{"data":{"id":"us-ky/krs-352.180","jurisdiction":"us-ky","citation":"KRS 352.180","heading":"Notice of accident -- Altering accident scene -- Report of occupational","body":"injury -- Investigation, assistance, and records -- Failure to comply -- Testing\npost-accident -- Investigative powers of commissioner.\n(1) (a) The superintendent of a mine  or, if he or she is absent, the mine manager, or,\nif he or she is absent, the mine foreman in charge of the mine or his or her\ndesignee, shall, within fifteen (15) minutes of having actual knowledge of the\noccurrence of an accident as defined in 30 C.F.R.  sec. 50.2(h)(1) to (9), and\nhaving access to the communication system as required under KRS\n352.630(3), give notice to the department and to the representative of the\nminer, stating the particulars of the accident.\n(b) No person shall alter the scene of a  mining accident in a manner that will\ninterfere with the department's investigation of the accident, except to the\nextent necessary to rescue an individual or to eliminate an imminent danger.\n(2) An occupational injury, as defined in 30 C.F.R. sec. 50.2(e ), shall be reported in\nwriting to the department within ten (10) business days on the cabinet -approved\noccupational injury form.\n(3) Upon receipt of notification of an occurrence set forth in subsection (1) of this\nsection, the mine safety specialist shal l immediately go to the scene of the accident\nand make an investigation and suggestions and render the assistance as he deems\nnecessary for the future safety of the employees, investigate the cause of the fire,\nexplosion, or accident, make a record thereof, and forward it to the commissioner.\n(4) The record of the investigations shall be preserved with the other records of the\ncommissioner's office. To aid in making the investigations, the commissioner or the\nmine safety specialist may compel the attendance of witnesses and administer oaths.\n(5) Failure to comply with the reporting requirements set forth in subsection (1) of this\nsection shall create a rebuttable presumption of an intentional order to violate mine\nsafety laws that places miners in imminent d anger of serious physical injury or\ndeath and shall be subject to revocation, suspension, or probation of the mine\nlicense and a civil monetary penalty of not less than ten thousand dollars ($10,000)\nnor more than one hundred thousand dollars ($100,000).\n(6) The Division of Mine Safety may require testing of certified persons to determine\nwhether the presence of intoxicants or controlled or illicit substances are a\ncontributing factor in any mine accident in which serious physical injury or loss of\nlife occ urs or which was reported under this section. The director or his or her\ndesignee may order the testing of certified persons who:\n(a) Were working in the immediate area of the accident; or\n(b) In the judgment of the director or his designee, may reasonably  have\ncontributed to or witnessed the accident or fatality.\n(7) The post-accident testing permitted by subsection (6) of this section shall:\n(a) Meet all guidelines set forth in KRS 351.182, 351.183, 351.184, and 351.185;\n(b) Be paid for by the Division of Mine Safety; and\n(c) Be performed on samples obtained within eight (8) hours of the accident.\n(8) Toxicology screens and eleven -panel drug testing shall be performed on victims\nwhen death occurs on mine property. The testing pursuant to this subsection may be\nperformed on specimens of either blood, saliva, or other appropriate bodily fluids.\n(9) The co mmissioner or his or her authorized representative may compel the\nattendance of witnesses and administer oaths to investigate allegations of unsafe\nmining conditions or violations of mining laws even if no accident or injury has\noccurred.","path":["KRS Chapter 352"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47738","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:38Z","sha256":"72f66c1801b82ca00864cebe5a2b6fad50d97affe107a82e7091da356fd0b116","source_id":"us-ky","stale":false,"prev":"us-ky/krs-352.175","next":"us-ky/krs-352.190"},"notice":"GroundRules: Original legal text. Not legal advice."}