352.430 Inspection and closing of mines by department -- Hearings.
(1)
(2)
(3)
The operator, superintendent, or mine manager of every mine shall furnish the mine
inspector proper facilities for entering the mine and making examinations or
obtaining information.
If any inspector discovers that any mine does not conform to the provisions of KRS
Chapter 351 and this chapter in respect to the safety of employees, or that by reason
of any defect or practice not specifically covered by these chapters in or about the
mine, the lives or health of persons employed therein are endangered, he shall
immediately issue an emergency order to the licensee or superintendent. If he deems
it necessary for the immediate protection from imminent danger of bodily harm of
the persons employed in the mine, he shall withdraw the men who may be
endangered according to the following procedures:
(a) If the entire mine is affected by the dangerous condition, all men shall be
withdrawn and production shall be halted until all defects causing the
imminently dangerous condition are corrected;
(b) If an imminent danger affects only a portion of the mine, the persons whose
safety may be menaced thereby shall be withdrawn from the affected part of
the mine and production halted in that area until the dangerous condition is
corrected;
(c) Where production is necessary to correct the unsafe condition, it shall be
permitted to that extent, using only the necessary personnel; and
(d) Production at the affected area of a mine from which men are withdrawn
pursuant to this section may be resumed upon reinspection by a mine
inspector and a finding by that inspector that the mine is no longer imminently
unsafe.
In all emergency hearings, a departmental attorney, the Attorney General, the
Commonwealth's attorney, or the county attorney of the judicial circuit or county in
which the mine is situated shall appear for the Commonwealth and defend the
action.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 185, sec. 26, effective July 12, 2006. -- Amended
2000 Ky. Acts ch. 104, sec. 28, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 480, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 336,
effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 301, sec. 12, effective June
17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 280. -- Amended
1976 Ky. Acts ch. 62, sec. 122. -- Amended 1972 Ky. Acts ch. 303, sec. 38. -Amended 1952 Ky. Acts ch. 162, sec. 35, effective March 5, 1952. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 273925.
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