2014 Kentucky Revised Statutes
CHAPTER 352 - MINING REGULATIONS
352.010 Definitions for chapter.
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<![CDATA[352.010 Definitions for chapter.
(1)
As used in this chapter, unless the context requires otherwise:
(a) "Abandoned workings" means excavations, either caved or sealed, that
are deserted and in which further mining is not intended, or open
workings which are ventilated and not inspected regularly;
(b) "Active workings" means all places in a mine that are ventilated and
inspected regularly;
(c) "Approved" means that a device, apparatus, equipment, machinery, or
practice employed in the mining of coal has been approved by the
commissioner of the Department for Natural Resources;
(d) "Assistant mine foreman" means a certified person designated to assist
the mine foreman in the supervision of a portion or the whole of a mine or
of the persons employed therein;
(e) "Board" means the Mining Board created in KRS 351.105;
(f) "Commercial mine" means any coal mine from which coal is mined for
sale, commercial use, or exchange. This term shall in no instance be
construed to include a mine where coal is produced for own use;
(g) "Commissioner" means commissioner of the Department for Natural
Resources;
(h) "Department" means the Department for Natural Resources;
(i) "Drift" means an opening through strata or coal seams with opening
grades sufficient to permit coal to be hauled therefrom, or which is used
for the purpose of ventilation, drainage, ingress, egress, and other
purposes in connection with the mining of coal;
(j) "Excavations and workings" means the excavated portions of a mine;
(k) "Executive director" means the executive director of the Office of Mine
Safety and Licensing;
(l) "Face equipment" means mobile or portable mining machinery having
electric motors or accessory equipment normally installed or operated
inby the last open crosscut in any entry or room;
(m) "Fire boss" (often referred to as mine examiner) means a person certified
as a mine foreman or assistant mine foreman who is designated by
management to examine a mine or part of a mine for explosive gas or
other dangers before a shift crew enters;
(n) "Gassy mine." All underground mines shall be classified as gassy or
gaseous;
(o) "High voltage" means any voltage of one thousand (1,000) volts or more;
(p) "Imminent danger" means the existence of any condition or practice
which could reasonably be expected to cause death or serious physical
injury before the condition or practice can be abated;
(q) "Inactive workings" shall include all portions of a mine in which operations
have been suspended for an indefinite period, but have not been
abandoned;
(r) "Intake air" means air that has not passed through the last working place
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(ab)
(ac)
(ad)
(ae)
(af)
of the split or by the unsealed entrances to abandoned workings and by
analysis contains not less than nineteen and one-half percent (19.5%) of
oxygen, no dangerous quantities of flammable gas, and no harmful
amounts of poisonous gas or dust;
"Licensee" means any owner, operator, lessee, corporation, partnership,
or other person who procures a license from the department to operate a
coal mine;
"Low voltage" means up to and including six hundred sixty (660) volts;
"Medium voltage" means voltages greater than six hundred sixty (660)
and up to nine hundred ninety-nine (999) volts;
"Mine" means any open pit or any underground workings from which coal
is produced for sale, exchange, or commercial use, and all shafts, slopes,
drifts, or inclines leading thereto, and includes all buildings and
equipment, above or below the surface of the ground, used in connection
with the workings. Workings that are adjacent to each other and under the
same management and which are administered as distinct units shall be
considered separate mines;
"Mine foreman" means a certified person whom the licensee, mine
manager, or superintendent places in charge of the workings of the mine
and of persons employed therein;
"Mine manager" means a certified or noncertified person whom the
licensee places in charge of a mine or mines and whose duties include
but are not limited to operations at the mine or mines and supervision of
personnel when qualified to do so;
"NAD 83" means the North American Datum, 1983 version, in feet units;
"Open-pit mine" shall include open excavations and open-cut workings
including auger operations and highwall mining systems for the extraction
of coal;
"Operator" means the licensee, owner, lessee, or other person who
operates or controls a coal mine;
"Permissible" means that any equipment, device, or explosive that has
