351.010 Definitions for chapter -- Applicability.
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/ky/chapter-351/351-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this chapter, unless the context requires otherwise:
(a)"Adulterated specimen" means a specimen containing a substance that is not a
normal constituent or containing an endogenous substance at a concentration
that is not a normal physiological concentration;
(b)"Approved" means that a device, apparatus, equipment, or machinery, or
practice employed in the mining of coal has been approved by the
commissioner of the Department for Natural Resources;
(c)"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;
(d)"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;
(e)"Commission" means the Mine Safety Review Commission created by KRS
351.1041;
(f)"Commissioner" means commissioner of the Department for Natural
Resources;
(g)"Department" means the Department for Natural Resources;
(h)"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;
(i)"Excavations and workings" means the excavated portions of a mine;
(j)"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;
(k)"Gassy mine." All mines shall be classified as gassy or gaseous;
(l)"Illicit substances" includes prescription drugs used illegally or in excess of
therapeutic levels as well as illegal drugs;
(m)"Intake air" means air that has not passed through the last working place 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%) oxygen, no
dangerous quantities of flammable gas, and no harmful amounts of poisonous
gas or dust;
(n)"Licensee" means any owner, operator, lessee, corporation, partnership, or
other person who procures a license from the department to operate a coal
mine;
(o)"Medical review officer" or "MRO" means a licensed physician with
knowledge of substance abuse disorders, laboratory testing, chain of custody,
collection procedures, and the ability to verify positive, confirmed test results.
The MRO shall possess the necessary medical training to interpret and
evaluate a positive test result in relation to the person's medical history or any
other relevant biomedical information;
(p)"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, but
which are administered as distinct units, shall be considered a separate mine;
(q)"Mine foreman" means a certified person whom the licensee or superintendent
places in charge of the workings of the mine and of the persons employed
therein;
(r)"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;
(s)"Open-pit mine" shall include open excavations and open-cut workings,
including but not limited to auger operations and highwall mining systems for
the extraction of coal. However, excavation of refuse from a coarse coal
refuse fill for reprocessing of the refuse, which is permitted and bonded under
KRS Chapter 350 and is regulated by the Mine Safety and Health
Administration, shall not be required to obtain a license under this chapter;
(t)"Operator" means the licensee, owner, lessee, or other person who operates or
controls a coal mine;
(u)"Permissible" refers to 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 and that
meets all requirements, restrictions, exceptions, limitations, and conditions
attached to the classification by the approving agency;
(v)"Preshift examination" means the examination of a mine or any portion
thereof where miners are scheduled to work or travel, which shall be
conducted not more than three
(3)hours before any oncoming shift;
(w)"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;
(x)"Serious physical injury" means an injury which has a reasonable potential to
cause death;
(y)"Shaft" means a vertical opening through the strata that is used in connection
with the mining of coal, for the purpose of ventilation or drainage, or for
hoisting men, coal, or materials;
(z)"Slope" means an inclined opening used for the same purpose as a shaft;
(aa)"Superintendent" means the person who, on behalf of the licensee, has
immediate supervision of one
(1)or more mines;
(ab)"Supervisory personnel" means a person certified under the provisions of this
chapter to assist in the supervision of a portion or the whole of the mine or of
the persons employed therein;
(ac)"Division" means the Division of Mine Safety;
(ad)"Director" means the director of the Division of Mine Safety;
(ae)"Probation" means the status of a certification or license issued by the
Division of Mine Safety that conditions the validity of the certification or
license upon compliance with orders of the Mine Safety Review Commission;
(af)"Final order of the commission" means an order which has not been appealed
to the Franklin Circuit Court within thirty
(30)days of entry, or an order
affirming the commission's order that has been entered by any court within
the Commonwealth and for which all appeals have been exhausted;
(ag)"Emergency medical technician" has the same meaning as in KRS 311A.010;
and
(ah)"Mine emergency technician" means a person that holds a current surface or
underground miner's certification in the Commonwealth and that has been
certified as having met all the requirements prescribed by the Division of
Mine Safety for that certification.
(2)Except as the context otherwise requires, this chapter applies only to commercial
coal mines.
(3)The definitions in KRS 352.010 apply also to this chapter, unless the context
requires otherwise.