SB 200 (BR 1941) - R. Stivers II, R. Jones II
AN ACT relating to mine safety.
Create new sections of KRS Chapter 352 to provide for telephone or equivalent two-way communication facilities in underground and surface coal mines by September 1, 2006; require that by September 1, 2006, licensed facilities will be able to activate emergency action plans; require facilities to submit emergency action plans when making an application for a license; establish content requirements for the emergency action plan and where copies of the plan are made available; require the implementation of emergency evacuation plans and firefighting programs; require mapping of working sections in a mine and the designation of escapeways; require escapeway drills at all licensed coal mines; amend 351.010 to define "mine manager"; amend 351.025 to delete requirement that the owner intentionally violate an orders before penalties can be assessed against the licensed facility and for appeals on the imposition of penalties for violations of roof control plans and mine ventilation plans; amend KRS 351.070 to authorize the commissioner to assess civil monetary penalties for roof control plans and mine ventilation plans; require tiering of penalties, and that administrative regulations be promulgated in 90 days to implement the penalties; amend 351.175 to require ventilation plans and roof control plans be submitted along with requests for licenses and that appeals for revocations of licenses be to Franklin Circuit Court; amend 351.190 to include entrapments, roof falls, and inundation of the mine with liquid or gas in the events that trigger a mine rescue; amend 352.010 to define "mine manager" and "serious physical injury"; amend 352.020 to require mine ventilation plans and revisions to existing mine ventilation plans be submitted to and approved by the executive director of the Office of Mine Safety and Licensing; prohibit use of return air courses as primary escapeways absent approval by the executive director; require use of fans to ensure air quality and equalization of the mine atmosphere; amend 352.110 to conform; amend 352.133 to delete requirement that the licensee can store self contained self rescuer farther than 25 feet; require deployment of additional self contained self rescuer devices by December 1, 2006; provide that the self contained self rescuer be deployed at not more than 45 minute walking intervals, be placed in storage units to prevent their destruction, and have luminescent signs, alarms, and strobe lights; amend 352.135 to delete use of return airway as an escape way and require devices that direct miners to the surface at 100 foot intervals; amend 352.150 to prohibit riding under the trolley wire; require reporting of accidents that involves serious physical injury or loss of life in 15 minutes after actual knowledge of the occurrence; establish a $100,000 dollar penalty for failure to report; amend 352.280 to make technical corrections and conform; amend 352.320 to conform; amend 352.340 to require examination of caches of self contained self rescuers and other devices and alarms; amend 352.350, 352.410, 352.420, 352.430, 352.450, and 352.460 to conform.
SB 200 - AMENDMENTS
SCS - Retain original provisions of SB 200; permit use of the beltway or return air courses for communications lines with approval from the executive director of the Office of Mine Safety and Licensing for mines with seams 26 inches or less; change the distance of the telephone line from the portal from 500 ft to 1,000 ft; clarify that the requirement for a surface telephone line to activate an emergency action plan is for underground licensed facilities; require the emergency action plan to contain a training schedule and a log of the training on the mine site; amend KRS 351.025 to allow for the imposition of penalties against licensed coal mines and exceed the statutorily imposed limit for roof control and ventilation violations and allow for the underlying violation to accompany the penalty upon an appeal; require the commissioner to impose fines for roof control and ventilation violations and provide that the fine shall not exceed $5,000; amend KRS 352.020 to allow the ventilation plan to be the same as submitted to the United State Mine Health and Safety Administration; require self contained self rescuer devices be accessible to and reflective markers on the devices visible from the primary and secondary escapeways; require deployment of the self-rescuer devices by July 1, 2007; provide a waiver if the devices are unavailable; require proof of a valid purchase order for self-rescuer devices; require the caches of self-rescuer devices be in sufficient numbers and at locations determined in accordance with the most recent rules, standards, and regulations of the United States Mine Health and Safety Administration; provide for one additional self rescuer device which provides protection for one hour or longer; a mantrip may be used for a cache of self-rescuer devices; and amend KRS 352.180 to make an accident report for entrapment of more than 30 minutes; provide that the report is made 15 minutes of having actual knowledge of the occurrence and when communications become available.
HCS - Retain original provisions of SB 200; establish a permanent six-member Mine Equipment Review Panel which will review and recommend commercially available mine safety equipment to the Office of Mine Safety and Licensing; require three inspections for underground coal mines; prohibit alteration of an accident scene; allow a designee of the mine foreman to report an accident.
Feb 17-introduced in Senate
Feb 22-to Agriculture and Natural Resources (S)
Mar 3-taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading, to Calendar
Mar 6-2nd reading; returned to Agriculture and Natural Resources (S)
Mar 9-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Thursday, March 9, 2006; passed over and retained in the Orders of the Day
Mar 10-3rd reading, passed 37-0 with Committee Substitute
Mar 13-received in House
Mar 14-to Natural Resources and Environment (H)
Mar 16-posted in committee
Mar 21-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 22-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 23, 2006
Mar 23-3rd reading, passed 99-0 with Committee Substitute
Mar 24-received in Senate; posted for passage for concurrence in House Committee Substitute for Friday, March 24, 2006; Senate concurred in House Committee Substitute ; passed 37-0
Apr 10-enrolled, signed by President of the Senate
Apr 11-enrolled, signed by Speaker of the House; delivered to Governor
Apr 21-signed by Governor (Acts ch. 185)