Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 8 - Sanctions and Penalties › Section 805 KAR 8:060 - Criteria for the imposition and enforcement of sanctions against licensed premises

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.010(1)(m), 351.025, 351.1041, 351.175,
				351.194, 352.010-352.550
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes
				the Secretary of the Energy and Environment Cabinet to promulgate
				administrative regulations necessary and suitable for the proper administration
				of KRS Chapter 351. KRS 351.025(2) requires the Department for Natural
				Resources to promulgate administrative regulations that establish comprehensive
				criteria for the Mine Safety Review Commission's imposition of penalties
				against licensed premises for violations of Kentucky mine safety laws that
				place miners in imminent danger of serious injury or death. KRS 351.070(15)
				requires the Cabinet to promulgate administrative regulations providing for the
				manner and method of assessing penalties by the Commissioner of the Department
				for Natural Resources against licensed facilities for violations of KRS
				Chapters 351 and 352 that relate to roof control plans, mine seal construction
				plans, unsafe working conditions and mine ventilation plans that could lead to
				imminent danger or serious physical injury. This administrative regulation
				establishes the criteria for the revocation, suspension, or probation of a
				mine's license, and the imposition of civil monetary penalties against a
				licensed premises.
Section 1.
			 Definitions.
(1) "Commission" means the Mine
			 Safety Review Commission.
(2)
			 "First offense" means the first violation by a licensed premises of a mine
			 safety law that places a miner in imminent danger of serious physical injury or
			 death, as adjudicated by the Mine Safety Review Commission, including:
(a) Failure to comply with the reporting
			 requirements set forth in KRS 352.180(1);
(b) The violation of a roof control plan,
			 mine seal construction plans, or mine ventilation plan; or
(c) Violations pertaining to unsafe working
			 conditions that may lead to imminent danger or serious physical
			 injury.
(3) "Licensed
			 facility" or "licensed premises" means "licensee", as defined by KRS 351.010(1)(o) and 352.010(1)(s).
(4) "Mine ventilation plan" means the
			 ventilation plan, including any revisions as approved by the United States Mine
			 Safety and Health Administration.
(5) "Related successor" means an entity that
			 obtains a license for a mine, if that entity is linked by common legal or
			 equitable ownership through one (1) or more owners, to a previous licensee for
			 that same mine or location.
(6)
			 "Second offense" means the second violation by a licensed premises of a mine
			 safety law that places a miner in imminent danger of serious physical injury or
			 death, as adjudicated by the Mine Safety Review Commission, including:
(a) Failure to comply with the reporting
			 requirements set forth in KRS 352.180(1);
(b) The violation of a roof control plan,
			 mine seal construction plans, mine ventilation plan; or
(c) Violations pertaining to unsafe working
			 conditions that may lead to imminent danger or serious physical
			 injury.
(7) "Subsequent
			 offense" means a violation beyond the third offense by a licensed premises of a
			 mine safety law that places a miner in imminent danger of serious physical
			 injury or death, as adjudicated by the Mine Safety Review Commission,
			 including:
(a) Failure to comply with the
			 reporting requirements set forth in KRS 352.180(1);
(b) The violation of a roof control plan,
			 mine seal construction plans, mine ventilation plan; or
(c) Violations pertaining to unsafe working
			 conditions that may lead to imminent danger or serious physical
			 injury.
(8) "Third
			 offense" means the third violation by a licensed premises of a mine safety law
			 that places a miner in imminent danger of serious physical injury or death, as
			 adjudicated by the Mine Safety Review Commission, including:
(a) Failure to comply with the reporting
			 requirements established in KRS 352.180(1);
(b) The violation of a roof control plan,
			 mine seal construction plans, mine ventilation plan; or
(c) Violations pertaining to unsafe working
			 conditions that may lead to imminent danger or serious physical
			 injury.
(9) "Unsafe
			 working conditions" means a condition that involves a hazard that:
(a) Can reasonably be expected to cause a
			 miner serious injury or death;
(b)
			 A foreman, superintendent or mine management was aware of or should have been
			 aware of; and
(c) Was allowed to
			 exist, without being corrected or addressed.