Kentucky Statutes 352.133 – Approved self-rescuer devices — Caches of devices — Locations — Requirements — Felony for removal
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(1) All underground miners shall be provided with an approved self-contained self- rescuer device and shall have that device within twenty-five (25) feet of them at all times. The self-contained self-rescuer shall be provided to the miners by the licensee at no cost to the miners.
(2) In addition to the requirements for self-contained self-rescuers set forth in this section, all licensed premises shall maintain caches of self-contained self-rescuer devices which shall be stored in locations readily accessible to the primary and secondary escapeways or provide proof of an order for self-contained self-rescuers through the submission of a valid purchase order that clearly names the vendor, contact information for the vendor, the number of devices purchased, and the date of the order, which shall not be later than thirty (30) days after July 12, 2006. In all cases, the self-contained self-rescuers shall be in place by July 1, 2007, or shall be extended by the commissioner upon substantiated proof of unavailability.
For details, see § 532.060
(a) The caches shall be maintained in sufficient numbers and locations determined in accordance with the most recent rules, standards, and regulations issued by the United States Mine Safety and Health Administration and this section.
(b) The caches shall be maintained in storage units capable of protecting the self- contained self-rescuers from water, dust, and any other condition which will cause deterioration of the self-contained self-rescuers.
(c) The storage unit locations shall have reflective signs that read “SELF- RESCUERS” conspicuously posted as to be visible from the primary and secondary escapeways.
(d) In addition to the requirements set forth in this section for self-contained self- rescuers, the mine operator shall provide for each person who is underground at least one (1) additional self-contained self-rescuer device which provides protection for a period of one (1) hour or longer, to cover all persons in the mine.
(e) If a mantrip or mobile equipment is used to enter or exit the mine, additional self-contained self-rescuer devices, each of which provides protection for a period of one (1) hour or longer, shall be available for all persons who use the transportation from portal to portal.
(3) It shall be a Class D felony for any person to remove a self-rescuer from the cache for purposes other than use during an emergency, or for repair, maintenance, or replacement or as authorized by the licensee.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 94, sec. 14, effective June 26, 2007. — Amended
2006 Ky. Acts ch. 185, sec. 16, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 355, sec. 13, effective July 15, 2002. — Created 1996 Ky. Acts ch. 308, sec. 46, effective April 9, 1996.
Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under
Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor’s signed copy of the Act was filed with the Secretary of
State.
(2) In addition to the requirements for self-contained self-rescuers set forth in this section, all licensed premises shall maintain caches of self-contained self-rescuer devices which shall be stored in locations readily accessible to the primary and secondary escapeways or provide proof of an order for self-contained self-rescuers through the submission of a valid purchase order that clearly names the vendor, contact information for the vendor, the number of devices purchased, and the date of the order, which shall not be later than thirty (30) days after July 12, 2006. In all cases, the self-contained self-rescuers shall be in place by July 1, 2007, or shall be extended by the commissioner upon substantiated proof of unavailability.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 352.133
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Approved: means that a device, apparatus, equipment, machinery, or practice employed in the mining of coal has been approved by the commissioner of the Department for Natural Resources. 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
- Operator: means the licensee, owner, lessee, or other person who operates or controls a coal mine. See Kentucky Statutes 352.010
- Statute: A law passed by a legislature.
(a) The caches shall be maintained in sufficient numbers and locations determined in accordance with the most recent rules, standards, and regulations issued by the United States Mine Safety and Health Administration and this section.
(b) The caches shall be maintained in storage units capable of protecting the self- contained self-rescuers from water, dust, and any other condition which will cause deterioration of the self-contained self-rescuers.
(c) The storage unit locations shall have reflective signs that read “SELF- RESCUERS” conspicuously posted as to be visible from the primary and secondary escapeways.
(d) In addition to the requirements set forth in this section for self-contained self- rescuers, the mine operator shall provide for each person who is underground at least one (1) additional self-contained self-rescuer device which provides protection for a period of one (1) hour or longer, to cover all persons in the mine.
(e) If a mantrip or mobile equipment is used to enter or exit the mine, additional self-contained self-rescuer devices, each of which provides protection for a period of one (1) hour or longer, shall be available for all persons who use the transportation from portal to portal.
(3) It shall be a Class D felony for any person to remove a self-rescuer from the cache for purposes other than use during an emergency, or for repair, maintenance, or replacement or as authorized by the licensee.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 94, sec. 14, effective June 26, 2007. — Amended
2006 Ky. Acts ch. 185, sec. 16, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 355, sec. 13, effective July 15, 2002. — Created 1996 Ky. Acts ch. 308, sec. 46, effective April 9, 1996.
Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under
Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor’s signed copy of the Act was filed with the Secretary of
State.