by: 1. Compliance with all training and testing requirements; 2. Satisfying the requirements of KRS 351.182 and 351.183; and 3. Compliance with all orders of the Mine Safety Review Commission. (c) For the purposes of this subsection, the completion of evaluation, treatment, and submission of an acceptable drug test pursuant to paragraph (a)2. of this subsection or the revocation described under paragraph (b) of this subsection shall be considered a first offense. (4) The licenses and certifications of a miner who notifies the commissioner of the Department for Natural Resources or the director of the division of his or her intent to comply with subsection (3)(a)2. of this section shall remain suspended until the miner has provided proof of the evaluation and successful completion of any prescribed treatment and has submitted a negative drug and alcohol test as required by KRS 351.182 to the division. The drug and alcohol test shall be taken no more than thirty (30) days prior to the submission of the proof required by this section. Upon receipt and review of the proof by the division, the miner's licenses and certifications shall be restored. In the event that the miner fails to successfully complete the evaluation, treatment, and drug test within one hundred twenty (120) days of the notification required under KRS 351.120(12), the miner's licenses and certifications issued by the division shall be revoked for a period prescribed under KRS 351.990(8). The one hundred twenty (120) day time period set out in this section shall be extended upon proof that the miner is complying with the recommendations of the medical professional. (5) If the denial described in subsection (3) of this section occurs following the miner's first offense as described in this section or KRS 351.120, the miner shall not have the option of notifying the division of his or her intent to comply with subsection (3)(a)2. of this section. The miner shall only have the right to appeal the denial to the Mine Safety Review Commission within thirty (30) days of notification. If the miner fails to appeal the denial, the penalty shall be assessed according to KRS 351.990(8)(b) or (c). Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 23, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 89, sec. 6, effective July 12, 2012. -- Created 2006 Ky. Acts ch. 241, sec. 4, effective July 12, 2006. Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 241, sec. 4, subsec. (2)(b), provides that certification shall be denied if "[t]he applicant's blood alcohol level is above four tenths of one percent (.04) concentration at the time of testing." The words "four tenths of one percent" and the parentheses around ".04" were removed during codification to correct a manifest clerical error that occurred in the drafting process. Materials in the bill folder for House Bill 572 (which became 2006 Ky. Acts ch. 241) show that the bill was drafted to be an exact copy of a bill requested and later introduced as Senate Bill 201, the initial proposed draft of which provided for denial of certification if "[t]he applicant's blood alcohol level is above .04 concentration at the time of testing." Materials in the bill folder for Senate Bill 201 indicate that the erroneous phrase was inserted during the drafting process to conform with the rules for cardinal numbers set forth in the Bill Drafting Manual of the Kentucky General Assembly. The Reviser of Statutes has made this correction under the authority of KRS 7.136(1).

KRS 351.185 Confidentiality of drug and alcohol test results -- Exceptions -- Use of results in criminal proceeding against applicant prohibited

351.185. Confidentiality of drug and alcohol test results -- Exceptions -- Use of results in criminal proceeding against applicant prohibited (1) Records of drug or alcohol test results, written or otherwise, received by the division, its contractors, subcontractors, or other employees are confidential communications and exempt from disclosure under the Kentucky Open Records Act, except as follows: (a) Where release of the information is authorized solely pursuant to a written consent form signed voluntarily by the person tested. The consent form shall contain the following: 1. The name of the person who is authorized to obtain the information; 2. The purpose of the disclosure; 3. The precise information to be disclosed; 4. The duration of the consent; and 5. The signature of the person authorizing the release of the information; (b) Where release of the information is compelled by a hearing officer or court of competent jurisdiction pursuant to an appeal taken under KRS 351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and 352.390; (c) Where release of the information is relevant to a legal claim asserted by the applicant; (d) Where the information is used by the entity conducting drug or alcohol testing when consulting with legal counsel in connection with matters brought under or related to KRS 351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and 352.390, or in its defense of civil or administrative actions related to the testing or results; or (e) Where release of the information is deemed appropriate by the Mine Safety Review Commission or a court of competent jurisdiction in disciplinary proceeding brought under the terms of KRS 351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.180, 352.210, and 352.390. (2) Information on drug and alcohol test results for tests administered pursuant to KRS 351.182, 351.183, 351.184, 351.185, 351.102, 351.103, 351.1041, 351.106, 351.110, 351.120, 351.127, 351.1291, 351.170, 352.010, 352.180, 352.210, and 352.390 shall not be released or used in any criminal proceeding against the applicant. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 24, effective June 24, 2015. -- Created 2006 Ky. Acts ch. 241, sec. 5, effective July 12, 2006.

KRS 351.186 Workers' compensation premium -- Credit for certified drug-free workplace program at coal mine

351.186. Workers' compensation premium -- Credit for certified drug-free workplace program at coal mine (1) Any employer who is also a licensee that has implemented a drug-free workplace program certified by the division shall be eligible to obtain a credit on the licensee's premium for workers' compensation insurance. (2) Each insurer authorized to write workers' compensation insurance policies shall provide the credit on the workers' compensation premium to any employer who is also a licensee for which the insurer has written a workers' compensation policy. The credit on the workers' compensation premium shall not: (a) Be available to those employers that are also licensees who do not maintain their drug-free workplace program for the entire workers' compensation policy period; or (b) Apply to minimum premium policies. (3) The Department of Insurance shall approve workers' compensation rating plans that give a credit on the premium for a certified drug-free workplace so long as the credit is actuarially sound. The credit shall be at least five percent (5%) unless the Department of Insurance determines that five percent (5%) is actuarially unsound. (4) The credit on the workers' compensation premium may be applied by the insurer at the final audit. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 25, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 24, sec. 1901, effective July 15, 2010. -- Created 2006 Ky. Acts ch. 241, sec. 6, effective July 12, 2006.

