Kentucky Statutes 352.210 – Conduct in mine — Intoxication, alcoholic beverage or controlled substance prohibited — Notification to director of violations of substance- or alcohol-abuse policies
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(1) No person shall knowingly injure any shaft, lamp, instrument, air course, or brattice; obstruct or throw open airways; disturb any part of the machinery or appliances; open a door used for directing ventilation without closing it afterwards; enter any part of a mine against caution; disobey any order given in carrying out any of the provisions of KRS Chapter 351 or 352; or do any act endangering the life or health of any person employed in the mine or endangering the security of the mine.
(2) No person shall enter or be on any licensed facility while intoxicated or under the influence of alcohol or a controlled substance or be in possession of any alcoholic beverage or controlled substance at any licensed facility; provided, however, this shall not apply to private vehicles driven to and from the mine.
(3) The licensee shall notify the director, by the close of the next business day, of any certified persons who have been discharged for violation of the company‘s substance-abuse or alcohol-abuse policies or who tested positive and failed to complete an employee assistance program.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 33, effective June 24, 2015. — Amended
2006 Ky. Acts ch. 241, sec. 21, effective July 12, 2006. — Amended 1976 (1st Extra Sess.) Ky. Acts ch. 8, sec. 23. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-37.
(2) No person shall enter or be on any licensed facility while intoxicated or under the influence of alcohol or a controlled substance or be in possession of any alcoholic beverage or controlled substance at any licensed facility; provided, however, this shall not apply to private vehicles driven to and from the mine.
Terms Used In Kentucky Statutes 352.210
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Director: means the director of the Division of Mine Safety. See Kentucky Statutes 352.010
- Licensee: means any owner, operator, lessee, corporation, partnership, or other person who procures a license from the department to operate a coal mine. See Kentucky Statutes 352.010
- Mine: means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. See Kentucky Statutes 352.010
- Shaft: means a vertical opening through the strata that is or may be used, in connection with the mining of coal, for the purpose of ventilation or drainage, or for hoisting men, coal, or materials. See Kentucky Statutes 352.010
(3) The licensee shall notify the director, by the close of the next business day, of any certified persons who have been discharged for violation of the company‘s substance-abuse or alcohol-abuse policies or who tested positive and failed to complete an employee assistance program.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 33, effective June 24, 2015. — Amended
2006 Ky. Acts ch. 241, sec. 21, effective July 12, 2006. — Amended 1976 (1st Extra Sess.) Ky. Acts ch. 8, sec. 23. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-37.