reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:130 - Underwater blasting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350, 351.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1. Underwater Blasting.
(1) A blaster shall conduct all blasting
			 operations, and no shot shall be fired without his approval.
(2) Loading tubes and casings of dissimilar
			 metals shall not be used because of possible electric transient currents from
			 galvanic action of the metals and water.
(3) Only water-resistant blasting caps and
			 detonating cords shall be used for all marine blasting. Loading shall be done
			 through a nonsparking metal loading tube when tube is necessary.
(4) No blast shall be fired while any vessel
			 under way is closer than 1,500 feet to the blasting area. Those on board
			 vessels or crafts moored or anchored within 1,500 feet shall be notified before
			 the blast is fired.
(5) No blast
			 shall be fired while any swimming or diving operations are in progress in the
			 vicinity of the blasting area. If such operations are in progress, signals and
			 arrangements shall be agreed upon to assure that no blast shall be fired while
			 any person is in the water.
(6)
			 Blasting flags shall be displayed.
(7) The storage and handling of explosives
			 aboard vessels used in underwater blasting operations shall be according to the
			 provisions outlined herein on handling and storing explosives.
(8) When more than one (1) charge is placed
			 underwater, a float device shall be attached to an element of each charge in
			 such a manner that it will be released by the firing. Misfires shall be handled
			 in accordance with the requirements of  805 KAR 4:140.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:135 - Blasting under compressed air

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350, 351.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1. Blasting in Excavation Work under
			 Compressed Air.
(1) Detonators and explosives
			 shall not be stored or kept in tunnels, shafts, or caissons. Detonators and
			 explosives for each round shall be taken directly from the magazines to the
			 blasting zone and immediately loaded. Detonators and explosives left over after
			 loading a round shall be removed from the working chambers before connecting
			 wires are connected.
(2) When
			 detonators or explosives are brought into an air lock, no employee except the
			 powder-man, blaster, lock tender and the employees necessary for carrying,
			 shall be permitted to enter the air lock. No other materials, supplies, or
			 equipment shall be locked through with the explosives.
(3) Detonators and explosives shall be taken
			 separately into pressure working chambers.
(4) The blaster or powderman shall be
			 responsible for the receipt, unloading, storage, and on-site transportation of
			 explosives and detonators.
(5) All
			 metal pipes, rails, air locks, and steel tunnel lining shall be electrically
			 bonded together and grounded at or near the portal or shaft, and such pipes and
			 rails shall be crossbonded together at not less than 1,000-foot intervals
			 throughout the length of the tunnel. In addition, each low air supply pipe
			 shall be grounded at its delivery end.
(6) The explosives suitable for use in wet
			 holes shall be water resistant and shall be in fume Class I.
(7) When tunnel excavation in rock face is
			 approaching mixed face, and when tunnel excavation is in mixed face, blasting
			 shall be performed with light charges and with light burden on each hole.
			 Advanced drilling shall be performed as tunnel excavation in rock face
			 approaches mixed face, to determine the general nature and extent of rock cover
			 and the remaining distance ahead to soft ground as excavation
			 advances.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:140 - Misfires

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.315, 351.350
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes
				the Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation establishes safety guidelines for licensed blasters
				in the event of a misfire.
Section 1.
(1) If a misfire is found, the blaster shall
			 guard the blasting area and exclude all employees from the danger
			 zone.
(2) No other work shall be
			 done except that necessary to remove the hazard of the misfire and only those
			 employees necessary to do the work shall remain in the danger zone.
(3) No attempt shall be made to extract
			 explosives from any charged or misfired hole; a new primer shall be put in and
			 the hole reblasted. If refiring on the misfired hole presents a hazard, the
			 explosives may be removed by washing out with water or, if the misfire is under
			 water, blown out with air.
(4) If
			 there is a misfire while using cap and fuse, all employees shall remain away
			 from the charge for at least one (1) hour.
(5) If electric blasting caps have been used,
			 employees shall not return to misfired holes for at least fifteen (15)
			 minutes.
(6) If a completely
			 nonelectric initiation system, other than safety fuse, has been used, persons
			 shall not return to a misfired hole for at least fifteen (15)
			 minutes.
(7) Drilling, digging, or
			 picking shall not be permitted until all missed holes have been detonated or
			 the authorized representative has approved that work can proceed.
(8) A misfire shall be handled under the
			 direction of the blaster in charge. All connections shall be carefully traced
			 and a search made for unexploded charges.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:145 - Inspection after blasting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350, 351.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1. Inspection after Blasting.
(1) Immediately after the blast has been
			 fired, the firing line shall be disconnected from the blasting machine, or
			 where power switches are used, they shall be locked open or in the "off"
			 position.
(2) Sufficient time shall
			 be allowed, not less than fifteen (15) minutes in tunnels, for the smoke and
			 fumes to leave the blasted area before returning to the shot. An inspection of
			 the area and the surrounding rubble shall be made by the blaster to determine
			 if all charges have been exploded before employees are allowed to return to the
			 operation.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:150 - Variances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350, 351.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1. Variances.
(1) The commissioner may grant variances from
			  805 KAR 4:070 to  805 KAR 4:150 if it can be demonstrated said variance improves
			 safety conditions; or that said variance will provide such safe conditions as
			 those which would prevail if there was compliance with the standard.
(2) Such a variance may be modified or
			 revoked by the commissioner.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:155 - Ground vibration standards for surface coal mines