KRS 351.190 Mine rescue divisions and stations -- Supplies and equipment

351.190. Mine rescue divisions and stations -- Supplies and equipment The commissioner of the department shall partition the coal fields of the state into mine rescue divisions. In each division there shall be a station, the location of which shall be determined by the commissioner, and there shall be kept at each station apparatus, appliances, and supplies for use in the work of rescue and relief upon the occurrence of entrapments, roof falls, inundation of liquids or gases, explosions or mine fires, and for the training of officials and miners in mine rescue work. The commissioner shall provide each station and himself with the necessary instruments, appliances, apparatus, chemicals, trucks, and automobiles, and shall designate one (1) of the inspectors to have charge of each station. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 185, sec. 12, effective July 12, 2006. -- Amended 1972 Ky. Acts ch. 298, sec. 17. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-14.

KRS 351.191 Trained mine rescue team to be available within specified driving time of each mine

351.191. Trained mine rescue team to be available within specified driving time of each mine Each underground coal mine operator shall submit documentation to the commissioner that a trained mine rescue team is within sixty (60) minutes' driving time of each of his mines. In the event that a trained mine rescue team is not available as required, the department shall provide a trained mine rescue team which would be available to the mine within sixty (60) minutes' driving time and shall so notify in writing the appropriate official of the United States Mine Safety and Health Administration. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 150, sec. 1, effective July 15, 1980. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 15.

KRS 351.192 Qualified or operator-designated person performing mine rescue acts not liable for damages for such acts

351.192. Qualified or operator-designated person performing mine rescue acts not liable for damages for such acts Any person who is qualified by a federal or state agency to perform mine rescue planning and recovery operations, including mine rescue instructors and mine rescue team members, and any person designated by an operator furnishing a mine rescue team to supervise, assist in planning, or provide service thereto, who in good faith performs, or fails to perform, any act or service in connection with such mine rescue planning and recovery operations shall not be liable for any civil damages as a result of any such acts or omissions. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 104, sec. 15, effective July 14, 2000. -- Created 1980 Ky. Acts ch. 194, sec. 1, effective July 15, 1980.

KRS 351.193 Safety rights of miners -- Settlement of disputes

351.193. Safety rights of miners -- Settlement of disputes No miner shall be required to operate any equipment or work in any condition which he reasonably believes to be unsafe. If the miner invokes his or her safety rights under this section, the miner shall have the right to be relieved from the assignment in dispute. The employee may be assigned to correct the condition or may be assigned to other duties until such time as the condition is resolved or corrected. No other miner shall be assigned to perform this job until the condition is corrected. The miner or his authorized representative and the company shall review the condition immediately and attempt to resolve the dispute. Should the miner not have an authorized representative, he may represent himself in the dispute. If the dispute is not settled by the company and the miner or his or her authorized representative, either party reserves the right to call in the commissioner or his authorized representative immediately and the dispute shall be settled on the basis of the inspector's finding with a written copy of his finding given to the company and the miner and his authorized representative. In the event no representative of the miner exists, the employee shall have the right to have the dispute resolved based on the inspector's findings. No disciplinary action shall be taken against a miner by a licensee unless the miner is found by the commissioner or his authorized representative to have acted in bad faith and without good cause in making an allegation as to unsafe equipment or working conditions. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 17, effective April 9, 1996. -- Amended 1994 Ky. Acts ch. 149, sec. 1, effective July 15, 1994. -- Created 1982 Ky. Acts ch. 370, sec. 2, effective July 15, 1982. 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 351.194 Administrative hearing procedures -- Hearing regarding licensee, coal operation, or other person -- Order -- Enforcement -- Civil penalty or fine

351.194. Administrative hearing procedures -- Hearing regarding licensee, coal operation, or other person -- Order -- Enforcement -- Civil penalty or fine (1) The Mine Safety Review Commission shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish administrative hearings procedures to be followed in determining if violations of mine safety laws, including, but not limited to, violations that meet the criteria established in KRS 351.025(1) or (2), have occurred and to establish a process to review recommended orders from any hearing officers acting on behalf of the commission. The procedures shall follow the requirements of KRS Chapter 13B and this chapter. (2) The chair or a majority of the Mine Safety Review Commission may convene a meeting of the commission at which it shall consider whether to schedule a hearing regarding any licensee, coal operation, or other person involved in the mining of coal. (3) If the commission determines that there is probable cause to believe that the licensee, coal operation, or other person against whom the department has made allegations of unsafe work practices or other violation of applicable law is guilty of an alleged violation, the commission shall schedule a hearing at which the department shall offer evidence in support of the allegations made by it. The licensee, coal operation, or other person against whom the allegations are made shall be given not less than twenty (20) days' written notice of the charges against him, together with the date, time, and place at which the charges shall be heard, and of his opportunity to be represented by counsel, produce evidence and witnesses on his behalf, and examine the evidence and documents that may be produced against him. The commission may also be represented by counsel and shall not be bound by the technical rules of evidence, but its order shall be based upon competent evidence. Any licensee or other person summoned to appear at a hearing in the manner established in this subsection may, in writing, waive the notice required to be given to him. (4) The commission may proceed with its hearing of charges made by the department against any licensee, coal operation, or other person who, after being duly notified in accordance with the requirements of this section, fails to appear at or participate in the hearing and who fails to assert any legitimate basis for the failure. (5) Within ninety (90) days after hearing, the commission shall issue an order in which it sets out its determinations concerning each matter coming before it. Copies of the order shall be provided to all parties to the hearing. The department shall carry out or enforce, as appropriate, the order of the commission, which may include, though not be limited to, the imposition of civil penalties, revocation, suspension, or probation of the mine license or the miner's certification. (6) The commission may modify a civil penalty or fine established under this chapter, under criteria established by the commission by administrative regulations. (7) In assessing monetary penalties within the limits provided in KRS 351.025, the commission shall consider the operator's history of previous violations, the appropriateness of the penalty to the size of the operator charged, whether the operator was negligent, the effect on the operator's ability to continue in business, the gravity of the violation, the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of a violation, and whether a penalty has been imposed by the Federal Mine Safety and Health Act for a violation that arose out of the same set of facts or circumstances. (8) An appeal of an order of the commission shall be filed in the Franklin Circuit Court within thirty (30) days of entry of the order. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 94, sec. 11, effective June 26, 2007. -- Amended 2001 Ky. Acts ch. 149, sec. 11, effective March 20, 2001. -- Amended 1998 Ky. Acts ch. 480, sec. 3, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 308, sec. 20, 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 351.195 Repealed, 2000

351.195. Repealed, 2000 Catchline at repeal: Miners required to wear safety glasses. History: Repealed 2000 Ky. Acts ch. 104, sec. 31, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 246, sec. 1, effective July 13, 1990.

