{"data":{"id":"us-ky/krs-352.010","jurisdiction":"us-ky","citation":"KRS 352.010","heading":"Definitions for chapter.","body":"(1) As used in this chapter, unless the context requires otherwise:\n(a) \"Abandoned workings\" means excavations, either caved or sealed, that are\ndeserted and in which further mining is not intended, or open workings which\nare ventilated and not inspected regularly;\n(b) \"Active workings\" means all places in a mine that are ventilated and inspected\nregularly;\n(c) \"Approved\" means that a device, apparatus, equipment, machinery, or practice\nemployed in the mining of coal has been approved by the commissioner of the\nDepartment for Natural Resources;\n(d) \"Assistant mine foreman\" means a certified person designated to assist the\nmine foreman in the supervision of a portion or the whole of a mine or of the\npersons employed therein;\n(e) \"Commercial mine\" means any coal m ine from which coal is mined for sale,\ncommercial use, or exchange. This term shall in no instance be construed to\ninclude a mine where coal is produced for own use;\n(f) \"Commissioner\" means commissioner of the Department for Natural\nResources;\n(g) \"Department\" means the Department for Natural Resources;\n(h) \"Drift\" means an opening through strata or coal seams with opening grades\nsufficient to permit coal to be hauled therefrom, or which is used for the\npurpose of ventilation, drainage, ingress, egress, an d other purposes in\nconnection with the mining of coal;\n(i) \"Director\" means the director of the Division of Mine Safety;\n(j) \"Excavations and workings\" means the excavated portions of a mine;\n(k) \"Face equipment\" means mobile or portable mining machinery having electric\nmotors or accessory equipment normally installed or operated inby the last\nopen crosscut in any entry or room;\n(l) \"Fire boss\" (often referred to as mine examiner) means a person certified as a\nmine foreman or assistant mine foreman who is designated by management to\nexamine a mine or part of a mine for explosive gas or other dangers before a\nshift crew enters;\n(m) \"Gassy mine.\" All underground mines shall be classified as gassy or gaseous;\n(n) \"High voltage\" means any voltage of one thousand (1,000) volts or more;\n(o) \"Imminent danger\" means the existence of any condition or practice which\ncould reasonably be expected to cause death or serious physical injury before\nthe condition or practice can be abated;\n(p) \"Inactive workings\" shall include all portions of a mine in which operations\nhave been suspended for an indefinite period, but have not been abandoned;\n(q) \"Intake air\" means air that has not passed through the last working place of the\nsplit or by the unsealed entrances to abandoned workings and by analysis\ncontains not less than nineteen and one -half percent (19.5%) of oxygen, no\ndangerous quantities of flammable gas, and no harmful amounts of poisonous\ngas or dust;\n(r) \"Licensee\" means an y owner, operator, lessee, corporation, partnership, or\nother person who procures a license from the department to operate a coal\nmine;\n(s) \"Low voltage\" means up to and including six hundred sixty (660) volts;\n(t) \"Medium voltage\" means voltages greater than six hundred sixty (660) and up\nto nine hundred ninety-nine (999) volts;\n(u) \"Mine\" means any open pit or any underground workings from which coal is\nproduced for sale, exchange, or commercial use, and all shafts, slopes, drifts,\nor inclines leading thereto, and includes all buildings and equipment, above or\nbelow the surface of the ground, used in connection with the workings.\nWorkings that are adjacent to each other and under the same management and\nwhich are administered as distinct units shall be considered separate mines;\n(v) \"Mine foreman\" means a certified person whom the licensee, mine manager,\nor superintendent places in charge of the workings of the mine and of persons\nemployed therein;\n(w) \"Mine manager\" means a certified or noncertified person  whom the licensee\nplaces in charge of a mine or mines and whose duties include but are not\nlimited to operations at the mine or mines and supervision of personnel when\nqualified to do so;\n(x) \"NAD 83\" means the North American Datum, 1983 version, in feet units;\n(y) \"Open-pit mine\" shall include open excavations and open -cut workings\nincluding auger operations and highwall mining systems for the extraction of\ncoal. However, excavation of refuse from a coarse coal