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.330
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires that
				the Department for Natural Resources prescribe rules to ensure that the
				restrictions on maximum peak particle velocity be consistent with federal
				statutes and regulations. This administrative regulation effects those
				provisions.
Section 1. Blasting
			 operations conducted as part of surface coal mining, or as part of the surface
			 operations of an underground coal mine, shall comply with the standards
			 contained in this section.
(1) The maximum
			 allowable peak particle velocity for ground vibration measured at the location
			 of the nearest dwelling, public building, church or commercial building shall
			 not exceed the limits established in Table 1 as follows:
TABLE 1. PEAK PARTICLE VELOCITY LIMITS
Distance from blasting site in feet
Maximum peak particle velocity in
							 inches/second
0 to 300
1.25
301 to 5000
1.00
5001 and beyond
0.75
(2) The
			 peak particle velocity specified in this section shall be measured in three (3)
			 mutually perpendicular directions, and the maximum allowable limits shall apply
			 to each of these measurements.
(3)
			 The ground vibration limits shall not apply to property owned by the coal mine,
			 or to property on which the owner gives a written waiver to exceed the maximum
			 allowable limits.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:160 - Airblast

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.330
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires that
				the Department for Natural Resources prescribe rules to ensure that the use of
				explosives be done in a manner so that the safety of persons or property is not
				threatened. This administrative regulation provides rules to protect persons
				and property from the effects of excessive airblast.
Section 1.
(1) Maximum allowable airblast at any
			 dwelling, public building, school, church, commercial or institutional building
			 shall not exceed 129 decibels when measured by an instrument having a flat
			 frequency response (+/- 3 decibels) over a range of at least 6 to 200 hertz. If
			 the airblast is measured with an instrument having a flat frequency response
			 (+/- 3 decibels) over a range of at least 2 to 200 hertz, the corresponding
			 limit is 133 decibels.
(2) If the
			 department believes that the airblast from a blasting operation is exceeding or
			 threatening to exceed the limits in subsection (1), it may require that the
			 blaster monitor the air airblast for a specified period.
(3) The blaster shall take precautions,
			 including the adequate confinement of all explosive materials, to ensure that
			 the airblast limits in subsection (1) of this section are met.
(4) The department may require lower limits
			 than those specified in subsection 1 in the vicinity of buildings with
			 increased susceptibility to damage from airblast, such as those with large
			 plate glass windows, or in areas where excessive airblast could be deemed
			 unacceptable, such as near hospitals or schools.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:165 - Use of nonelectric initiation systems