KRS 351.200 Repealed, 1948

351.200. Repealed, 1948 Catchline at repeal: Division of Geology -- State Geologist. History: Repealed 1948 Ky. Acts ch. 224, sec. 7, effective June 17, 1948. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618- 19.

KRS 351.210 Repealed, 1948

351.210. Repealed, 1948 Catchline at repeal: Geological and other surveys -- Custody of mineralogical collections. History: Repealed 1948 Ky. Acts ch. 224, sec. 7, effective June 17, 1948. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2007k- 13.

KRS 351.220 Repealed, 1948

351.220. Repealed, 1948 Catchline at repeal: Cooperative agreements for geological and similar surveys. History: Repealed 1948 Ky. Acts ch. 224, sec. 7, effective June 17, 1948. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2007k- 15.

KRS 351.230 Repealed, 1948

351.230. Repealed, 1948 Catchline at repeal: Maps and reports, distribution of. History: Repealed 1948 Ky. Acts ch. 224, sec. 7, effective June 17, 1948. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2007k- 16.

KRS 351.240 Repealed, 1964

351.240. Repealed, 1964 Catchline at repeal: Workmen's Compensation. History: Repealed 1964 Ky. Acts ch. 192, sec. 27. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-55.

KRS 351.241 Statement of General Assembly

351.241. Statement of General Assembly The General Assembly hereby finds and declares the following: (1) Thousands of Kentuckians enter underground mines each day to produce coal that is so vital to the economy of our nation and the well-being of its people. (2) The underground coal mine is a hazardous environment that constantly requires the highest degree of safety consciousness on the part of every individual. (3) Despite training and a variety of safety efforts, each year coal mines continue to take a heavy human toll: large numbers of miners are injured; many are left permanently disabled; and a lesser number pay the ultimate price--death. (4) Many activities are performed by a variety of persons; therefore, each coal miner is expected to learn and perform a large number of tasks. (5) Miners frequently become engaged in unfamiliar tasks when substituting for others or assisting a fellow worker. (6) The American zeal for work and productivity very frequently causes the miner to give second priority to normal safety measures and precautions. (7) Studies have demonstrated that experienced persons observing and providing on- the-job counseling to individual miners regarding their work habits can bring about a significant reduction in underground mine accidents and fatalities. History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 1.

KRS 351.242 Mine safety analysis program -- Responsibility and powers of mine safety specialists

351.242. Mine safety analysis program -- Responsibility and powers of mine safety specialists (1) There is hereby created in the department a mine safety analysis program. (2) Mine safety specialists employed in the department and conducting underground or surface mine safety analysis shall satisfy the applicable requirements established in KRS 351.090. (3) A primary responsibility of the mine safety specialist is to prevent mine accidents and fatalities by observing and evaluating the work habits of persons involved in the direct production of coal and to contact, advise, and assist these persons in correcting their unsafe or potentially hazardous actions. (4) Each time a mine safety specialist enters a mine to perform mine safety analysis, he or she shall confer with the foreman as to the conditions of the mine and the work practices of the employees. (5) The mine safety specialist shall keep mine management, representatives of the employees, and the commissioner informed about all hazardous conditions and all matters which may improve the safety of mines. (6) The division shall assist the department in assessing the effectiveness of miner training programs. (7) The commissioner shall at his or her discretion assign mine safety specialists to all mines in the state taking into consideration such factors as the history of accidents at the mine, experience of the workforce, physical condition of the mine, and size of the mine. (8) The commissioner may coordinate the assignment of mine safety specialists with the appropriate federal authorities to minimize duplication of accident prevention efforts. (9) The commissioner shall report annually to the General Assembly and to the Governor on the effectiveness of the mine safety specialists in improving mine safety. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 26, effective June 24, 2015. -- Amended 2005 Ky. Acts ch. 123, sec. 60, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 480, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 308, sec. 18, effective April 9, 1996. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 2. 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 351.243 Responsibilities and duties of mine safety analysts not to limit those provided in KRS Chapters 351 and 352 for other persons

351.243. Responsibilities and duties of mine safety analysts not to limit those provided in KRS Chapters 351 and 352 for other persons The responsibilities and duties assigned to the mine safety analyst shall not be construed to limit in any way the responsibilities and duties provided in KRS Chapters 351 and 352 for any other person. Created 1976 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 3.

KRS 351.250 Repealed, 1990

351.250. Repealed, 1990 Catchline at repeal: Kentucky coal research board -- Membership -- Duties. History: Repealed 1990 Ky. Acts ch. 325, sec. 37, effective July 13, 1990. -- Created 1970 Ky. Acts ch. 79, sec. 2.

KRS 351.310 Definitions for KRS 351.315 to 351.375

351.310. Definitions for KRS 351.315 to 351.375 As used in KRS 351.315 to 351.375 unless the context clearly indicates otherwise: (1) "Explosives" means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units or other ingredients in such proportions or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property; (2) "Blasting operation" means the use of explosives in the surface blasting of stone, rock, ore or any other natural formation, or in any construction or demolition work, but shall not include its use in agricultural operations; (3) "Blaster" means a person licensed to fire or detonate explosives in blasting operations; (4) "Charge" means a quantity of explosive or equivalent that is to be detonated within a period of five (5) seconds; (5) "Subcharge" means a quantity of explosive or equivalent that is to be detonated within a period of less than eight (8) milliseconds; (6) "Detonation time" means the time at which the detonation is initiated; (7) "Department" means the Department for Natural Resources; and (8) "Commissioner" means the commissioner of the Department for Natural Resources. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 123, sec. 61, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 355, sec. 7, effective July 15, 2002. -- Amended 1976 Ky. Acts ch. 143, sec. 1. -- Created 1972 Ky. Acts ch. 280, sec. 1.

