351.090 Mine safety specialists -- Appointment -- Qualifications -- Oath and bond -- Background check

351.090 Mine safety specialists -- Appointment -- Qualifications -- Oath and bond -

- Background check.

(1) The Governor shall appoint an adequate number of mine safety specialists to ensure

at least two (2) inspections annually at all surface mines, provided the mine is in

operation the entire year or the proportionate thereof, of all mines in the

Commonwealth and sufficient additional mine safety specialists to enable the

commissioner to provide adequate monitoring of coal mines where conditions or

management policy dictate that more inspections are needed to ensure the safety of

miners. Underground mines shall be inspected at least six (6) times annually; except

that the commissioner shall have the discretion to require up to three (3) of the six

(6) required mine safety inspections to be mine safety analysis visits pursuant to

KRS 351.242. At least one (1) inspection shall be a full electrical inspection. One

(1) or more of the appointees shall be designated as electrical mine inspectors. The

Governor shall also appoint an adequate number of mine safety specialists to

perform safety analysis and safety instruction. The term of office of each mine

safety specialist shall be during the period of capable, efficient service and good

behavior.

(2) All mine safety specialists shall have a thorough knowledge of first aid and mine

rescue and be able to instruct in first aid and mine rescue and shall have a thorough

and practical knowledge of mining gained by at least five (5) years' experience in

coal mines in the Commonwealth. For the purposes of this subsection, a degree in

mining engineering from a recognized institution shall be deemed equivalent to two

(2) years of practical experience in coal mines or an associate degree in mining

technology from a recognized institution shall be deemed equivalent to one (1) year

practical experience in coal mines. A person desiring to use a mining engineering or

technology degree for practical experience credit shall file proof of having received

a degree prior to examination.

(3) No person shall be appointed to the office of mine safety specialist unless he or she

holds a current mine foreman's certificate. A person appointed as mine safety

specialist shall pass an examination administered by the department. The

commissioner may recommend to the Governor applicants for the positions of mine

safety specialist who have successfully passed the examination and are proved by

worth, training, and experience to be the most competent of the applicants.

(4) Mine safety specialists shall be of good moral character and temperate habits and

shall not, while holding office, act in any official capacity in operating any coal

mine.

(5) No reimbursement for traveling expenses shall be made except on an itemized

accounting for the expenses submitted by mine safety specialists who shall verify

upon oath that the expenses were incurred in the discharge of their official duties.

(6) Each mine safety specialist shall take oath, which shall be certified by the officer

administering it. The oath, in writing, and the certificate, shall be filed in the office

of the Secretary of State.

(7) Each mine inspector, mine safety analyst, electrical inspector, and mine safety

instructor shall give bond with surety approved by the Governor.

(8) Each mine safety specialist shall provide authorization to the division to perform a

criminal background check by means of a fingerprint check by the Department of

Kentucky State Police. The results of the state criminal background check shall be

sent to the director of the division. Any fee charged by the Department of Kentucky

State Police shall be an amount no greater than the actual cost of processing the

request and conducting the search.