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KRS 352.280

Examination of mine by properly certified person -- Duties -- Frequency of examinations

Applied in 1 court decision — leading case Nancy J. McCarty v. Covol Fuels No. 2, LLC a Utah Corporation (2015)

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

(1) In all mines the licensee, mine manager, or superintendent shall employ one (1) or more properly certified persons.

(2) A properly certified person shall examine carefully, within three (3) hours before each shift enters the mine:

(a) Every working place;

(b) All places adjacent to live workings;

(c) Every roadway where persons are required to work or travel;

(d) All abandoned panels on the intake;

(e) Every set of seals on the intake; and (f) All roof falls near active workings on the intake and on the working sections.

(3) Before proceeding with the examination he shall see that the air current is traveling its proper course.

(4) A properly certified person shall use approved gas detection devices in the performance of the required examination and shall examine the entrances to all worked-out and abandoned portions adjacent to the intake roadways and working places under his charge where explosive gas is likely to accumulate.

(5) After examination, the properly certified person shall leave at or as close as possible to the face of every place examined the date and time of the examination and his initials as evidence that he has performed his duty.

(6) If an explosive mixture of gas is discovered, the properly certified person shall place a danger signal across the entrance to every place where explosive gas is discovered or where immediate danger is found to exist from any other cause. The signal shall be sufficient warning to ensure that persons do not enter the area.

(7) When the mine is idle and workmen are required to go into the mine, the section, portion, or part of the mine entered must be inspected by a properly certified person within three (3) hours before the workmen enter.

(8) Each week, a properly certified person designated by the mine foreman shall examine each set of seals on the return, all designated intake and return entries, and all escapeways.

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