KRS 351.315 Licensing of blaster -- Training requirements

351.315. Licensing of blaster -- Training requirements (1) No person shall detonate explosives in any blasting operation in which more than five (5) pounds of explosives or the equivalent are used in a single charge or in which less than five (5) pounds of explosives are used by a regular user, excluding blasting for agriculture and underground coal, unless he is licensed by the department. The department shall issue a license to use explosives to any person who: (a) Has worked in blasting operations for at least twenty-four (24) months under the immediate supervision of an experienced blaster or has worked in blasting operations for twelve (12) months and has completed a formal training program approved by the department; and (b) Has passed an examination prescribed by the department which shall test the examinee's practice of blasting operations and the storage, moving, handling, and detonation of explosives. (2) Application for license shall be in writing upon a form furnished by the department and shall be accompanied by a photograph of the applicant. If the applicant is successful in passing the examination, a license indicating his competency to detonate explosives shall be issued upon the payment of a fee of twenty-five dollars ($25). (3) Any person who is a licensed blaster in another state where the qualifications prescribed at the time of licensing were, in the opinion of the commissioner, equal to those prescribed in the Commonwealth at the date of application, and where reciprocal licensing privileges satisfactory to the department are granted to licensees of the Commonwealth, may be granted a license without an examination, upon the payment of a fee. (4) Each blaster shall be required to renew his license every three (3) years by application to the department, which application shall be accompanied by a fee and subject to the following training requirements: (a) Each applicant for renewal of a Kentucky blaster's license shall furnish proof that during the preceding three (3) years, the blaster annually has attended a minimum of eight (8) hours of department-approved blaster's training. No more than four (4) hours of the annual blaster training may be attributed to attending a conference unless otherwise approved by the department; and (b) Each applicant for renewal of a limited Kentucky blaster's license shall furnish proof that during the preceding three (3) years, the blaster has attended a minimum of four (4) hours of blaster's training approved by the department. (5) The department shall not issue a blaster's license to any person not entitled to transport or receive explosives under existing federal law, including persons who: (a) Are less than twenty-one (21) years of age; or (b) Have been convicted in any court of a crime punishable by imprisonment for a term exceeding one (1) year, unless the conviction has been specifically exempted by the United States Bureau of Alcohol, Tobacco and Firearms or its successor. (6) All fees provided in this section shall be set by the department by administrative regulation; however, the fee for an application shall not exceed forty dollars ($40), the fee for license renewal shall not exceed sixty dollars ($60), and the fee for reciprocal licensing shall not exceed sixty dollars ($60). (7) The commissioner may suspend any license for due cause, but no license may be revoked until the licensee has been granted adequate opportunity for a hearing before the cabinet's Office of Administrative Hearings. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 11, effective July 14, 2018. -- Amended 2010 Ky. Acts ch. 94, sec. 3, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 25, sec. 1, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 67, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 150, sec. 1, effective July 15, 1996; and ch. 318, sec. 332, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 240, sec. 1, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 143, sec. 2.

KRS 351.320 Repealed, 1976

351.320. Repealed, 1976 Catchline at repeal: Detonation of explosives in blasting operations -- Qualifications and licensing of blaster. History: Repealed 1976 Ky. Acts ch. 143, sec. 14. -- Created 1972 Ky. Acts ch. 280, sec. 2.

KRS 351.325 Classification of blasters

351.325. Classification of blasters The department may institute classifications of blasters for the purpose of insuring adequate skill in different types of blasting operations. Classification will be determined by passage of a corresponding examination. History: Created 1976 Ky. Acts ch. 143, sec. 3.

KRS 351.330 Requirements governing blasting operations

351.330. Requirements governing blasting operations (1) Blasting of explosives for use in the neighborhood of any public highway, stream of water, dwelling house, public building, school, church, commercial or institutional building, pipeline, or utility shall be done in accordance with the provisions of this section, and rules and regulations promulgated by the department. (2) Where necessary in a blasting operation, the department may require that the operator submit a blasting plan to the department for approval. (3) In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of the ground motion in any direction shall not exceed two (2) inches per second at the immediate location of any dwelling house, public building, school, church, commercial or institutional building, and the particle velocity at such location immediately after a period of one (1) second following the peak particle velocity produced by any charge shall not continuously exceed one-half (1/2) inch per second. (4) Blasting operations without instrumentation will be considered as being within the limits set forth in this subsection if such blasting operations are conducted in accordance with rules and regulations of the department establishing the maximum amount of explosives to be used in a single charge and in a single subcharge within specified distances from any location provided by subsection (1) of this section. No more than 40,000 pounds of explosives may be used in any charge except with the approval of the commissioner. Regulations promulgated by the department pursuant to this subsection shall be in such terms that compliance therewith will assure compliance with the provisions of subsection (3) of this section. (5) No two (2) consecutive subcharges containing the maximum permitted by the department pursuant to this subsection shall have a detonation time separated by less than eight (8) milliseconds, except that if the amount of explosive used in any subcharge is less than maximum permitted by the department pursuant to subsection (4) of this section, the time delay between detonation times may be decreased in the same ratio. (6) Any blasting operation may be conducted without reference to any maximum amount or period provided by or pursuant to subsection (4) of this section if the operator of such blasting operation demonstrates by instrumentation that maximum particle velocity of the ground motion in any direction does not exceed the limits provided in subsection (3) of this section. (7) Instruments for determining particle velocity as set forth in this subsection shall be limited to such specific types of devices as shall have been expressly approved by the department and the commissioner or his duly authorized agent may enter upon any premises for the purpose of conducting or supervising any necessary instrumentations provided by KRS 351.315 to 351.375. (8) When blasting operations are contemplated which would result in ground vibrations that would have a particle velocity in any direction in excess of two (2) inches per second at the immediate location of any dwelling house, public building, school, church, commercial or institutional building, blasting operations may proceed after receiving written consent from the property owner or owners affected. (9) When blasting operations, other than those conducted at a fixed site as a part of any industry or business operated at such site, are to be conducted within the vicinity of a pipeline or public utility, the blaster or person in charge of the blasting operations shall take due precautionary measures for the protection of the pipeline or utility, and shall give adequate notice to the owner or his agent that such blasting operations are intended. The blaster shall be subject to regulations promulgated by the department concerning such a blasting operation. (10) Blasting operations near streams shall be prohibited in all cases where the effect of the blasting is liable to change the course or channel of any stream without first obtaining a permit from the department which has been approved by the Division of Water in the Energy and Environment Cabinet. (11) Blasting operations shall not be conducted within eight hundred (800) feet of any public highway, unless due precautionary measures are taken to safeguard the public. (12) Mudcapping in blasting operations shall be permitted only where it would endanger the safety of the workers to drill the rock or material to be blasted. If mudcapping is necessary, no more than ten (10) pounds of explosives shall be used for each charge. (13) When the use of detonating cord would cause severe air blast the department may cause all trunk lines to be covered by five (5) to six (6) inches of loose earth. (14) In blasting operations, flying rocks shall not be allowed to fall greater than one-half (1/2) the distance between the blast and a dwelling house, public building, school, church, or commercial or institutional building. Protective material shall be used to insure this limit. (15) When a blast is about to be fired, ample warning shall be given to allow all persons to retreat to a safe place, and care shall be taken to ascertain that all persons are in the clear. Each operator shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. The operator shall inform all employees at the operation as to the established procedure. (16) No person shall use explosives in such manner that safety to persons or property is threatened. (17) The two (2)-inch-per-second maximum peak particle velocity as specified in subsections (3) and (8) of this section shall be construed as the threshold below which blasting damage is unlikely to occur. However, the department shall have the authority to promulgate regulations requiring more restrictive levels of maximum peak particle velocity when necessary to maintain consistency with federal statutes or regulations. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1902, effective July 15, 2010. -- Amended 1978 Ky. Acts ch. 337, sec. 1, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 143, sec. 4. -- Created 1972 Ky. Acts ch. 280, sec. 3.

