Kentucky Revised Statutes

Ky. Rev. Stat. § 351.101 (2026)

Declaration of legislative finding of fact

✓ current as of May 2026

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The General Assembly hereby finds and declares the following:

(1) The highest priority and concern of the Commonwealth must be the health and safety of the coal industry's most valuable resource, the miner.

(2) The continued prosperity of the coal industry is of primary importance to the state.

(3) A high priority must be given to increasing the productivity and competitiveness of the mines in this state.

(4) An inordinate number of miners are killed or injured during the first few months of their experience in a mine and upon acquiring new work assignments in a mine.

(5) These injuries result in the loss of life and serious injury to miners and are an impediment to the future growth of the state's coal industry.

(6) Mining is a technical occupation with various specialties requiring individualized training and education.

(7) Injuries can be reduced through proper miner training, education, and certification.

(8) Mine safety can be improved by the imposition and enforcement of sanctions against licensed premises and certified and noncertified personnel whose willful and repeated violations of mine safety laws place miners in imminent danger of serious injury or death.

(9) Abuse of illicit substances and alcohol in the mining industry represents a serious threat to the health and safety of all miners. Substance and alcohol abuse adversely affect the health and safety of miners. Mine safety can be significantly improved by establishing as a condition of certification that miners remain drug and alcohol free. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 241, sec. 9, effective July 12, 2006. -- Amended 2001 Ky. Acts ch. 149, sec. 1, effective March 20, 2001. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 1.

Notes of Decisions

Cited in 4 cases, 2007–2015 · leading case: Cumberland Valley Contractors, Inc. v. Bell Cnty. Coal Corp., 238 S.W.3d 644 (Ky. 2007).

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Cumberland Valley Contractors, Inc. v. Bell Cnty. Coal Corp., 238 S.W.3d 644 (Ky. 2007). · cites it 4× “Arguably, the legislative findings provided in KRS 351.101 would apply to Chapter 352, as well as Chapter 351, because the two chapters cross-reference each other in their definitional sections (KRS 351.”

McCarty v. Covol Fuels No. 2, LLC, 978 F. Supp. 2d 799 (W.D. Ky. 2013). · cites it 4× “” KRS § 351.101 2 While Chapter 351 does not define “miner,” 30 U.”

Nancy J. McCarty v. Covol Fuels No. 2, LLC a Utah Corp., 476 S.W.3d 224 (Ky. 2015). · cites it 2× “070 requires an assessment of the legislative intent behind the statute: was the injured person among the class of individuals intended to be protected by the statute, and was the occurrence of the kind that the statute was designed to prevent? KRS 351.101, titled “Declaration…”

Nancy J. McCarty v. Covol Fuels No. 2, LLC a Utah Corp. (Ky. 2015). · cites it 2× “070 requires an assessment of the legislative intent behind the statute: was the injured person among the class of individuals intended to be protected by the statute, and was the occurrence of the kind that the statute was designed to prevent? KRS 351.101, titled "Declaration…”

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