been approved by the United States Bureau of Mines, the Mining
Enforcement and Safety Administration, or the Mine Safety and Health
Administration meets all requirements, restrictions, exceptions, limitations,
and conditions attached to the classification;
"Preshift examination" refers to the examination of an underground mine
or part of a mine where miners are scheduled to work or travel, and shall
be conducted not more than three (3) hours before any oncoming shift;
"Return air" means air that has passed through the last active working
place on each split, or air that has passed through abandoned,
inaccessible, or pillared workings;
"Serious physical injury" means an injury which has a reasonable
potential to cause death;
"Shaft" means a vertical opening through the strata that is or may be
used, in connection with the mining of coal, for the purpose of ventilation
(2)
(3)
or drainage, or for hoisting men, coal, or materials;
(ag) "Single Zone Projection" means the Kentucky Single Zone State Plane
Coordinate System of 1983, based on the Lambert Conformal Conical
map projection with double standard parallels on the North American
Datum, 1983 version, as established in 10 KAR 5:010;
(ah) "Slope" means an inclined opening used for the same purpose as a shaft;
(ai) "Superintendent" means the person who, on behalf of the licensee, has
immediate supervision of one (1) or more mines;
(aj) "Supervisory personnel" shall mean a person or persons certified under
the provisions of KRS Chapter 351 to assist in the supervision of a portion
or the whole of the mine or of the persons employed therein;
(ak) "Tipple or dumping point" means the structure where coal is dumped or
unloaded from the mine car into railroad cars, trucks, wagons, or other
means of conveyance;
(al) "Working face" means any place in a coal mine at which the extraction of
coal from its natural deposit in the earth is performed during the mining
cycle;
(am) "Working place" means the area of a coal mine inby the last open
crosscut;
(an) "Working section" means all areas of a coal mine from the loading point
to and including the working faces; and
(ao) "Workmanlike manner" means consistent with established practices and
methods utilized in the coal industry.
The definitions in KRS 351.010 apply also to this chapter, unless the context
requires otherwise.
Except as the context otherwise requires, this chapter applies only to
commercial mines as defined in KRS 351.010 and shall not apply to electrical
facilities owned, operated, or otherwise controlled by a retail electric supplier or
generation and transmission cooperative as defined in KRS 278.010 or
organized under KRS Chapter 279 for the purpose of communication,
metering, or for the generation, control, transformation, transmission, and
distribution of electric energy located in buildings used exclusively by utilities
for such purposes or located outdoors on property owned or leased by the
utility or on public highways, streets, roads, or outdoors by established
easement rights on private property and that are covered by the National
Electric Safety Code (NESC) or other applicable safety codes, or other
authorities having jurisdiction and shall not apply to installations under the
exclusive control of utilities for the purpose of communication, metering, or for
the generation, control, transformation, transmission, and distribution of electric
energy located in buildings used exclusively by utilities for such purposes or
located outdoors on property owned or leased by the utility or on public
highways, streets, roads, or outdoors by established rights on private property.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 79, sec. 12, effective June 25, 2009. -Amended 2006 Ky. Acts ch. 185, sec. 13, effective July 12, 2006; and ch. 241,
sec. 19, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 123, sec. 62,
effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 37, sec. 1, effective July
13, 2004. -- Amended 2002 Ky. Acts ch. 355, sec. 8, effective July 15, 2002. -Amended 1998 Ky. Acts ch. 480, sec. 5, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 308, sec. 21, effective April 9, 1996. -- Amended 1978 Ky.
Acts ch. 301, sec. 9, effective June 17, 1978. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 8, sec. 19. -- Amended 1976 Ky. Acts ch. 174, sec. 4. -Amended 1974 Ky. Acts ch. 308, sec. 61. -- Amended 1972 Ky. Acts ch. 303,
sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 258. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-1.
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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