351.070 Duties of the commissioner -- Division of Mine Safety -- Secretary
761 words·~3 min read·
/ky/351-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
may promulgate administrative regulations -- Family liaison -- Civil
monetary penalties.
(1)The commissioner shall have full authority over the department and shall
superintend and direct the activities of the mine safety specialists and other
personnel of the department. There is created within the Department for
Natural Resources a Division of Mine Safety.
(2)The secretary shall appoint a director to the Division of Mine Safety in
accordance with KRS 224.10-020(2) and prescribe his or her powers and
duties.
(3)The commissioner may, whenever necessary, divide the coal fields of the state
into as many inspection regions as necessary, so as to equalize as nearly as
practicable the work of each mine safety specialist, and may assign to the
specialists their respective regions.
(4)The commissioner may, whenever he or she deems it necessary in the interest
of efficient supervision of the mines, temporarily employ the services of
additional mine safety specialists or change specialists from one
(1)region to
another.
(5)The commissioner shall superintend and direct the inspection of mines and
cause to be investigated the character and quality of air in mines whenever
conditions indicate the necessity of doing so.
(6)The commissioner shall collect statistics relating to coal mining in the state and
make an annual report of the statistics.
(7)The commissioner shall see that maps, plans, projections, and proposed
developments of all underground coal mines are made and filed in his office.
(8)The commissioner shall keep a properly indexed, permanent record of all
inspections made by himself and the personnel of the department.
(9)The commissioner shall exercise general supervision over the training of
officials and workmen in safety and first aid and mine rescue methods, and
may conduct demonstrations in safety whenever he deems it advisable.
(10)The commissioner shall exercise general supervision over the dissemination of
information among officials and employees concerning mine ventilation, mining
methods, and mine accidents and their prevention, and shall assume full
charge in the event of mine fire or explosion or other serious accident at any
mine in the state.
(11)The commissioner may assist in the resumption of operations of any mine or
gather data for the development of any coal seams that would be of any benefit
to the state or create new employment.
(12)The commissioner may prescribe reasonable safety standards governing the
use of explosives, and electrical and mechanical equipment in the operation of
open-pit or surface mines.
(13)The secretary of the Energy and Environment Cabinet shall have the power
and authority to promulgate, amend, or rescind any administrative regulations
he or she deems necessary and suitable for the proper administration of this
chapter. Administrative regulations may be promulgated, amended, or
rescinded by the secretary only after public hearing or an opportunity to be
heard thereon of which proper notice by publication pursuant to KRS Chapter
424, has been given. Administrative regulations so promulgated shall carry the
full force and effect of law.
(14)The commissioner shall ascertain the cause or causes of any coal mining
fatality and any accidents involving serious physical injury and, within sixty
days of completion of the investigation, shall report his or her findings and
recommendations to the Governor, the Mine Safety Review Commission, and
the Legislative Research Commission. Accident interviews conducted by the
division shall be closed proceedings. The recommendations may include
without being limited to the need to promulgate or amend administrative
regulations to prevent the recurrence of the conditions causing the fatality.
Effective January 1, 2009, the division shall appoint an existing full-time
employee to act as a family liaison. The family liaison shall have the
responsibility during an accident investigation to keep the families of miners
informed of the progress and findings of the accident investigation. The family
liaison shall be trained in mining and in grief counseling.
(15)The commissioner shall assess civil monetary penalties against licensed
facilities for violations of laws in this chapter and KRS Chapter 352 pertaining
to roof control plans, mine seal construction plans, unsafe working conditions,
and mine ventilation plans that could lead to imminent danger or serious
physical injury. The Energy and Environment Cabinet shall promulgate
administrative regulations within ninety
(90)days of July 12, 2006, providing for
the manner and method of the assessment of the penalties and appeals
therefrom. In no event shall the civil penalty assessed pursuant to this
subsection for the violation exceed five thousand dollars ($5,000). Nothing
contained in this subsection shall be construed to impair or contravene the
authority granted under KRS 351.025(2) for imposing penalties against
licensed facilities.