KRS 351.335 Rules and regulations -- Authority of commissioner or his representative

351.335. Rules and regulations -- Authority of commissioner or his representative (1) The department shall have the authority for promulgating regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives including, but not limited to, airblasts, preblast surveys, and blasting schedules, and the maintenance of such explosives which has a direct bearing on safety to life and property, and any other rules and regulations necessary to effectuate the provisions of KRS 351.315 to 351.375 or which are consistent with the provisions of the Federal Surface Mining Control and Reclamation Act of 1977, and amendments thereto, pertaining to blasting or explosives, or any rule or regulation promulgated thereunder pertaining to blasting or explosives. No portion of KRS 351.315 to 351.375 shall apply in any manner to the manufacture, transportation, sale, storage, possession, or use of: (a) Loaded ammunition for use in small arms or other weapons; or (b) Propellant powders for use in small arms or other weapons; or (c) Primers for small arms ammunition; or (d) Any other component part of small arms ammunition; or (e) Tools, equipment, or devices for the manufacture of small arms ammunition; or (f) Grades of blackpowder suitable primarily for use in firearms. (2) To promote compatible, uniform, and consistent laws and regulations concerning blasting, all local ordinances, rules, and regulations concerning blasting and explosives promulgated by units of local government within the Commonwealth shall be reviewed and approved, by the department, prior to implementation. Any not so approved shall be invalid. Any local ordinance, rule, or regulation in force on June 19, 1976, shall become invalid, null, and void one hundred twenty (120) days after June 19, 1976, unless it is submitted to the department and is approved as being consistent with the provisions of this section. (3) In order to carry out the purposes of KRS 351.315 to 351.375, the commissioner or his authorized representative shall have the authority: (a) To enter without delay and advance notice any place where explosives are in use or stored or where blasting records are kept, during regular working hours and at other reasonable times in order to inspect such places, question any explosive user or seller for the purpose of ascertaining compliance or noncompliance with KRS 351.315 to 351.375. (b) To administer oaths, take depositions, conduct hearings, take photographs, review any and all blasting records, and secure any other evidence deemed necessary to evaluate any safety hazard in KRS 351.315 to 351.375 or regulations issued pursuant thereto. (4) If an explosive user or seller refuses such entry, then the commissioner or his authorized representative may apply to the Franklin Circuit Court, or to the Circuit Court within the county wherein the premises to be entered are located, for an order to enforce the right of entry. (5) If, during the course of a lawful inspection, the commissioner or his authorized representative discovers explosives stored or kept in an unlawful manner and such unlawfully stored or kept explosives constitute an imminent and substantial danger to life or property, then the commissioner or his authorized representative may, upon proper affidavit before a magistrate with authority and jurisdiction to issue search warrants, obtain a warrant authorizing seizure of such unlawfully stored or kept explosives and thereby seize and store such explosives in a lawful and safe manner. (a) No warrant pursuant to this section shall be issued unless the commissioner or his authorized representative has made arrangements with public or private sources for the lawful and safe storage of the explosives to be seized. (b) No warrant pursuant to this section shall be issued upon an affidavit that does not aver that an arrangement has been made between the commissioner or his authorized representative and public or private sources for the lawful and safe storage of the explosives to be seized. (c) No warrant pursuant to this section shall be issued upon an affidavit that does not specifically state the place in which the explosives are to be stored in terms of city, county, street address, and name of person, company, or agency accepting the explosives for storage. (d) Any owner or person entitled to lawful possession of explosives seized pursuant to this section shall be entitled to recovery of the seized explosives upon written or verbal notification to the commissioner or his authorized representative stating his capability to lawfully and safely store the seized explosives, and upon an inspection by the commissioner or his representative of his storage facilities and methods that reveals his capability to lawfully and safely store the explosives. (e) The commissioner or his authorized representative shall make the inspection within five (5) days of receipt of said notification. (f) If the commissioner or his authorized representative receive no communication from the owner or person entitled to lawful possession of the seized explosives within thirty (30) days after the seizure of such explosives, then the commissioner or his authorized representative may dispose of the seized explosives in a safe and lawful manner. Effective: June 17, 1978. History: Amended 1978 Ky. Acts ch. 337, sec. 2, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 143, sec. 5.

