KRS § 352.010 — KY Code / Title XXVIII / Chapter 352 / Section 352.010
352.010 Definitions for chapter
Status: in_force

352.010 Definitions for chapter.

(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.