HB 207 (BR 58) - B. Yonts, J. Crenshaw, C. Embry Jr, D. Graham, J. Jenkins, D. Sims
AN ACT relating to mine safety.
Amend KRS 351.025 to permit sanctions for violations of both state and federal mine safety laws and establish procedures to make reports to the U.S. Mine Safety and Health Administrations for violations under KRS 351.193; allow for the Mine Safety Review Commission to adjudicate and hear appeals of violations of all mine safety laws; amend KRS 351.030 to permit spouses of miners killed in accidents, miners injured in an accident, and miners significantly affected to be granted the right of full intervention; amend KRS 351.070 to allow a representative of a miner killed in a coal mining accident to attend accident interviews; require mine seal construction plans be submitted to the department; amend KRS 351.090 to require six underground inspections annually and require that at least two inspections include an electrical inspection; amend KRS 351.1041 to allow the Mine Safety Review Commission to investigate unsafe working conditions, make the commissioners full-time employees, and clarify that the commission and employees working on its behalf have subpoena power; amend KRS 351.1055 to require the commissioner to implement the recommendations of the mine equipment panel; amend KRS 351.106 to require eight hours annual training on changes in mine safety laws, technology, and ways to improve safe practices for mine foremen; prohibit the commissioner from granting certification to a miner whose certification was suspended or revoked by another state; amend KRS 351.127 to require two certified emergency medical technicians to be on duty during a shift; amend KRS 351.140 to provide for six underground inspections and require that two of those inspections include electrical inspections; amend KRS 351.175 to require a mine seal construction plan and roof control plan be submitted to the commissioner when obtaining a license; amend KRS 351.191 to require underground operators to have a mine rescue team within thirty minutes' driving time and allow small operators to contract for mine rescue service; amend KRS 351.193 to require the commissioner be informed in the case that a miner has exercised the right to refuse under unsafe conditions; amend KRS 351.194 to require administrative regulations to be promulgated for violations of both state and federal laws and that hearings be conducted in accordance with KRS Chapter 13B and KRS Chapter 351; amend KRS 351.990 to add the penalty for violation of KRS 351.193 from $250 to not more than $5,000; amend KRS 352.020 to require 24-hour ventilation of mine workings if fans had not worked for eight hours prior to the shift going underground; amend KRS 352.030 to prohibit use of beltline for air intake; amend KRS 352.090 to require seal construction plans and certification of those plans; amend KRS 352.133 to revise the intervals for self-contained self-rescuers and to locate them in both the primary and secondary escapeways; amend KRS 352.135 to require that lifeline cords be constructed of fireproof materials; amend KRS 352.145 to require preshift examinations and preoperational examinations at surface mines; require recording of equipment examinations; amend KRS 352.150 to provide an efficient means of transporting miners in case of an emergency; amend KRS 352.170 to require miners working underground during a shift to carry a gas detection device; amend KRS 352.220 to require at least one certified electrician be employed on every working shift.
HB 207 - AMENDMENTS
HCS - Retain original provisions of HB 207; delete state authority to issue citations and levy fines and penalties for violations of federal mine safety laws; permit intervention only in the penalty phase of an administrative hearing for the executor or administrator of a deceased miner's estate or designee rather than the spouse of the deceased miner; delete right to have a representative of a miner attend accident interviews and close accident interviews; require the Office of Mine Safety and Licensing to appoint a full-time employee to serve as a family liaison who is trained in grief counseling and mining; add unsafe working conditions to the existing authority of the commissioner for levying civil fines and penalties; require criminal background checks for mine inspectors, mine safety analysts, electrical inspectors, and mine safety instructors; delete requirement to make the commissioners of Mine Safety Review Commission full-time employees; delete requirement for the commissioner to implement the recommendations of the Mine Equipment Review Panel; require the panel to annually report to the executive director of the Office of Mine Safety and Licensing and the Interim Joint Committee on Agriculture and Natural Resources; require six hours of additional training for mine foremen effective January 1, 2009; permit the Mining Board to grant an equivalent certification for a mining certification from out-of-state and to impose a probationary period for those miners whose out of state certification had expired; require two emergency medical technicians (EMT) or mine emergency technicians (MET) to be employed on the shift engaged in production of coal and at least one EMT or MET for nonproduction shifts; require at least one EMT or MET to be underground when miners are underground; restore requirement for an additional EMT or MET for every 50 employees at the mine; delete provision that requires mine rescue teams be available within 30 minutes and provisions for contracting for mine rescue; delete permissive provision for informing the commissioner of an unsafe working condition dispute; delete application of fines and penalties for unsafe working condition dispute; require ventilation fans to be in operation unless turned off for repairs and if stopped, then they must run for a period of time to ensure equalization of air; restore use of beltline air and authority of OMSL to permit use of beltline air; delete requirement for mine seal construction plan to be certified by mine superintendent after inspection and certification by a licensed engineer; delete intervals for caches of self-contained self-rescuers and requirement for location in both primary and secondary escapeways; delete requirement for intrinsically safe strobe lights attached to caches; require 180 days after the effective date that lifeline cords be constructed of flame resistant rather than flameproof materials; require separate preshift examinations for surface mining operations and preoperational equipment checks; delete requirement for mines to provide an efficient means for transporting all miners out of the mine in the case of an emergency; require the mine operator to provide an MSHA-approved multi-gas detector to each group of underground miners, miners working alone, and outby miners; provide for training in use of the multi-gas detection device; delete 15-minute reporting requirements for other serious accidents; amend KRS 352.201 to require notification of OMSL of a retreat or mine pillaring operation and ensure use of the approved pillar removal plan; qualify that the certified electrician shall be employed on the working shift if electrical work is to be performed at all underground mines and surface mines operating draglines and highwall miners; establish January 1, 2009, effective date for implementation of inspections; establish a January 1, 2008, effective date for implementation of requirements on multi-gas detectors.
