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352.133
Approved self-rescuer devices -- Caches of devices -- Locations -Requirements -- Felony for removal.
(1)
(2)
(3)
All underground miners shall be provided with an approved self-contained selfrescuer device and shall have that device within twenty-five (25) feet of them at all
times. The self-contained self-rescuer shall be provided to the miners by the
licensee at no cost to the miners.
In addition to the requirements for self-contained self-rescuers set forth in this
section, all licensed premises shall maintain caches of self-contained self-rescuer
devices which shall be stored in locations readily accessible to the primary and
secondary escapeways or provide proof of an order for self-contained self-rescuers
through the submission of a valid purchase order that clearly names the vendor,
contact information for the vendor, the number of devices purchased, and the date
of the order, which shall not be later than thirty (30) days after July 12, 2006. In all
cases, the self-contained self-rescuers shall be in place by July 1, 2007, or shall be
extended by the commissioner upon substantiated proof of unavailability.
(a) The caches shall be maintained in sufficient numbers and locations
determined in accordance with the most recent rules, standards, and
regulations issued by the United States Mine Safety and Health
Administration and this section.
(b) The caches shall be maintained in storage units capable of protecting the selfcontained self-rescuers from water, dust, and any other condition which will
cause deterioration of the self-contained self-rescuers.
(c) The storage unit locations shall have reflective signs that read "SELFRESCUERS" conspicuously posted as to be visible from the primary and
secondary escapeways.
(d) In addition to the requirements set forth in this section for self-contained selfrescuers, the mine operator shall provide for each person who is underground
at least one (1) additional self-contained self-rescuer device which provides
protection for a period of one (1) hour or longer, to cover all persons in the
mine.
(e) If a mantrip or mobile equipment is used to enter or exit the mine, additional
self-contained self-rescuer devices, each of which provides protection for a
period of one (1) hour or longer, shall be available for all persons who use the
transportation from portal to portal.
It shall be a Class D felony for any person to remove a self-rescuer from the cache
for purposes other than use during an emergency, or for repair, maintenance, or
replacement or as authorized by the licensee.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 94, sec. 14, effective June 26, 2007. -- Amended
2006 Ky. Acts ch. 185, sec. 16, effective July 12, 2006. -- Amended 2002 Ky. Acts
ch. 355, sec. 13, effective July 15, 2002. -- Created 1996 Ky. Acts ch. 308, sec. 46,
effective April 9, 1996.
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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