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.330
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires that
				the Department for Natural Resources prescribe rules to ensure that the use of
				explosives be conducted in a manner so that the safety of persons or property
				is not threatened. This administrative regulation provides standards to prevent
				the misuse of nonelectric initiation systems.
Section 1.
(1) All nonelectric initiation systems and
			 components of these systems shall be used in accordance with their
			 manufacturers recommendations and instructions.
(2) All members of the blasting crew shall be
			 instructed in the safe use of the initiation system and its components. It
			 shall be the duty of the blaster in charge to provide adequate on-the-job
			 training and supervision in the safe use of such system.
(3) No tool shall be used to pry on any
			 component containing a detonator, nor shall any tool be used to open, close,
			 fasten, or clean out any connector containing a detonator of detonating
			 device.
(4) Components of any
			 initiating system shall be used as originally manufactured; no one shall
			 attempt to modify or alter any component of an initiation system. Components
			 which are defective, damaged, or incompatible shall not be used, but should be
			 returned to the manufacturer or properly destroyed.
(5) When using surface components which
			 detonate and throw shrapnel, such components shall be covered with adequate
			 amounts of earth of other materials to prevent cut-offs and misfires.
(6) All blasting operations shall cease
			 during the approach and progress of a thunderstorm, regardless of the type of
			 initiation system in use.
(7) All
			 detonators shall be completely embedded inside the primer cartridge, and
			 securely fastened in a manner to prevent excessive tension or bending of the
			 cord or tube.
(8) When and
			 explosive bulk truck or other vehicle is operated on a blast site, care shall
			 be taken to ensure that the vehicle is not driven over the tubing, connectors
			 of any surface delay component. Precautions shall be made to protect these
			 elements before the vehicle is operated on the blast site.
(9) When using a system with surface delays
			 or detonators, any row of holes near a highwall where there is a danger of
			 falling rocks shall be connected into the shot last.
(10) In multiple row blasts, the initiation
			 system shall not be connected from row to row until all drilling and loading
			 have been completed. In single row blasts, the components shall not be
			 connected from hole to hole until all drilling and loading are
			 completed.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 5 - Division of Mining › Section 805 KAR 5:010 - Fees for licenses to mine

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.175(3)
NECESSITY, FUNCTION AND CONFORMITY: KRS 351.175(3) requires the
				Department for Natural Resources to establish mine license fees. This
				administrative regulation establishes the fees to be charged for a license to
				operate a mine.
Section 1. The amount
			 of the license fee for a mine shall be established as follows:
(1) The annual license fee for a new mine
			 shall be $300. A "new mine" shall include a mine which has previously produced
			 coal, but was not licensed and operating in the immediately previous
			 year.
(2) The annual license fee
			 for a mine licensed and producing coal in the immediately preceding calendar
			 year shall be as follows:
(a) Mines producing
			 100,000 tons or less in the previous year - $300.
(b) Mines producing more than 100,000 tons in
			 the previous year - $300, plus $100 for each additional 100,000 tons mined or
			 part thereof.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 5 - Division of Mining › Section 805 KAR 5:030 - Prohibition against working or traveling under an unsupported roof; penalties

Current through Register Vol. 51, No. 1, July 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.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 5 - Division of Mining › Section 805 KAR 5:070 - Minimum requirements for roof support and the roof control plan approval process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 352.201
NECESSITY, FUNCTION, AND CONFORMITY: KRS 352.201 requires each
				underground coal mine to formulate and follow an approved roof control plan.
				This proposed administrative regulation establishes those minimum standards for
				roof support and the roof control plan approval process.
Section 1. Definitions. The definitions
			 established in KRS 351.010 and 352.010 shall apply to this administrative
			 regulation, in addition to those set out below:
(1) "Automated temporary roof support" or
			 "ATRS" means a mechanical device used to temporarily support the roof while
			 roof bolts are being installed.
(2)
			 "Automated temporary roof support system" means the devices and mechanisms -
			 including the ATRS - used, and methods followed by which ATRS is activated and
			 set to support the roof.
(3)
			 "Mining height" means the distance between the bottom of the coal seam and the
			 bottom of permanent mechanical roof support, and specifically does not include
			 or apply to the brushing of top or bottom for construction work and to coal
			 left unmined for purposes of providing additional roof support.
(4) "Pillar recovery" means any reduction in
			 pillar size during retreat mining.
(5) "Roof control plan" means the plan and
			 its revisions which has been adopted by the licensee for support of the mine
			 roof and approved by the commissioner or his authorized representative pursuant
			 to KRS 352.201(1).
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 7 - Miner Training, Education and Certification › Section 805 KAR 7:020 - Training to obtain a permit as an inexperienced miner