HFA (1, J. Gooch Jr) - Create a 60-day prohibition on attorneys contacting victims of a mine disaster; set the penalty for violation as a Class A misdemeanor.
HFA (2, B. Yonts) - Retain original provisions of HB 207/HCS; require ventilation fans to be in continuous use while miners are underground; require seals to be certified by the mine superintendent after inspection and certification by a licensed engineer; prohibit use of beltline air for ventilation; require an efficient way of transporting miners out of the mine after an accident or emergency; require that all miners working underground on a shift be supplied with a multi-gas detection device approved by MSHA; require at least one electrician to be working when miners are on a shift for all underground mines and surface mines operating draglines and highwalls.
HFA (3, R. Webb) - Require that MSHA approve multi-gas detection devices be available to each miner in a group of miners that are on a shift underground.
HFA (4, R. Webb) - Delete the word "additionally" from electrical inspection requirements and requires adequate transportation of miners out of the mine in the event of an accident or other emergency.
HFA (5, R. Webb) - Require mine ventilation fans to run continuously and require mine seals to be constructed in accordance with a mine seal construction plan that is certified in writing by the mine foreman or mine superintendent.
HFA (6, R. Webb) - Require that at least one certified electrician be on duty on every working shift at all underground mines and surface mines operating draglines and highwall miners.
HFA (7, K. Hall) - Delete the authority of OMSL to subpoena witnesses in investigations of unsafe working conditions when no accident or injury has occurred.
HFA (8, K. Hall) - Require OMSL to use the fatality report to create a safety bulletin to recommend best safety practices to prevent future accidents of similar type; require the bulletin to be sent to all certified miners employed at mines in Kentucky.
HFA (9, K. Hall) - Require two mine emergency technicians (MET) or emergency medical technicians (EMT) at underground mines of 50 or more employees and one MET or EMT for less than 50 employees.
HFA (10, K. Hall) - Require the operator rather than the office to ensure coal miners know the retreat mining or pillaring removal plan.
HFA (11, K. Hall) - Retain the six inspections but delete provisions mandating the commissioner to conduct specific types of inspections.
SCS - Retain original provisions of HB 207/GA; clarify that there are no more than six inspections total of underground coal mines; require the mine seal construction plan and the roof control plan to be MSHA approved and filed with the state; permit the mine ventilation fan to stop for no more than 15 minutes before evacuating the mine; allow miners to return to the mine if the stoppage of the fan is no longer than 15 minutes and the miners have not reached the surface; allow area to be pre-shifted prior to miners returning to work on the section; allow multi-gas detectors to be provided to miners in a group of two or more working in close proximity, the foreman, fireboss, and anyone working alone and one gas detector is made available at the face of the mine for any miner to use working on the section; require transportation of all injured workers from the mine; require electrical work to be performed by a certified electrician; require the secretary of the Environmental and Public Protection Cabinet to hire not more than 15 mine analysts if funds are available; require the commissioner for natural resources to study the efficacy of utilizing risk-based assessment for determining the number of inspections at mines.
Jan 5-introduced in House
Feb 6-to Natural Resources and Environment (H)
Feb 21-posting waived
Feb 22-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 23-2nd reading, to Rules
Feb 26-floor amendment (1) filed to Committee Substitute
Mar 1-posted for passage in the Regular Orders of the Day for Friday, March 2, 2007
Mar 2-floor amendment (2) filed to Committee Substitute
Mar 5-floor amendments (3) (4) (5) and (6) filed to Committee Substitute
Mar 6-floor amendments (7) (8) (9) (10) and (11) filed to Committee Substitute ; 3rd reading, passed 100-0 with Committee Substitute, floor amendments (3) (4) (5) and (6)
Mar 7-received in Senate
Mar 8-to Agriculture & Natural Resources (S); taken from committee; 1st reading; returned to Agriculture & Natural Resources (S)
Mar 9-taken from committee; 2nd reading; returned to Agriculture & Natural Resources (S)
Mar 12-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Monday, March 12; 3rd reading, passed 36-0 with Committee Substitute ; received in House; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 96-0; enrolled, signed by each presiding officer; delivered to Governor
Mar 23-signed by Governor (Acts Ch. 94)