351.075 Exceptions to mandatory mine safety standards.
234 words·~1 min read·
/ky/chapter-351/351-075A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Upon petition by the operator or the representative of miners, the commissioner
may modify the application of any mandatory safety standard to a mine if the
commissioner determines that an alternative method of achieving the result of such
standard exists which will at all times guarantee no less than the same measure of
protection afforded the miners of such mine by such standard, or that the application
of such standard to such mine will result in a diminution of safety to the miners in
such mine. Upon receipt of such petition, the commissioner shall give notice to the
operator or the representative of miners in the affected mine, as appropriate, and
shall cause such investigation to be made as he deems appropriate. Such
investigation shall provide an opportunity for a public hearing, at the request of
such operator or representative or other interested party, to enable the operator and
the representative of miners in such mine or other interested party to present
information relating to the modification of such standard.
(2)The commissioner shall issue a decision incorporating his findings of fact therein,
and shall send a copy thereof to the operator or the representative of the miners, as
appropriate. Before granting any exception to a mandatory safety standard, the
findings of the commissioner or his authorized representative shall be made
available to the representative of the miners at the affected coal mine.