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KRS 351.101

Declaration of legislative finding of fact

Applied in 3 court decisions — leading case Cumberland Valley Contractors, Inc. v. Bell County Coal Corp. (2007)

Most recently applied in Nancy J. McCarty v. Covol Fuels No. 2, LLC a Utah Corporation (October 2015)

Effective: July 12, 2006 History: Amended 2006 Ky

How often courts cite this section

20072010201510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The General Assembly hereby finds and declares the following:

(1) The highest priority and concern of the Commonwealth must be the health and safety of the coal industry's most valuable resource, the miner.

(2) The continued prosperity of the coal industry is of primary importance to the state.

(3) A high priority must be given to increasing the productivity and competitiveness of the mines in this state.

(4) An inordinate number of miners are killed or injured during the first few months of their experience in a mine and upon acquiring new work assignments in a mine.

(5) These injuries result in the loss of life and serious injury to miners and are an impediment to the future growth of the state's coal industry.

(6) Mining is a technical occupation with various specialties requiring individualized training and education.

(7) Injuries can be reduced through proper miner training, education, and certification.

(8) Mine safety can be improved by the imposition and enforcement of sanctions against licensed premises and certified and noncertified personnel whose willful and repeated violations of mine safety laws place miners in imminent danger of serious injury or death.

(9) Abuse of illicit substances and alcohol in the mining industry represents a serious threat to the health and safety of all miners. Substance and alcohol abuse adversely affect the health and safety of miners. Mine safety can be significantly improved by establishing as a condition of certification that miners remain drug and alcohol free.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.