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352.180 Notice of accident -- Altering accident scene -- Report of occupational
injury -- Investigation, assistance, and records -- Failure to comply -- Testing
post-accident -- Investigative powers of commissioner.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(a)
The superintendent of a mine or, if he or she is absent, the mine manager, or,
if he or she is absent, the mine foreman in charge of the mine or his or her
designee, shall, within fifteen (15) minutes of having actual knowledge of the
occurrence of an accident as defined in 30 C.F.R. sec. 50.2(h)(1) to (9), and
having access to the communication system as required under KRS
352.630(3), give notice to the department and to the representative of the
miner, stating the particulars of the accident.
(b) No person shall alter the scene of a mining accident in a manner that will
interfere with the department's investigation of the accident, except to the
extent necessary to rescue an individual or to eliminate an imminent danger.
An occupational injury, as defined in 30 C.F.R. sec. 50.2(e), shall be reported in
writing to the department within ten (10) business days on the cabinet-approved
occupational injury form.
Upon receipt of notification of an occurrence set forth in subsection (1) of this
section, the mine safety specialist shall immediately go to the scene of the accident
and make an investigation and suggestions and render the assistance as he deems
necessary for the future safety of the employees, investigate the cause of the fire,
explosion, or accident, make a record thereof, and forward it to the commissioner.
The record of the investigations shall be preserved with the other records of the
commissioner's office. To aid in making the investigations, the commissioner or the
mine safety specialist may compel the attendance of witnesses and administer oaths.
Failure to comply with the reporting requirements set forth in subsection (1) of this
section shall create a rebuttable presumption of an intentional order to violate mine
safety laws that places miners in imminent danger of serious physical injury or
death and shall be subject to revocation, suspension, or probation of the mine
license and a civil monetary penalty of not less than ten thousand dollars ($10,000)
nor more than one hundred thousand dollars ($100,000).
The Division of Mine Safety may require testing of certified persons to determine
whether the presence of intoxicants or controlled or illicit substances are a
contributing factor in any mine accident in which serious physical injury or loss of
life occurs or which was reported under this section. The director or his or her
designee may order the testing of certified persons who:
(a) Were working in the immediate area of the accident; or
(b) In the judgment of the director or his designee, may reasonably have
contributed to or witnessed the accident or fatality.
The post-accident testing permitted by subsection (6) of this section shall:
(a) Meet all guidelines set forth in KRS 351.182, 351.183, 351.184, and 351.185;
(b) Be paid for by the Division of Mine Safety; and
(c) Be performed on samples obtained within eight (8) hours of the accident.
(8)
(9)
Toxicology screens and eleven-panel drug testing shall be performed on victims
when death occurs on mine property. The testing pursuant to this subsection may be
performed on specimens of either blood, saliva, or other appropriate bodily fluids.
The commissioner or his or her authorized representative may compel the
attendance of witnesses and administer oaths to investigate allegations of unsafe
mining conditions or violations of mining laws even if no accident or injury has
occurred.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 85, sec. 15, effective July 14, 2018. -- Amended
2015 Ky. Acts ch. 87, sec. 31, effective June 24, 2015. -- Amended 2007 Ky. Acts
ch. 94, secs. 19 and 20, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 185,
sec. 19, effective July 12, 2006; and ch. 241, sec. 20, effective July 12, 2006. -Amended 1996 Ky. Acts ch. 308, sec. 33, effective April 9, 1996. -- Amended 1972
Ky. Acts ch. 303, sec. 17. -- Amended 1952 Ky. Acts ch. 162, sec. 25, effective
March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 2739-27.
Legislative Research Commission Note (7/12/2006). This section was amended by
2006 Ky. Acts chs. 185 and 241. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists, Acts ch. 185, which was last enacted by
the General Assembly, prevails under KRS 446.250.
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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