352.010 Definitions for chapter.
1,336 words·~6 min read·
/ky/chapter-352/352-010A 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)"Abandoned workings" means excavations, either caved or sealed, that are
deserted and in which further mining is not intended, or open workings which
are ventilated and not inspected regularly;
(b)"Active workings" means all places in a mine that are ventilated and inspected
regularly;
(c)"Approved" means that a device, apparatus, equipment, machinery, or practice
employed in the mining of coal has been approved by the commissioner of the
Department for Natural Resources;
(d)"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;
(e)"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;
(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)"Director" means the director of the Division of Mine Safety;
(j)"Excavations and workings" means the excavated portions of a mine;
(k)"Face equipment" means mobile or portable mining machinery having electric
motors or accessory equipment normally installed or operated inby the last
open crosscut in any entry or room;
(l)"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;
(m)"Gassy mine." All underground mines shall be classified as gassy or gaseous;
(n)"High voltage" means any voltage of one thousand (1,000) volts or more;
(o)"Imminent danger" means the existence of any condition or practice which
could reasonably be expected to cause death or serious physical injury before
the condition or practice can be abated;
(p)"Inactive workings" shall include all portions of a mine in which operations
have been suspended for an indefinite period, but have not been abandoned;
(q)"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%) of oxygen, no
dangerous quantities of flammable gas, and no harmful amounts of poisonous
gas or dust;
(r)"Licensee" means any owner, operator, lessee, corporation, partnership, or
other person who procures a license from the department to operate a coal
mine;
(s)"Low voltage" means up to and including six hundred sixty
(660)volts;
(t)"Medium voltage" means voltages greater than six hundred sixty
(660)and up
to nine hundred ninety-nine
(999)volts;
(u)"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 and
which are administered as distinct units shall be considered separate mines;
(v)"Mine foreman" means a certified person whom the licensee, mine manager,
or superintendent places in charge of the workings of the mine and of persons
employed therein;
(w)"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;
(x)"NAD 83" means the North American Datum, 1983 version, in feet units;
(y)"Open-pit mine" shall include open excavations and open-cut workings
including 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;
(z)"Operator" means the licensee, owner, lessee, or other person who operates or
controls a coal mine;
(aa)"Permissible" means that 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 meets
all requirements, restrictions, exceptions, limitations, and conditions attached
to the classification;
(ab)"Preshift examination" refers to the examination of an underground mine or
part of a mine where miners are scheduled to work or travel, and shall be
conducted not more than three
(3)hours before any oncoming shift;
(ac)"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;
(ad)"Serious physical injury" means an injury which has a reasonable potential to
cause death;
(ae)"Shaft" means a vertical opening through the strata that is or may be used, in
connection with the mining of coal, for the purpose of ventilation or drainage,
or for hoisting men, coal, or materials;
(af)"Single Zone Projection" means the Kentucky Single Zone State Plane
Coordinate System of 1983, based on the Lambert Conformal Conical map
projection with double standard parallels on the North American Datum, 1983
version, as established in 10 KAR 5:010;
(ag)"Slope" means an inclined opening used for the same purpose as a shaft;
(ah)"Superintendent" means the person who, on behalf of the licensee, has
immediate supervision of one
(1)or more mines;
(ai)"Supervisory personnel" shall mean a person or persons certified under the
provisions of KRS Chapter 351 to assist in the supervision of a portion or the
whole of the mine or of the persons employed therein;
(aj)"Tipple or dumping point" means the structure where coal is dumped or
unloaded from the mine car into railroad cars, trucks, wagons, or other means
of conveyance;
(ak)"Working face" means any place in a coal mine at which the extraction of coal
from its natural deposit in the earth is performed during the mining cycle;
(al)"Working place" means the area of a coal mine inby the last open crosscut;
(am)"Working section" means all areas of a coal mine from the loading point to
and including the working faces; and
(an)"Workmanlike manner" means consistent with established practices and
methods utilized in the coal industry.
(2)The definitions in KRS 351.010 apply also to this chapter, unless the context
requires otherwise.
(3)Except as the context otherwise requires, this chapter applies only to commercial
mines as defined in KRS 351.010 and shall not apply to electrical facilities owned,
operated, or otherwise controlled by a retail electric supplier or generation and
transmission cooperative as defined in KRS 278.010 or organized under KRS
Chapter 279 for the purpose of communication, metering, or for the generation,
control, transformation, transmission, and distribution of electric energy located in
buildings used exclusively by utilities for such purposes or located outdoors on
property owned or leased by the utility or on public highways, streets, roads, or
outdoors by established easement rights on private property and that are covered by
the National Electric Safety Code
(NESC)or other applicable safety codes, or other
authorities having jurisdiction and shall not apply to installations under the
exclusive control of utilities for the purpose of communication, metering, or for the
generation, control, transformation, transmission, and distribution of electric energy
located in buildings used exclusively by utilities for such purposes or located
outdoors on property owned or leased by the utility or on public highways, streets,
roads, or outdoors by established rights on private property.