KRS 351.340 Repealed, 1976

351.340. Repealed, 1976 Catchline at repeal: Rules and regulations -- Inspections. History: Repealed 1976 Ky. Acts ch. 143, sec. 14. -- Created 1972 Ky. Acts ch. 280, sec. 4.

KRS 351.345 Revocation of license -- Hearing

351.345. Revocation of license -- Hearing (1) The commissioner, before revoking any license shall set the matter down for a hearing before the cabinet's Office of Administrative Hearings. (2) No person shall blast once his license has been revoked by the department. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 12, effective July 14, 2018. -- Amended 1996 Ky. Acts ch. 318, sec. 333, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 114, sec. 101, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 143, sec. 9.

KRS 351.350 Citation for violation -- Action against violator

351.350. Citation for violation -- Action against violator (1) If upon inspection an authorized representative of the commissioner finds that an explosive user or seller has violated any requirement of KRS 351.315 to 351.375, a citation shall be issued to the violator. Each citation shall describe the alleged violation, establish the time period permitted for correction by fixing a reasonable date by which the alleged violation shall be eliminated, if applicable, and propose the civil penalty to be paid. If within fifteen (15) working days from the receipt of the citation the explosive user or seller fails to notify the commissioner that he intends to contest the citation, then the citation shall be deemed a final order and not be subject to review by any court or agency. (2) If the explosive user or seller notifies the commissioner that he intends to challenge a citation issued under KRS 351.315 to 351.375, then it shall be the duty of the department or the cabinet's Office of General Counsel upon the request of the commissioner, to bring an action for the recovery of the penalties provided for herein. (3) It shall be the duty of the cabinet's Office of General Counsel, upon the request of the commissioner, to bring an action for a restraining order, temporary or permanent injunction against any operator or other person violating or threatening to violate any of the provisions of KRS 351.315 to 351.375. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 85, sec. 13, effective July 14, 2018. -- Created 1976 Ky. Acts ch. 143, sec. 7.

KRS 351.355 Notification of accident -- Investigation

351.355. Notification of accident -- Investigation Whenever serious injury, as defined in KRS 500.080, or loss of life occurs in a blasting operation, the blaster shall immediately give notice forthwith to the department stating the particulars of the accident. To aid in making an investigation of the accident, the commissioner may compel the attendance of witnesses and administer oaths. History: Created 1976 Ky. Acts ch. 143, sec. 8.

KRS 351.360 Records required

351.360. Records required A record of each blast shall be kept. All records including seismograph reports shall be retained at least five (5) years and shall be available for inspection by the department and shall contain such data as the commissioner determines. History: Created 1976 Ky. Acts ch. 143, sec. 9.

KRS 351.365 Supplier of explosives to keep register and to register with department

351.365. Supplier of explosives to keep register and to register with department Any person who sells, lends, or gives any explosives or blasting agents shall keep a register showing the amount sold, lent, or given, the date of the sale, loan, or gift and for what purpose it is to be used. Such person shall also be required to register with the department. History: Created 1976 Ky. Acts ch. 143, sec. 10.

KRS 351.367 Permit to purchase, receive, or take possession of explosives -- Procedures - - Restrictions -- Records

351.367. Permit to purchase, receive, or take possession of explosives -- Procedures - - Restrictions -- Records (1) No person, firm, association, or corporation shall purchase, receive, or take possession of explosives without first obtaining a permit from the department. (2) The application for a permit to purchase, receive, or take possession of explosives shall be on a form prescribed by the department and shall be accompanied by an application fee of twenty dollars ($20). The application shall indicate the applicant's name, address, type of business, the location at which the explosives will be used and stored, and the purpose for which the explosives will be used. On those operations for which licensed blasters or certified shotfirers are required, their names and license numbers or certification numbers shall be included on the application. (3) Any person, firm, association, or corporation who procures a license from the department to operate a coal or clay mine, pursuant to KRS 351.175, and who at the time of application for license requests a permit to purchase, receive, or take possession of explosives, shall be issued a permit by the department without cost to the applicant. (4) Permits to purchase, receive, or take possession of explosives shall be valid for a period not to exceed one (1) year from the date of issue and shall not be transferable. (5) Permits shall be issued only to those persons, firms, associations, or corporations who have proper facilities to store explosives, or to those who provide to the department a written plan documenting the manner in which any excess explosives shall be handled and returned to proper storage facilities. (6) Explosive materials shall not be sold, given, delivered, or transferred to any person not possessing a valid permit to purchase or receive them. (7) Anyone who sells, gives, or distributes explosives shall maintain accurate records for each sale or gift of explosives, listing the name, address, and permit number of the person or company receiving the explosives and the quantity and types of explosives received. (8) The commissioner may suspend a permit for a period of twenty (20) days for due cause; however, a permit may not be revoked until completion of a hearing, which shall be conducted in accordance with KRS 351.345. (9) Explosives which are transferred, sold, or distributed, for the purpose of resale, by a registered explosive dealer or manufacturer to another registered dealer or manufacturer shall be exempt from the provisions of this section. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 151, sec. 1, effective July 15, 1996.

KRS 351.370 Purchase of explosives

351.370. Purchase of explosives Any person who is a resident of this Commonwealth and who uses explosive materials in the conduct of business or occupation may lawfully purchase explosive materials from a seller located or residing in a state contiguous to this Commonwealth; provided, such person is properly licensed or registered under KRS 351.315 to 351.375. History: Created 1976 Ky. Acts ch. 143, sec. 11.

KRS 351.375 Restriction of sale and use of hazardous explosives

351.375. Restriction of sale and use of hazardous explosives The department may promulgate regulations restricting the sale and use of certain hazardous explosive compounds including, but not limited to, liquid nitroglycerin, fulminate of mercury, and lead azide. History: 1976 Ky. Acts ch. 143, sec. 12.

