2009 Kentucky Revised Statutes CHAPTER 351 DEPARTMENT FOR NATURAL RESOURCES 351.025 Duties of department relating to mine safety -- Administrative regulations.
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351.025 Duties of department relating to mine safety -- Administrative regulations.
The department shall: <br>(1) Promulgate administrative regulations that establish comprehensive criteria for the
imposition and enforcement of sanctions against certified and noncertified <br>personnel and owners and part-owners of licensed premises whose intentional <br>violation of, or order to violate, mine safety laws places miners in imminent danger <br>of serious injury or death. These criteria shall include but not be limited to the <br>following: <br>(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 <br>individual's certification for first offenses, and the Mine Safety Review <br>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 <br>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 <br>receive for up to ten (10) working days for first offenses and the commission <br>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 <br>imposition of penalties against licensed premises for violations of mine safety laws <br>that place miners in imminent danger of serious injury or death. These penalties <br>shall include but not be limited to the revocation or suspension of the mine's <br>license, the probation of a mine's license, or the imposition of a penalty against the <br>licensee not to exceed the gross value of the production of the licensed premise for <br>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 <br>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 <br>safety violations against Kentucky coal operators and miners and for reports made <br>to the Office of Mine Safety and Licensing 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 <br>adjudication and for the hearing of appeals from penalties imposed by the Office of <br>Mine Safety and Licensing, and the underlying violation, authorized under KRS <br>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 <br>certified and noncertified personnel and licensed premises and to require the report
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to be distributed to every certified working miner employed by the licensed entity, <br>posted at work sites, and reviewed at regular mine safety meetings.
Effective: June 26, 2007 <br>History: 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 <br>ch. 149, sec. 6, effective March 20, 2001.
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