805 KAR 7:030. Annual retraining.


      RELATES TO: KRS 351.106

      STATUTORY AUTHORITY: KRS 351.105, 351.106

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.106 requires the Department of Mines and Minerals to establish an annual miner retraining program according to the criteria and standards determined by the Mining Board. This administrative regulation establishes the requirements and terms of the annual retraining program.


      Section 1. (1) A certified underground miner shall receive a minimum of sixteen (16) hours of annual retraining. At least eight (8) hours of the annual retraining shall be:

      (a) Administered in a classroom;

      (b) Conducted by a Kentucky certified underground mining instructor and the amount of training documented on the training form defined in Section 1(3) of this administrative regulation and embossed with the instructor’s seal;

      (2) The balance of the annual retraining shall be administered in segments of not less than fifteen (15) minutes. Training administered in this manner shall be provided by, or under the direct supervision of, a Kentucky certified underground mining instructor or a Kentucky certified mine foreman. A person who receives annual retraining in this manner shall be notified that each segment is being administered in satisfaction of the annual retraining requirement, and a record of each segment, including dates, duration, subject and attendees, shall be maintained at the mine site until the training form, Mine Safety and Health Administration Form 5000-23, described in Section 1(3) of this administrative regulation can be completed.

      (3) Documentation of completed training shall include the following information:

      (a) Full name of person trained;

      (b) Miner identification number;

      (c) Type of mining operation;

      (d) Type of training received;’

      (e) Date training completed;

      (f) Subjects taught in that training;

      (g) Signature of instructor;

      (h) Signature of miner; and

      (i) Date of signatures. After completion of his training, or upon the miner leaving employment with the licensee, the miner shall receive a copy of all of his training records.

      (4) The annual retraining courses shall include the following subjects:

      (a) Transportation controls and communications systems;

      (b) Barricading;

      (c) Roof control and ventilation plans;

      (d) First aid;

      (e) Electrical hazards and moving equipment;

      (f) Accident prevention;

      (g) Self-rescue devices;

      (h) Explosives;

      (i) Health and safety standards; and

      (j) Statutory rights of miners and their representatives.


      Section 2. A person employed as a miner shall complete annual retraining within twelve (12) months from the end of the month of his most recent completed annual retraining requirement. A certified miner who has had a break in employment as an underground miner shall be eligible to work if he has successfully completed the annual retraining requirements within the last twelve (12) months.


      Section 3. The licensee shall maintain verification of all miner training and certification at the mine premises.

      (1) The documentation shall include:

      (a) The dates the annual training sessions were conducted;

      (b) The name of the miner; and

      (c) The miner identification number.

      (2) Licensees shall maintain documentation of the miners who are no longer employed by the licensee on the mine premises until the requirements of KRS 351.106(8) are met.


      Section 4. Incorporation by Reference. (1) The Mine Safety and Health Administration Form 5000-23, revised October 1983, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained at the Kentucky Department for Mines and Minerals, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (3 Ky.R. 797; Am. 4 Ky.R. 173; eff. 10-5-77; 5 Ky.R. 347; 658; eff. 2-7-79; 11 Ky.R. 1898; 12 Ky.R. 210; eff. 8-13-85; 19 Ky.R. 1141; eff. 2-8-93; 2740; eff. -25-93; 26 Ky.R. 210; 753; eff. 10-13-99; 1703; 2241; eff. 6-12-2000; TAm eff. 7-6-2016.)