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.102, 351.1291
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102(3),
				351.106(1), and 351.1291(1) require the Department for Natural Resources to
				establish a program of education and training for prospective miners. KRS 351.106(12) authorizes the Secretary of the Energy and Environment Cabinet to
				promulgate administrative regulations necessary to implement KRS Chapter 351.
				This administrative regulation establishes a program of training necessary to
				obtain a permit as an inexperienced miner.
Section
			 1. Training and Certification to become an Inexperienced Miner.
(1) A candidate desiring to obtain a permit
			 as an inexperienced underground or surface miner shall be at least eighteen
			 (18) years of age prior to enrolling in a training program.
(2) The required training shall be documented
			 and include the following information:
(a)
			 Full name of person trained;
(b)
			 Miner identification number;
(c)
			 Type of mining operation;
(d) Type
			 of training received;
(e) Date
			 training completed;
(f) Subjects
			 taught in that training;
(g)
			 Signature of instructor;
(h)
			 Signature of miner;
(i)
			 Documentation providing proof the individual being trained is at least eighteen
			 (18) years of age; and
(j) Date of
			 signatures.
(3) The
			 documentation shall be embossed with the instructor's seal and an embossed copy
			 shall be provided to the miner.
(4)
(a) The certificate earned by completing the
			 training program shall be valid for twelve (12) months preceding initial
			 employment at a mine.
(b) If
			 employment is not obtained within twelve (12) months, annual retraining
			 requirements shall be successfully completed each year in accordance with  805 KAR 7:030 in order to maintain the inexperienced miner permit.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 7 - Miner Training, Education and Certification › Section 805 KAR 7:040 - Mine-specific training for newly employed miners

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.102, 351.103, 351.106, 351.1291
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102(3),
				351.106(1), and 351.1291(1) require the Department for Natural Resources to
				establish a mine-specific training program for newly employed miners. KRS 351.106(12) authorizes the Secretary of the Energy and Environment Cabinet to
				promulgate administrative regulations necessary to implement KRS Chapter 351.
				This administrative regulation establishes a program of mine-specific training
				for newly employed miners.
Section 1.
			 Mine-specific Training for Newly Employed Inexperienced Miners.
(1) Each newly employed inexperienced miner
			 shall receive a minimum of eight (8) hours of mine-specific training provided
			 by the licensee. The training shall:
(a) Be
			 performed by a Kentucky certified mine foreman or mining instructor;
			 and
(b) Apply to the mine where the
			 miner is to be employed.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 7 - Miner Training, Education and Certification › Section 805 KAR 7:050 - Training of underground and surface miners for new work assignments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.103, 351.106
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102(3) and
				351.106(1) require the Department for Natural Resources to establish a miner
				training program that includes training of miners who receive new work
				assignments. KRS 351.106(12) authorizes the Secretary of the Energy and
				Environment Cabinet to promulgate administrative regulations necessary to
				implement KRS Chapter 351. This administrative regulation establishes a program
				of training for underground and surface miners who receive new work
				assignments.
Section 1. Task Training.
(1) A miner who receives a new work
			 assignment shall not perform the work duties until he has completed a training
			 program as provided in subsection (2) of this section if his new work
			 assignment requires direct operation of:
(a)
			 Mechanical machinery;
(b)
			 Electrical machinery; or
(c)
			 Equipment in connection with:
1. Mobile
			 equipment operations;
2. Blasting
			 and drilling operations;
3. Haulage
			 and conveyor system operations; or
4. Roof control.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 7 - Miner Training, Education and Certification › Section 805 KAR 7:060 - Training program approval for underground and surface mining

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.101, 351.102, 351.1291
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102(3) and
				351.106(1) require the Department for Natural Resources to establish a program
				of education and training for a prospective miner to obtain a permit as an
				inexperienced underground or surface miner. KRS 351.106(12) authorizes the
				Secretary of the Energy and Environment Cabinet to promulgate administrative
				regulations necessary to implement KRS Chapter 351. This administrative
				regulation establishes the procedure for public and private entities to submit
				training programs to the Division of Mine Safety for approval.
Section 1. A training program to obtain a
			 permit as an inexperienced underground or surface miner shall be approved by
			 the Division of Mine Safety if:
(1) The
			 proposed program meets the criteria and objectives of  805 KAR 7:020;
			 and
(2) The instructors teaching
			 the program have been certified by the Kentucky Department for Natural
			 Resources and the U.S. Department of Labor, Mine Safety and Health
			 Administration.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 7 - Miner Training, Education and Certification › Section 805 KAR 7:070 - Record maintenance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.102, 351.105
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102 and 351.106
				require the Department of Mines and Minerals to establish criteria and
				conditions for a program of miner training and education. This administrative
				regulation promulgates the requirements for record maintenance necessary to
				administer the program.
Section 1.
			 Record Maintenance. The licensee shall maintain at the mine premises current
			 and accurate records of the following:
(1) The
			 dates annual retraining sessions were conducted and the persons who received
			 the annual retraining on those dates;
(2) The name of each newly-employed miner
			 during the current calendar year, the date on which he was employed, and the
			 date on which he received mine specific training; and
(3) The particular work assignments which
			 each miner is qualified to perform pursuant to  805 KAR 7:050.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 7 - Miner Training, Education and Certification › Section 805 KAR 7:080 - Training, certification, and annual retraining of mine emergency technicians