KRS 351.380 Repealed, 2018

351.380. Repealed, 2018 Catchline at repeal: Agreements with Natural Resources and Environmental Protection Cabinet. History: Repealed 2018 Ky. Acts ch. 85, sec. 16, effective July 14, 2018. -- Created 1978 Ky. Acts ch. 337, sec. 3, effective June 17, 1978.

KRS 351.990 Penalties

351.990. Penalties (1) Any person who violates any of the provisions of KRS 351.315 to 351.375 or any administrative regulation, determination, or order promulgated in accordance with KRS 351.315 to 351.375 shall be subject to a civil fine not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000) for each violation. (2) Any person who willfully violates any of the provisions of KRS 351.315 to 351.375 or any administrative regulation, determination, or order promulgated in accordance with KRS 351.315 to 351.375 which has become final shall be guilty of a Class A misdemeanor. (3) Any person who violates any of the provisions of KRS 351.330(16) shall be guilty of a Class B misdemeanor. (4) Any person who violates any of the provisions of KRS 351.345(2) shall be guilty of a Class D felony. (5) Any operator who fails to obtain his license as required by KRS 351.175 shall be guilty of a Class A misdemeanor as defined in KRS 532.090. Each day the mine is operated without a license constitutes a separate offense. Venue for the offenses shall lie in the county in which the offense occurred. (6) Any operator operating a mine with knowledge that the mine has been placed under a valid closure order pursuant to KRS 351.175 shall be guilty of a Class D felony. Jurisdiction shall lie in the Circuit Court of the county in which the offense occurred. (7) Any blasting operation that results in the death or serious physical injury of a person may be subject to a civil fine not more than twenty thousand dollars ($20,000). For the purposes of this subsection, "serious physical injury" means an injury which has a reasonable potential to cause death. (8) Any person who fails a drug or alcohol test required by KRS 351.182, 351.183, 351.184, 351.185, or 352.180 shall be subject to the following penalties if an appeal to the Mine Safety Review Commission is chosen and the appeal is not successful: (a) A first offense shall result in probation, suspension, or combination of both, as well as other conditions and time constraints as ordered by the Mine Safety Review Commission. During this time, the person shall be ineligible for any license or certification issued by the division. All licenses and certifications shall be restored upon compliance with the orders of the Mine Safety Review Commission. The failure to pursue an appeal will result in revocation of all licenses or certifications issued by the division for three (3) years; (b) A second offense shall result in the revocation of all certifications and licenses issued by the division for a period of five (5) years. During this time, the person shall be ineligible for any license or certification issued by the division. Certifications and licenses revoked under this provision may be reissued by: 1. Compliance with all training and testing requirements; 2. Satisfying the requirements of KRS 351.182 and 351.183; 3. Compliance with all orders of the Mine Safety Review Commission; and (c) A third offense shall result in the permanent revocation of all licenses and certifications issued by the division. The person shall be permanently ineligible for licenses and certifications issued by the division. The Mine Safety Review Commission shall not have the authority to reconsider any order permanently revoking a miner's license or certifications issued by the division if the commission's order is final unless, at the time of the entry of the order, the miner was incarcerated or hospitalized, or the miner did not receive actual notice of the motion or other filing seeking permanent revocation, or did not actually receive notification by the commissioner of the Department for Natural Resources pursuant to KRS 351.120. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 87, sec. 27, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 89, sec. 7, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 39, sec. 1, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 308, sec. 19, effective April 9, 1996; and ch. 318, sec. 334, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 161, sec. 2, effective July 15, 1994. â€“ Amended 1992 Ky. Acts ch. 463, sec. 39, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 188, sec. 278, effective July 1, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 8, secs. 11(7),(29). -- Amended 1976 Ky. Acts ch. 143, sec. 13. -- Amended 1972 Ky. Acts ch. 280, sec. 5; and ch. 298, sec. 18. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-49, 3766b-18. Legislative Research Commission Note (7/12/2012). Under the authority of KRS 7.136(1), the Reviser of Statutes has altered the format of the text in subsection (8) of this statute during codification. The words in the text were not changed. 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 351.1041 Mine Safety Review Commission

351.1041. Mine Safety Review Commission (1) The Mine Safety Review Commission is created as an independent governmental entity attached to the Energy and Environment Cabinet, Office of the Secretary, for administrative purposes. The commission shall: (a) Conduct hearings and issue orders regarding a licensee, coal operation, or other person involved in the mining of coal in accordance with KRS 351.194; (b) Jointly with the department establish a process for the department's referral of allegations of mine safety violations, allegations of unsafe working conditions, violation of a miner's drug- and alcohol-free condition of certification, or supervisory personnel's failure to immediately report a fatal accident or an accident involving serious physical injury to the commission for adjudication; (c) Make any recommendations to the department that it believes appropriate upon its review, consideration, and analysis of: 1. All reports of coal mining fatalities and serious physical injuries provided by the commissioner under KRS 351.070(14); 2. Any case in which a miner or a mine owner or operator, in the professional opinion of the department has a history of significant and substantial safety violations even though there has been no serious physical injury or death resulting from the violations; 3. Any case in which a miner or a mine owner or operator has been convicted of a criminal charge for a violation of a federal mine safety standard or standards; and 4. Any case in which the Federal Mine Safety and Health Administration has made a recommendation relating to certification of an individual certified under this chapter. (2) The Mine Safety Review Commission shall consist of three (3) members appointed by the Governor subject to the consent of the Senate and the House of Representatives in accordance with KRS 11.160. Of the members of the Mine Safety Review Commission first appointed under this section, one (1) shall be appointed for a term of one (1) year; one (1) shall be appointed for a term of two (2) years; and one (1) shall be appointed for a term of three (3) years. After the initial appointments, members of the commission shall be appointed for terms of four (4) years. A member may be reappointed at the expiration of his or her previous term. Members shall continue to serve until a successor is appointed and qualified. (3) The members of the Mine Safety Review Commission shall have the qualifications required of Judges of the Court of Appeals, except for residence in a district, and shall be subject to the same standards of conduct made applicable to a part-time judge by the Rules of the Kentucky Supreme Court. The members shall receive the per diem equivalent of the salary of a Judge of the Court of Appeals for each day spent in conducting the business of the commission. (4) The Governor shall designate a member of the Mine Safety Review Commission to serve as chair and shall fill any vacancy in the office of chair. (5) The Governor may remove any member for good cause, including violation of the Code of Judicial Conduct and repeated failure to perform satisfactorily the specific duties assigned in this chapter or KRS Chapter 352. The Governor may remove the member only after furnishing him or her with a written copy of the charges against that member and holding a public hearing if requested by the member. (6) The commission shall meet on the call of the chair or a majority of the members of the commission. (7) The Energy and Environment Cabinet shall provide administrative services to the Mine Safety Review Commission. If the commission deems it necessary to employ hearing officers to assist it, the Energy and Environment Cabinet shall employ hearing officers to assist the commission in accordance with KRS Chapter 13B and this chapter, notwithstanding the provisions of KRS 13B.030(2)(b). (8) The commission may conduct hearings, compel the attendance of witnesses, administer oaths, and conduct oversight activities as may be required to ensure the full implementation of its duties. (9) The department shall provide the Mine Safety Review Commission with all information requested by the commission for the fulfillment of its responsibilities under this chapter and KRS Chapter 352. (10) The secretary of the Energy and Environment Cabinet shall effectuate the hiring of any staff deemed necessary and affordable for the efficient operations of the Mine Safety Review Commission. This may include an executive director, general counsel, or other administrative support positions, to be appointed in accordance with KRS 12.010 and 12.050. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 34, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1898, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 94, sec. 5, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 241, sec. 12, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 353, sec. 1, effective July 15, 2002. -- Created 2001 Ky. Acts ch. 149, sec. 2, effective March 20, 2001.

