(1) After June 16, 1972, on single-track haulage roads in mines, which the persons employed in the mine must use while performing their work or while traveling on foot to and from their work, there shall be places of refuge on one (1) side not less than five (5) feet in depth from the side of the mine car, and five (5) feet wide, and not more than ninety (90) feet apart. Refuge holes of the same dimensions shall also be provided at switch throws.
(2) Special places of refuge are not required on haulage roads on which room necks or breakthroughs occur at regular intervals not exceeding ninety (90) feet, and thus furnish places of refuge, or on haulage roads in which the track is so laid as to give a minimum clearance on one (1) side of not less than thirty (30) inches from the side of any haulage engine or any mine car, the clearance to be on the side of the road opposite that upon which electric wires are strung, if electric wires are strung in the road.

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Terms Used In Kentucky Statutes 352.150

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Mine foreman: means a certified person whom the licensee, mine manager, or superintendent places in charge of the workings of the mine and of persons employed therein. See Kentucky Statutes 352.010
  • Slope: means an inclined opening used for the same purpose as a shaft. See Kentucky Statutes 352.010
  • Statute: A law passed by a legislature.
  • Supervisory personnel: shall mean a person or persons certified under the provisions of KRS Chapter 351 to assist in the supervision of a portion or the whole of the mine or of the persons employed therein. See Kentucky Statutes 352.010

(3) No unauthorized person shall travel on foot to or from work upon any haulage road or slope where transportation is by track, when other roads in proper condition for travel are available.
(4) On all main haulage roads where hauling is done by machinery the mine foreman shall provide a proper system of signals, and a conspicuous light or marker approved by the commissioner on the front and rear of every trip or train of cars when in motion in the mine.
(5) Mantrips shall be operated at safe speeds consistent with the condition of roads and type of equipment used and shall be so controlled that they can be stopped within the limits of visibility, in no event at a speed in excess of twelve (12) miles per hour.
(6) Each mantrip consisting of more than one (1) mine car of men shall be under the charge of a certified official, and it shall be operated independently of any loaded trip of coal or other material.
(7) Cars on the mantrip shall not be overloaded, and sufficient cars in good mechanical condition shall be provided.
(8) No material or tools except small hand tools shall be transported in the same car with men on any mantrip unless in a separate, enclosed compartment of the car, and all persons shall ride inside of mantrip cars, except the motorman and brakeman or trip rider.
(9) Men shall not load or unload before the cars in which they are to ride or are riding come to a full stop, and men shall proceed in an orderly manner to and from mantrips.
(10) A waiting station shall be provided where men are required to wait for mantrips or man-cages. It shall have sufficient room, ample clearance from moving equipment, and adequate seating facilities.
(11) Power wires shall be guarded effectively at mantrip stations where there is a possibility of any person coming in contact with energized electric wiring while
loading or unloading from the mantrip.
(12) Cars used for transporting men on slopes shall be equipped with a safety device capable of stopping the trip in event of failure of the rope or couplings. The device shall be approved by the commissioner.
(13) Where belts are used for transporting men, unless the commissioner finds that a safety hazard exists which cannot be corrected, the belt transport will be allowed, and a minimum clearance of eighteen (18) inches shall be maintained between the belt and the roof or cross bars, projecting equipment, cap pieces, overhead cables, wiring, and other objects; but where the height of the coal bed permits, the clearance shall not be less than twenty-four (24) inches.
(14) Unless a greater speed is allowed by special permission from the commissioner, in which event the conditions, limitations, and rules imposed in connection with the grant of permission shall be observed, the belt speed shall not exceed two hundred fifty (250) feet per minute where the minimum overhead clearance is eighteen (18) inches, or three hundred (300) feet per minute when the minimum overhead clearance is twenty-four (24) inches, while men are loading, unloading, or being transported.
(15) The space between men riding on a belt line shall not be less than six (6) feet. (16) Loading and unloading stations shall be illuminated properly.
(17) A certified official or some other supervisory personnel appointed by the mine foreman shall supervise all mantrips.
(18) At all mines utilizing track haulage or transportation, there shall be developed a safe and uniform system of traveling through all switch points to prevent collisions. This system shall be designed in a manner which ensures that all persons can determine who has the right of way in all circumstances. Information concerning this system shall be included in annual retraining.
(19) Efficient equipment, either mobile or self-propelled, equipped with sufficient first- aid equipment and supplies, shall be available on all underground sections where men are present to transport all injured workers to the surface.
(20) At those mines that do not have a contract or other arrangement for providing ambulance service, a 4-wheel-drive vehicle or other vehicle suitable to the terrain equipped with sufficient first-aid equipment and supplies shall be available to the mines or preparation facilities for the transportation of injured workers. At those mines that have a contract or other arrangement for providing ambulance service, the access road to the mine or preparation facility shall be kept in a condition which is passable by the ambulance vehicle or other emergency rescue equipment.
(21) The commissioner shall be empowered to draft additional administrative regulations providing for transportation of men when necessary.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 94, sec. 17, effective June 26, 2007. — Amended
2006 Ky. Acts ch. 185, sec. 18, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 355, sec. 15, effective July 15, 2002. — Amended 1996 Ky. Acts ch. 308, sec. 31, effective April 9, 1996. — Amended 1982 Ky. Acts ch. 202, sec. 1, effective July 15,
1982. — Amended 1976 Ky. Acts ch. 174, sec. 10. — Amended 1972 Ky. Acts ch.
303, sec. 15. — Amended 1952 Ky. Acts ch. 162, sec. 22, effective March 5, 1952. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-42.
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.