Title XXVIII, Mines and Minerals

(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…

(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 ventilat…

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 …

(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 ti…

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.

- 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 …

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 importanc…

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 …

(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 ti…

(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 oper…

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 underg…

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 o…

(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 …

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 p…

Mine superintendents shall hold a mine foreman certificate issued by the commissioner.

-- 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…

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…

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 req…

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 perso…

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 for…

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 min…

(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…

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 commission…

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 …

(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 t…

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 afte…

(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…

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 ma…

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 accorda…

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 pri…

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 alcoh…

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 certifica…

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 Kentu…

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 …

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…

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…

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 te…

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…

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 viola…

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 tha…

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…

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 Extr…

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 ing…

(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 …

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.

(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 an…