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.010(1)(n), (o), 351.127, 351.182,
				352.390
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes
				the secretary to promulgate administrative regulations necessary and suitable
				for the proper administration of this chapter. KRS 351.127(1) requires the
				department to promulgate administrative regulations establishing training
				requirements for mine emergency technicians. This administrative regulation
				establishes standards by which mine emergency technicians shall be trained,
				certified, and retrained.
Section 1.
			 Definitions.
(1) "Current" means, as applied
			 to training and its certification, the present status of training, as certified
			 by the agency that reviews or attests to it.
(2) "Emergency medical technician" or "EMT"
			 means a person who is certified by the Kentucky Board of Emergency Medical
			 Services.
(3) "Licensee" is defined
			 by KRS 351.010(1)(n).
(4) "Mine
			 emergency technician" or "MET" means a person certified by the Division of Mine
			 Safety.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 7 - Miner Training, Education and Certification › Section 805 KAR 7:090 - Hazard training

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.106, 352.350
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.106 requires the
				Department of Mines and Minerals to establish safety programs for miners and
				mine sites. This administrative regulation establishes a training program for
				visitors of a mine site.
Section 1.
			 Surface Hazard Training.
(1) Surface hazard
			 training shall be provided by the licensee to visitors exposed to mine surface
			 hazards.
(2) Hazard training shall
			 include:
(a) Hazard recognition and
			 avoidance;
(b) Emergency
			 procedures; and
(c) Mining and mine
			 safety related issues.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 11 - Drugs Workplace Certification › Section 805 KAR 11:010 - Requirements for application for certification of drug-free workplace

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.186
NECESSITY, FUNCTION AND CONFORMITY: KRS 351.070(13) authorizes
				the Secretary of the Environmental and Public Protection Cabinet to promulgate
				administrative regulations necessary and suitable for the proper administration
				of KRS Chapter 351. KRS 351.186 authorizes the Office of Mine Safety and
				Licensing to certify drug-free workplace programs implemented by an employer
				who is also a licensee, for the employer licensee to be eligible to obtain a
				credit on the licensee's premium for workers' compensation insurance. This
				administrative regulation establishes the requirements for applications
				submitted to the Office of Mine Safety and Licensing for certification of a
				drug-free workplace program.
Section 1.
			 Applicability.
(1) This administrative
			 regulation shall apply to an application for certification of a drug-free
			 workplace program implemented by an employer who is also a licensee.
(2) Employer participation in the Drug-Free
			 Workplace Program shall be voluntary.
(3) All drug or alcohol testing shall be
			 conducted:
(a) In accordance with applicable
			 federal and state requirements; and
(b) As required by this administrative
			 regulation for participants in the Drug-Free Workplace Program.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 11 - Drugs Workplace Certification › Section 805 KAR 11:020 - Requirements for certification of drug-free workplace

