2014 Kentucky Revised Statutes
CHAPTER 352 - MINING REGULATIONS
352.030 Number of persons permitted to work in same air current or split-ventilation -- Repair.
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<![CDATA[352.030 Number of persons permitted to work in same air current or
split-ventilation -- Repair.
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As many as sixty (60) persons may work in the same air current or split, and
with the approval of the mine inspector and the commissioner, as many as
eighty (80) persons may work in the same air current. Each active section in a
mine shall be ventilated by a separate split of intake air. Every mine, and all
portions thereof, shall be ventilated by one (1) or more currents of air, which
shall contain not less than nineteen and one-half percent (19.5%) of oxygen,
nor any dangerous quantities of flammable gas, nor any harmful amount of
poisonous gases or dust, when the current of air enters into each split. The
ventilation shall be sufficient to prevent methane accumulations, so far as
practicable, and to keep the methane percentage in the return of any split to
not more than two percent (2%).
The ventilating current shall be circulated through the haulageways,
travelways, and airways to reach all portions of the mine, except sealed
sections; and it shall be circulated through the entries and rooms around the
ends of line brattice and along pillar lines. It shall be conducted to the last
breakthrough, or to the working faces if required, by means of stoppings, check
doors, curtains, and brattice that may be necessary or required, in order to
dilute, render harmless, and carry away the noxious and dangerous gases,
smoke, and dust liberated therein, and to supply a sufficient quantity of
ventilation for all emergencies. The ventilating current in the area of a mine's
belt entries shall be directed to an air return before the ventilating current
reaches the face area, unless the department, under certain conditions issues
a permit for belt air to be used at the coal face. The department shall render a
final written decision within sixty (60) calendar days of receipt of the permit
application.
When mine ventilation, formerly satisfactory and adequate, becomes deficient
in quality or quantity, the department shall have authority to order improvement
of the ventilation.
No licensee, superintendent, or mine foreman shall permit any person to work
at a place where sufficient ventilation cannot be maintained, except persons
employed to make the places of employment safe in compliance with the
requirements of this chapter, and while repair work necessary to comply with
the requirements is in progress no person shall be permitted to enter that part
of the mine affected except those actually employed in doing the repair work.
The repair work shall be done under the constant supervision of a certified
official designated by the mine foreman.
Each licensee shall adopt a plan which shall provide that when any mine fan
stops, immediate action shall be taken by the licensee or his agent:
(a) To withdraw all persons from the working sections;
(b) To cut off the power in the mine in a timely manner;
(c) To provide for restoration of power and resumption of work if ventilation is
restored within a reasonable period, of not more than fifteen (15) minutes,
as set forth in the plan after the working places and other active workings
where methane is likely to accumulate are reexamined by a certified
person to determine if methane in amounts of one percent (1%) or more
exists therein; and
(d) To provide for withdrawal of all persons from the mine if ventilation cannot
be restored within a reasonable time, of not more than fifteen (15)
minutes.
The plan and revisions thereof approved by the commissioner or his authorized
representative shall be set out in printed form and a copy shall be furnished to
the commissioner or his authorized representative.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 355, sec. 10, effective July 15, 2002. -Amended 1996 Ky. Acts ch. 308, sec. 23, effective April 9, 1996. -- Amended
1990 Ky. Acts ch. 243, sec. 1, effective July 13, 1990. -- Amended 1976 Ky.
Acts ch. 174, sec. 6. -- Amended 1972 Ky. Acts ch. 303, sec. 3. -- Amended
1952 Ky. Acts ch. 162, sec. 16, effective March 5, 1952. -- Amended 1946 Ky.
Acts ch. 120, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2739-19.
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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