Title XXVIII, Mines and Minerals

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…

(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, an…

(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.

(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 tim…

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 m…

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.

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.

- 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 shal…

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 li…

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.

(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 tha…

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…

(1) As used in this chapter, unless the context requires otherwise: (a) "Abandoned workings" means excavations, either caved or sealed, that are deserted and in which further mining is not intended, or open workings which are ventilated and not inspected regularly; (b) "Active wo…

All maps and plans required under this chapter shall be submitted by the coal operator providing coordinates in feet units using NAD 83, with Single Zone Projection, as those terms are defined in KRS 352.010.

-- Plan requirements. (1) A mine ventilation plan and any revision of an existing mine ventilation plan shall be suitable to the ventilation conditions and mining system of each mine. The mine ventilation plan and any revisions to the mine ventilation plan approved by the United …

ventilation -- Repair. (1) As many as sixty (60) persons may work in the same air current or split, and with the approval of the mine inspector and the commissioner, as many as eighty (80) persons may work in the same air current. Each active section in a mine shall be ventilated…

If the mine inspector discovers any working place being driven in advance of the air current contrary to the requirements of this chapter he shall notify the mine foreman to cease work in the place at once and not resume such work until the law is complied with.

There shall be no cutting or welding inby the last open break, except in case of emergency.