Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 351.020, 352.201, EO 2009-538
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes
the Environmental and Public Protection Cabinet to promulgate administrative
regulations necessary and suitable for the proper administration of KRS Chapter
351. 352.201 requires each underground mine to have an approved roof control
plan and directs that a person shall not proceed beyond temporary or permanent
roof support. EO 2009-538, effective June 12, 2009, abolishes the Environmental
and Public Protection Cabinet and establishes the new Energy and Environment
Cabinet. This administrative regulation establishes procedures for the
department's response in circumstances in which a person works or travels under
an unsupported roof.
Section 1.
Definitions.
(1) "Mine foreman" is defined by
KRS 351.010(1)(r).
(2) "Unsupported
roof" means the roof in a portion of an underground coal mine in which a
temporary or permanent roof support system has not been installed:
(a) Including all areas of an underground
coal mine, such as breaks, fall areas, and pillar lines; and
(b) Excluding a roof which has adequate
natural support either initially or following the installation of artificial
roof support.
Section
2.
(1)
(a) A person shall not work or travel under
an unsupported roof in an underground coal mine.
(b) Mining-related activities, including
equipment installation and maintenance, clean-up or activities preparatory to
the installation of temporary or permanent roof support shall not be performed
under an unsupported roof, and justification for performing these acts shall
not be accepted by the department.
(2)
(a) A
person working in an underground coal mine shall be instructed by management of
the mine of the hazards of proceeding beyond temporary or permanent roof
support.
(b) A person who proceeds
beyond temporary or permanent roof support shall be personally liable for
violation of proceeding beyond temporary or permanent roof support.
(c) A mine foreman or section foreman shall
exercise primary and ultimate responsibility to ensure that a person shall not
work or travel under an unsupported roof.
(3)
(a) If
an inspector for the department does not observe a person working or traveling
under an unsupported roof, the inspector shall determine if the area below an
unsupported roof appears to have been used or otherwise occupied by mining
personnel.
(b) Use or occupancy
shall be deemed to have occurred if there is physical evidence indicating to
the inspector that a person has worked or traveled under an unsupported
roof.
Section
3.
(1) If an inspector of the
department observes or determines that mine personnel have proceeded under an
unsupported roof, the inspector shall document the observation in a report to
the district supervisor. That report shall include:
(a) The name and location of the mine at
which the violation is alleged to have occurred;
(b) The time and date of the violation, if
known;
(c) The person observed or
believed to have worked or traveled under an unsupported roof;
(d) The basis for that belief if conduct was
not actually observed;
(e) The name
of the mine foreman or section foreman under whose responsibility the person
was working when the conduct occurred; and
(f) The name of the instructor who
administered the most recent training to the person alleged to have proceeded
under an unsupported roof, the date of that training, and the location at which
the training was administered.
(2) The report shall be tendered to the
district supervisor within two (2) working days of the date upon which the
inspector observes or becomes aware of the violation alleged.
(3) Upon receipt of the report from the
inspector, the district supervisor shall forward to the Executive Director of
the Office of Mine Safety and Licensing, a copy of the report and a letter
describing the severity of the violation and naming personnel who are
responsible for the violation.
STATUTORY AUTHORITY: KRS 351.070(13)