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.102, 351.1291, 351.182(7), (8),
				351.185(1)(a)-(e), 351.186
NECESSITY, FUNCTION AND CONFORMITY: KRS 351.070(13) authorizes
				the Secretary of the Environmental and Public Protection Cabinet to promulgate
				administrative regulations necessary and suitable for the proper administration
				of KRS Chapter 351. KRS 351.186 authorizes the Office of Mine Safety and
				Licensing to certify drug-free workplace programs implemented by an employer
				who is also a licensee, for the employer and licensee to be eligible to obtain
				a credit on the licensee's premium for workers' compensation insurance. This
				administrative regulation establishes the minimum requirements for
				certification of a drug-free workplace program.
Section 1. Review of Applications for
			 Certification of a Drug-free Workplace Program.
(1) The office shall review the application
			 for certification of a drug-free workplace program and make a written decision
			 concerning approval or denial of the application.
(2)
(a) If
			 the application has been denied, the notification of the decision shall include
			 specific reasons for the denial.
(b) The notification of the decision to
			 approve or deny the application shall be mailed to the licensee or applicant by
			 certified mail, return receipt requested, to the address listed on the
			 licensee's most recent mine license or mine license application.
(c) Service by certified mail shall be
			 complete:
1. Upon delivery of the
			 envelope;
2. Upon acceptance by any
			 person eighteen (18) years or older at the licensee or application
			 address;
3. Upon refusal to accept
			 by a person at the licensee address;
4. Upon the U.S. Postal Service's inability
			 to deliver the notification if properly addressed; or
5. Upon failure of the licensee or applicant
			 to claim the envelope prior to its return to the office by the U.S. Postal
			 Service.
(d) The return
			 receipt or envelope shall be proof of acceptance, refusal, inability to
			 deliver, or failure to claim the envelope.
(3) The licensee may appeal the rejection as
			 established in  825 KAR 1:020, Section 4.
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 2 - Administration › Section 806 KAR 2:060 - Complaints

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 304.2-160
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				304.2-110 authorizes the Commissioner of
				Insurance to promulgate administrative regulations necessary for or as an aid
				to the effectuation of any provision of the Kentucky Insurance Code, as defined
				in
				KRS
				304.1-010. This administrative regulation
				establishes the classification of complaints made to the Department of
				Insurance.
Section 1.
(1) When a written and signed complaint is
			 received by the Department of Insurance, the commissioner, within the
			 jurisdiction under the laws of this Commonwealth, shall make a determination,
			 as to the merits, of any received complaint.
(2) Upon final disposition of each complaint,
			 the commissioner shall make a finding as to if the complaint is justifiable,
			 unjustifiable, indeterminate, or a request for information, and record the
			 finding in its record. In making this finding, the commissioner shall be guided
			 by the common and accepted practice in the insurance industry and a fair and
			 reasonable application of the duties, responsibilities, and obligations of the
			 respective parties.
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 2 - Administration › Section 806 KAR 2:070 - Preservation of records

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 304.2-210-304.2-230,
				304.13-320,
				304.24-290
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				304.2-110 provides that the Commissioner of
				Insurance may make reasonable administrative regulations necessary for or as an
				aid to the effectuation of any provision of the Kentucky Insurance Code. This
				administrative regulation requires the preservation of records of insurers,
				holding companies, and advisory organizations for a minimum period of five (5)
				years and in a specified form.
Section
			 1. In order to enable the commissioner to perform the duties and
			 execute the powers placed upon him by
			 KRS
			 304.2-210,
			 304.2-220,
			 304.2-230,
			 304.13-320,
			 and 302.24-290 and to enforce compliance therewith, the accounts, records,
			 documents, experience, statistics, rating plans, rating systems, underwriting
			 rules, policy or bond forms, surveys, and inspections mentioned therein shall
			 be preserved in their entirety and kept available and open to the
			 commissioner's inspection, unless specifically excused by the commissioner, for
			 a period of not less than five (5) years following creation of the material or
			 the completion of the purpose for which it was created, whichever shall occur
			 last.
Section 2. Nothing in this
			 administrative regulation is intended to encourage the destruction of or
			 failure to preserve material at any time, particularly in view of the fact that
			 statutory periods of time in which causes of action accrue or may be brought
			 often exceed a five (5) year period.
Section
			 3. With reference to domestic insurers, the term "principal
			 records" as used in
			 KRS
			 304.24-290 shall include the material
			 referred to in Section 1 of this administrative regulation, and the material
			 shall not be removed from this state except in compliance with this
			 administrative regulation.
Section
			 4. Records required by this administrative regulation may be
			 maintained in their original forms, on microfilm, on data processing tapes or
			 cards, or by means of other forms of electronic storage. All records maintained
			 by electronic storage shall be capable of duplication to legible hard
			 copy.
STATUTORY AUTHORITY:
				  KRS
				  304.2-110
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 2 - Administration › Section 806 KAR 2:088 - Verification of risk location systems

