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351.193 Safety rights of miners -- Settlement of disputes.
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 be assigned to correct the condition or may be assigned to other duties
until such time as the condition is resolved or corrected. No other miner shall be assigned
to perform this job until the condition is corrected. The miner or his authorized
representative and the company shall review the condition immediately and attempt to
resolve the dispute. Should the miner not have an authorized representative, he may
represent himself in the dispute. If the dispute is not settled by the company and the miner
or his or her authorized representative, either party reserves the right to call in the
commissioner or his authorized representative immediately and the dispute shall be
settled on the basis of the inspector's finding with a written copy of his finding given to
the company and the miner and his authorized representative. In the event no
representative of the miner exists, the employee shall have the right to have the dispute
resolved based on the inspector's findings. No disciplinary action shall be taken against a
miner by a licensee unless the miner is found by the commissioner or his authorized
representative to have acted in bad faith and without good cause in making an allegation
as to unsafe equipment or working conditions.
Effective: April 9, 1996
History: Amended 1996 Ky. Acts ch. 308, sec. 17, effective April 9, 1996. -- Amended
1994 Ky. Acts ch. 149, sec. 1, effective July 15, 1994. -- Created 1982 Ky. Acts
ch. 370, sec. 2, effective July 15, 1982.
Legislative Research Commission Note (4/9/96). The action taken with respect to this
statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under
Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor's signed copy of the Act was filed with the Secretary of
State.
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