2013 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:
(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 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 adjudication and for the hearing of appeals from penalties
imposed by the Office of Mine Safety and Licensing, 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 26, 2007
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 ch. 149, sec. 6, effective March 20, 2001.
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