KRS 351.1045 Required new miner training course and site visits for members of the Mine Safety Review Commission

351.1045. Required new miner training course and site visits for members of the Mine Safety Review Commission The members of the Mine Safety Review Commission shall complete a forty (40) hour new miner training course if they have not completed the course within the previous two (2) years. In addition, they shall participate in a site visit of an underground mine and a surface coal mine and thereafter make a site visit of an underground mine at least every three (3) years. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 35, effective June 29, 2017. -- Created 2001 Ky. Acts ch. 149, sec. 7, effective March 20, 2001.

KRS 351.1055 Repealed, 2017

351.1055. Repealed, 2017 Catchline at repeal: Mine Equipment Review Panel -- Membership -- Recommendations. History: Repealed 2017 Ky. Acts ch. 117, sec. 49, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 87, sec. 14, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 24, sec. 1899, effective July 15, 2010; and ch. 135, sec. 10, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 94, sec. 6, effective June 26, 2007. -- Created 2006 Ky. Acts ch. 185, sec. 4, effective July 12, 2006.

KRS 351.1071 Training program -- Certification as shotfirer and driller for solid blasting

351.1071. Training program -- Certification as shotfirer and driller for solid blasting (1) No person shall drill coal or detonate explosives within a mine using the method of shooting coal from the solid until that person successfully completes a training program administered by the department and has passed a test prescribed by the commissioner. (2) No person shall be issued a certificate in accordance with subsection (1) of this section unless he or she presents valid evidence to the commissioner of having one (1) year of practical underground coal mine experience. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 370, sec. 1, effective July 15, 1982.

KRS 351.1291 Course of instruction for surface coal miners

351.1291. Course of instruction for surface coal miners (1) All inexperienced surface coal miners shall complete a twenty-four (24) hour course of instruction composed of sixteen (16) hours of classroom training and eight (8) hours of mine specifics that is devised or approved by the department in subjects including but not limited to: accident prevention, cutting and welding, equipment operation, fire protection, first-aid methods, ground control and transportation, handling and use of explosives, mine communications, mine electrical safety standards, mining law, including the statutory rights of miners, safety around bins and hoppers, alcohol and substance abuse education and training, and any other subjects deemed appropriate by the department. For purposes of this section, "inexperienced coal miners" means all persons who have not previously worked at least forty-five (45) days at a surface coal mine in this Commonwealth. (2) All surface coal miners shall complete an eight (8) hour course of annual retraining devised or approved by the department in the subjects identified in subsection (1) of this section, thirty (30) minutes of which shall be dedicated to alcohol and substance abuse education. (3) One (1) hour of initial substance abuse training and education shall be provided as part of the certified miner's first annual retraining conducted in a classroom that occurs after August 1, 2006. This requirement does not apply to a certified person who received the one (1) hour initial substance abuse training and education as part of his or her forty (40) hour or twenty-four (24) hour new miner training. (4) In addition to the thirty (30) minutes of annual alcohol and substance abuse education required for certified miners, supervisory personnel shall be required to undergo an additional thirty (30) minutes of alcohol and substance abuse awareness training annually. (5) Each applicant for a certified surface miner, in addition to meeting the educational requirements of this chapter, shall pass a drug and alcohol test in accordance with KRS 351.182 and 351.183. (6) The commissioner shall certify all surface coal miners who complete the courses of instruction and show proof of drug- and alcohol-free condition of certification required in this section. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 241, sec. 17, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 6, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 104, sec. 12, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 481, sec. 2, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 161, sec. 1, effective July 15, 1994.

KRS 351.9901 Moratorium ending April 8, 1996, on levying of mandatory fines and penalties pursuant to KRS 351.990 -- Exceptions

351.9901. Moratorium ending April 8, 1996, on levying of mandatory fines and penalties pursuant to KRS 351.990 -- Exceptions Notwithstanding any provision of this chapter to the contrary, there shall be, beginning on April 8, 1994, a two (2) year moratorium on the levying of any mandatory fines or penalties pursuant to KRS 351.990 against the operator or miner who violates any provision of this chapter, except the two (2) year moratorium shall not apply to the penalty provisions of KRS 351.990(1), (2), (3), (4), (5), and (6). Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 49, effective April 9, 1996. -- Created 1994 Ky. Acts ch. 297, sec. 1, 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=38939Fetched: 10/20/2026