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				91A.0804,
				91A.0806,
				304.2-100,
				304.2-310,
				304.3,
				304.10-030,
				304.10-160
NECESSITY, FUNCTION, AND CONFORMITY: EO 2008-507, signed June
				6, 2008, and effective June 16, 2008, created the Department of Insurance,
				headed by the Commissioner of Insurance.
				KRS
				91A.0806(1) requires the
				Department of Insurance to promulgate administrative regulations establishing
				criteria for the verification of risk location systems and programs. This
				administrative regulation establishes the risk location verification criteria,
				sets forth the process to obtain and renew verification, and sets forth the
				process for revocation of verification. This administrative regulation also
				establishes the process for an insurer with limited risks to request an order
				allowing an alternative form of risk location.
Section 1. Definitions.
(1) "Broker" is defined in
			 KRS
			 304.10-030.
(2) "Department" means the Department of
			 Insurance.
(3) "Insurance company"
			 means an entity holding a certificate of authority in accordance with KRS
			 Chapter 304.03.
(4) "Risk location
			 system or program" is defined in
			 KRS
			 91A.0802(2).
(5) "Verified entity" means a vendor,
			 insurance company or surplus lines broker that has received an order of
			 verification from the Department of Insurance.
(6) "Verified risk location system" means a
			 risk location system or program that is the subject of an effective order of
			 verification issued by the department that has not expired or otherwise been
			 revoked.
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 2 - Administration › Section 806 KAR 2:092 - Disclosure of local government taxes and collection fee

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				91A.080,
				91A.0804,
				91A.0810,
				304.3-150
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				91A.0810 requires an insurance company to
				disclose the amount of local government premium taxes charged to an insured and
				identify the taxing jurisdiction.
				KRS
				91A.080 provides the Department of Insurance
				with general oversight over the local government premium tax system and express
				authority to promulgate administrative regulations providing for a reasonable
				collection fee and the accounting and reporting procedures related to the
				collection and reporting of the license fees, taxes, and collection fees. HB
				524 of the 2008 Regular Session, which included new sections of Chapter 91A and
				required disclosures, reinforced the Department's authority by providing a two
				year period for assessments to pay for the Department's costs in administering
				the various local government premium tax requirements. This administrative
				regulation sets minimum standards for the disclosure of local government taxes
				and collection fees to policyholders.
Section
			 1. Definitions.
(1) "Collection
			 fee" means the fee established in
			 KRS
			 91A.080(4).
(2) "Insurance company" means:
(a) An entity holding a certificate of
			 authority in accordance with
			 KRS
			 304.3-150; and
(b) A surplus lines broker licensed in
			 accordance with
			 KRS
			 304.10-120.
(3) "Local government tax" or "tax" means the
			 license fee or tax imposed by a local government in accordance with
			 KRS
			 91A.080, except the collection fee.
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 2 - Administration › Section 806 KAR 2:095 - Accounting and reporting requirements for collecting local government premium tax

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				91A.080,
				304.10-120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				304.2-110(1) authorizes the
				Commissioner of Insurance to promulgate administrative regulations necessary
				for or as an aid to the effectuation of any provision of the Kentucky Insurance
				Code as established in
				KRS
				304.1-010.
				KRS
				91A.080(4) requires the
				department to promulgate administrative regulations for the collection and
				reporting of local government premium taxes. This administrative regulation
				establishes requirements for the accounting and reporting procedures to be used
				for the collection and reporting of a local government premium tax.
Section 1. Definitions.
(1) "Commissioner" is defined by
			 KRS
			 304.1-050(1).
(2) "Insurance company" shall mean:
(a) An entity holding a certificate of
			 authority in accordance with KRS Subtitle 304.3; and
(b) A surplus lines broker licensed in
			 accordance with
			 KRS
			 304.10-120.
(3) "Local government" is defined by
			 KRS
			 91A.0802(2).
(4) "Local government premium tax" shall mean
			 a tax or license fee levied pursuant to
			 KRS
			 91A.080.
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 2 - Administration › Section 806 KAR 2:097 - Filing of local government premium tax ordinances; notification to insurers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				91A.080,
				304.4-010
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				304.2-110 provides that the commissioner may
				make reasonable administrative regulations necessary for or as an aid to the
				effectuation of any provision of the Kentucky Insurance Code.
				KRS
				91A.080 authorizes the commissioner to adopt
				administrative regulations for the collection and reporting of local government
				premium taxes. This administrative regulation establishes procedures for
				notifying insurers of the contents of these local government premium tax
				ordinances.
Section 1. Definitions.
(1) "Commissioner" means the Commissioner of
			 the Kentucky Department of Insurance.
(2) "Local government premium taxes" means
			 taxes levied pursuant to
			 KRS
			 91A.080.
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 2 - Administration › Section 806 KAR 2:100 - Disclosure of insurance premium surcharge

