Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 8 - Sanctions and Penalties › Section 805 KAR 8:010 - Definitions for 805 KAR Chapter 8

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.025, 351.1041, 351.194
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.025(1) requires
				the Department of Mines and Minerals to promulgate administrative regulations
				that establish comprehensive criteria for the imposition and enforcement of
				sanctions against certified and noncertified personnel and owners and
				part-owners of licensed premises whose intentional violation of, or order to
				violate, mine safety laws places miners in imminent danger of serious injury or
				death. KRS 351.025(2) requires the department to promulgate administrative
				regulations that establish comprehensive criteria for the imposition of
				penalties against licensed premises if an owner or part-owner intentionally
				orders mine safety laws to be violated that place miners in imminent danger of
				serious injury or death. KRS 351.070(13) authorizes the department to
				promulgate administrative regulations necessary to properly administer KRS 351.010 to 351.9901. This administrative regulation establishes the definitions
				of terms used in  805 KAR 8:010 to  805 KAR 8:060.
Section 1. Definitions.
(1) "Certified mine foreman" or "foreman"
			 means any person who has procured a certificate from the department to perform
			 the work duties of a mine foreman or assistant mine foreman, either underground
			 or surface.
(2) "Certified miner"
			 or "certified personnel" means a miner, mine foreman, assistant mine foreman,
			 electrician, shotfirer, underground or surface mining instructor, or mine
			 emergency technician (MET).
(3)
			 "Commission" means the Kentucky Mine Safety Review Commission.
(4) "Equivalent to the value of the wages
			 received" means the average daily wages received by a noncertified person,
			 during a specified period to be determined by the Mine Safety Review
			 Commission, multiplied by the number of days for which the noncertified person
			 has been fined.
(5) "First offense"
			 means an individual's or entity's first intentional violation of, or order to
			 violate, a mine safety law which places a miner in imminent danger of serious
			 injury or death, as adjudicated by the Kentucky Mine Safety Review
			 Commission.
(6) "Gross value of the
			 production of the licensed premises" means the average sale price per ton of
			 coal multiplied by the number of tons of coal produced at the mine where the
			 first or subsequent offense occurred, during a specified period to be
			 determined by the Mine Safety Review Commission, multiplied by the number of
			 days for which the licensed premises has been fined.
(7) "Imminent danger" is defined by KRS 352.010(1)(p).
(8) "Intentional" or
			 "intentionally" means, with respect to conduct or to a result, that a person's
			 conscious objective is to engage in that conduct or cause that
			 result.
(9) "Licensed premises"
			 means any entity that has procured a license from the department to operate a
			 coal mine.
(10) "Noncertified
			 personnel" means any person in or around a coal mine who has not procured a
			 certificate from the department to perform particular work duties.
(11) "Part owner" means a person or other
			 entity with any ownership interest in a licensed premises, with the exception
			 of persons who own less than a one (1) percent share of publicly-traded
			 stock.
(12) "Serious injury" means
			 an injury involving extreme physical pain or the protracted impairment of a
			 function of a bodily member, organ, or mental faculty; or requiring medical
			 intervention greater than first aid, such as surgery or
			 hospitalization.
(13) "Subsequent
			 offense" means any intentional violation of, or order to violate, a mine safety
			 law which places a miner in imminent danger of serious injury or death, as
			 adjudicated by the Kentucky Mine Safety Review Commission, and which occurs
			 after the individual's or entity's first offense.
(14) "Willful" means voluntary and
			 intentional.