KRS 351.070: Duties of the commissioner -- Division of Mine Safety -- Secretary

may promulgate administrative regulations -- Family liaison -- Civil

monetary penalties.

(1) The commissioner shall have full authority over the department and shall

superintend and direct the activities of the mine safety specialists and other

personnel of the department. There is created within the Department for

Natural Resources a Division of Mine Safety.

(2) The secretary shall appoint a director to the Division of Mine Safety in

accordance with KRS 224.10-020(2) and prescribe his or her powers and

duties.

(3) The commissioner may, whenever necessary, divide the coal fields of the state

into as many inspection regions as necessary, so as to equalize as nearly as

practicable the work of each mine safety specialist, and may assign to the

specialists their respective regions.

(4) The commissioner may, whenever he or she deems it necessary in the interest

of efficient supervision of the mines, temporarily employ the services of

additional mine safety specialists or change specialists from one (1) region to

another.

(5) The commissioner shall superintend and direct the inspection of mines and

cause to be investigated the character and quality of air in mines whenever

conditions indicate the necessity of doing so.

(6) The commissioner shall collect statistics relating to coal mining in the state and

make an annual report of the statistics.

(7) The commissioner shall see that maps, plans, projections, and proposed

developments of all underground coal mines are made and filed in his office.

(8) The commissioner shall keep a properly indexed, permanent record of all

inspections made by himself and the personnel of the department.

(9) The commissioner shall exercise general supervision over the training of

officials and workmen in safety and first aid and mine rescue methods, and

may conduct demonstrations in safety whenever he deems it advisable.

(10) The commissioner shall exercise general supervision over the dissemination of

information among officials and employees concerning mine ventilation, mining

methods, and mine accidents and their prevention, and shall assume full

charge in the event of mine fire or explosion or other serious accident at any

mine in the state.

(11) The commissioner may assist in the resumption of operations of any mine or

gather data for the development of any coal seams that would be of any benefit

to the state or create new employment.

(12) The commissioner may prescribe reasonable safety standards governing the

use of explosives, and electrical and mechanical equipment in the operation of

open-pit or surface mines.

(13) The secretary of the Energy and Environment Cabinet shall have the power

and authority to promulgate, amend, or rescind any administrative regulations

he or she deems necessary and suitable for the proper administration of this

chapter. Administrative regulations may be promulgated, amended, or

rescinded by the secretary only after public hearing or an opportunity to be

heard thereon of which proper notice by publication pursuant to KRS Chapter

424, has been given. Administrative regulations so promulgated shall carry the

full force and effect of law.

(14) The commissioner shall ascertain the cause or causes of any coal mining

fatality and any accidents involving serious physical injury and, within sixty (60)

days of completion of the investigation, shall report his or her findings and

recommendations to the Governor, the Mine Safety Review Commission, and

the Legislative Research Commission. Accident interviews conducted by the

division shall be closed proceedings. The recommendations may include

without being limited to the need to promulgate or amend administrative

regulations to prevent the recurrence of the conditions causing the fatality.

Effective January 1, 2009, the division shall appoint an existing full-time

employee to act as a family liaison. The family liaison shall have the

responsibility during an accident investigation to keep the families of miners

informed of the progress and findings of the accident investigation. The family

liaison shall be trained in mining and in grief counseling.

(15) The commissioner shall assess civil monetary penalties against licensed

facilities for violations of laws in this chapter and KRS Chapter 352 pertaining

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. The Energy and Environment Cabinet shall promulgate

administrative regulations within ninety (90) days of July 12, 2006, providing for

the manner and method of the assessment of the penalties and appeals

therefrom. In no event shall the civil penalty assessed pursuant to this

subsection for the violation exceed five thousand dollars ($5,000). Nothing

contained in this subsection shall be construed to impair or contravene the

authority granted under KRS 351.025(2) for imposing penalties against

licensed facilities.