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				136.392
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				136.392(1)(a) requires that
				the premium surcharge collected by an insurer shall be disclosed to
				policyholders pursuant to administrative regulations promulgated by the
				commissioner of the Department of Insurance. This administrative regulation
				establishes the manner in which the surcharge required by
				KRS 136.392 is
				to be disclosed to policyholders.
Section
			 1.
(1) Each policy subject to
			 KRS 136.392
			 issued to an insured shall include a notice, conspicuously placed on the
			 declarations page, renewal certificate, or billing instrument, indicating that
			 the premium includes the surcharge required by
			 KRS
			 136.392.
(2) The amount of surcharge shall be
			 separately itemized on the declarations page or billing instrument used by the
			 insurer for newly issued policies and renewals subject to
			 KRS
			 136.392.
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 3 - Authorization of Insurers and General Requirements › Section 806 KAR 3:110 - Authorization

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				304.3-070
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				304.3-070(1)(b) mandates
				that no insurer be authorized to transact a kind of insurance in this state
				unless duly authorized or qualified to transact a specific insurance in the
				state or county of its domicile. The function of this administrative regulation
				is to clarify a special circumstance to which such statute would not be
				applicable.
Section 1.
								KRS
			 304.3-070(1)(b) is not
			 applicable where the insurer requesting the authority is unable to write a
			 particular kind of insurance in the state of its domicile because that kind of
			 insurance is written there by a governmental monopoly.
STATUTORY AUTHORITY:
				  KRS
				  304.2-110
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 3 - Authorization of Insurers and General Requirements › Section 806 KAR 3:150 - Standards for consideration of a hazardous financial condition

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				304.2-310,
				304.3-200,
				304.3-240,
				304.3-241,
				304.3-242,
				304.06, 304.07,
				304.33-140,
				304.37,
				304.49-010(8),
				304.33-190
NECESSITY, FUNCTION, AND CONFORMITY: EO 2009-535, signed June
				12, 2009, created the Department of Insurance, headed by the Commissioner of
				Insurance.
				KRS
				304.2-110 provides that the Executive
				Director of Insurance may make reasonable administrative regulations necessary
				for or as an aid to the effectuation of any provision of the Kentucky Insurance
				Code, as defined in
				KRS
				304.1-010. This administrative regulation
				establishes standards which the Commissioner of the Department of Insurance may
				use for identifying insurers found to be in a condition to render the
				continuance of their business hazardous to policyholders, creditors, or the
				public.
Section 1. Definitions.
(1) "Commissioner" means the Commissioner of
			 the Kentucky Department of Insurance.
(2) "Insurer" means any of the entities
			 listed in
			 KRS 304.33-020
			 and an industrial insured captive insurer as defined in
			 KRS
			 304.49-010(8).
Kentucky Administrative Regulations › Title 806 - PUBLIC PROTECTION CABINET - DEPARTMENT OF INSURANCE › Chapter 3 - Authorization of Insurers and General Requirements › Section 806 KAR 3:160 - Life and health reinsurance agreements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				304.3-240,
				304.5-120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				304.2-110 provides that the Executive
				Director of Insurance may promulgate administrative regulations to implement
				the Kentucky Insurance Code, KRS Chapter 304. This administrative regulation
				restricts the use of life and health reinsurance agreements as "surplus relief"
				if the effect is to distort reporting of the life and health insurer's true
				financial condition, take credit for or a reduction from liability for
				reinsurance agreements which do not involve a transfer of risk, and which
				conceal the fact that the insurer is in hazardous financial condition.
Section 1. Purpose and Scope.
(1) This administrative regulation shall
			 apply to all:
(a) Domestic life and health
			 insurers;
(b) Other authorized life
			 and health insurers that are not subject to a substantially similar
			 administrative regulation in their domiciliary state; and
(c) Licensed property and casualty insurers
			 with respect to their health business.