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351.075 Exceptions to mandatory mine safety standards.
(1)
(2)
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 times guarantee no less than
the same measure of protection afforded the miners of such mine by such
standard, or that the application of such standard to such mine will result in a
diminution of safety to the miners in such mine. Upon receipt of such petition,
the commissioner shall give notice to the operator or the representative of
miners in the affected mine, as appropriate, and shall cause such investigation
to be made as he deems appropriate. Such investigation shall provide an
opportunity for a public hearing, at the request of such operator or
representative or other interested party, to enable the operator and the
representative of miners in such mine or other interested party to present
information relating to the modification of such standard.
The commissioner shall issue a decision incorporating his findings of fact
therein, and shall send a copy thereof to the operator or the representative of
the miners, as appropriate. Before granting any exception to a mandatory
safety standard, the findings of the commissioner or his authorized
representative shall be made available to the representative of the miners at
the affected coal mine.
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 16.
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