refuse fill for\nreprocessing of the refuse, which is permitted and bonded under KRS Chapter\n350 and is regulated by the Mine Safety and Health Administration, shall not\nbe required to obtain a license under this chapter;\n(z) \"Operator\" means the licensee, owner, lessee, or other person who operates or\ncontrols a coal mine;\n(aa) \"Permissible\" means that any equipment, device, or explosive that has been\napproved by the United States Bureau of Mines, the Mining Enforcement and\nSafety Administration, or the Mine Safety and Health Administration meets\nall requirements, restrictions, exceptions, limitations, and conditions attached\nto the classification;\n(ab) \"Preshift examination\" refers to the examination of an underground mine or\npart of a mine where miners are scheduled to work or travel, and shall be\nconducted not more than three (3) hours before any oncoming shift;\n(ac) \"Return air\" means air that has passed through the last active working place on\neach split, or air that has passed through abandoned, inaccessible, or pillared\nworkings;\n(ad) \"Serious physical injury\" means an injury which has a reasonable potential to\ncause death;\n(ae) \"Shaft\" means a vertical opening through the strata that is or may be used, in\nconnection with the mining of coal, for the purpose of ventilation or drainage,\nor for hoisting men, coal, or materials;\n(af) \"Single Zone Projection\" means the Kentucky Single Zone State Plane\nCoordinate System of 1983, based on the Lambert Conformal Conical map\nprojection with double standard parallels on the North American Datum, 1983\nversion, as established in 10 KAR 5:010;\n(ag) \"Slope\" means an inclined opening used for the same purpose as a shaft;\n(ah) \"Superintendent\" means the person who, on behalf of the licensee, has\nimmediate supervision of one (1) or more mines;\n(ai) \"Supervisory pers onnel\" shall mean a person or persons certified under the\nprovisions of KRS Chapter 351 to assist in the supervision of a portion or the\nwhole of the mine or of the persons employed therein;\n(aj) \"Tipple or dumping point\" means the structure where coal is dumped or\nunloaded from the mine car into railroad cars, trucks, wagons, or other means\nof conveyance;\n(ak) \"Working face\" means any place in a coal mine at which the extraction of coal\nfrom its natural deposit in the earth is performed during the mining cycle;\n(al) \"Working place\" means the area of a coal mine inby the last open crosscut;\n(am) \"Working section\" means all areas of a coal mine from the loading point to\nand including the working faces; and\n(an) \"Workmanlike manner\" means consistent with estab lished practices and\nmethods utilized in the coal industry.\n(2) The definitions in KRS 351.010 apply also to this chapter, unless the context\nrequires otherwise.\n(3) Except as the context otherwise requires, this chapter applies only to commercial\nmines as defined in KRS 351.010 and shall not apply to electrical facilities owned,\noperated, or otherwise controlled by a retail electric supplier or generation and\ntransmission cooperative as defined in KRS 278.010 or organized under KRS\nChapter 279 for the purpose of communication, metering, or for the generation,\ncontrol, transformation, transmission, and distribution of electric energy located in\nbuildings used exclusivel y by utilities for such purposes or located outdoors on\nproperty owned or leased by the utility or on public highways, streets, roads, or\noutdoors by established easement rights on private property and that are covered by\nthe National Electric Safety Code (NESC) or other applicable safety codes, or other\nauthorities having jurisdiction and shall not apply to installations under the\nexclusive control of utilities for the purpose of communication, metering, or for the\ngeneration, control, transformation, transmission, and distribution of electric energy\nlocated in buildings used exclusively by utilities for such purposes or located\noutdoors on property owned or leased by the utility or on public highways, streets,\nroads, or outdoors by established rights on private property.","path":["KRS Chapter 352"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50391","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"aea66f3958665eb752000f31177daf5303eb2e2e4505cd39845dff96546376d1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.9901","next":"us-ky/krs-352.015"},"notice":"GroundRules: Original legal text. Not legal advice."}