2009 Kentucky Revised Statutes CHAPTER 351 DEPARTMENT FOR NATURAL RESOURCES 351.120 Issuance of certificates -- Form and content -- Classification -- Duty of applicant -- Drug- or alcohol-test-related suspension or revocation of certification -- Reapplication.
351.120 Issuance of certificates -- Form and content -- Classification -- Duty of
applicant -- Drug- or alcohol-test-related suspension or revocation of <br>certification -- Reapplication.
(1) The commissioner shall issue a certificate to each person who possesses the
qualifications required by law for mine inspector, electrical inspector, surface or <br>underground mine safety instructor, surface mine safety analyst, assistant mine <br>foreman, mine foreman, shotfirer, and other mining specialties as established by the <br>board, or miner who has passed the examination given by direction of the board for <br>that position, and who has met the requirements for drug- and alcohol-free status.
(2) The certificate shall be in such form as the commissioner prescribes, shall be signed
by the commissioner, and shall show that the holder has passed the required <br>examination and possesses the qualifications required by law for mine inspector, <br>electrical inspector, surface or underground mine safety instructor, surface mine <br>safety analyst, assistant mine foreman, mine foreman, shotfirer, and other mining <br>specialties as established by the board, or miner and is authorized to act as such.
(3) Certificates issued to mine foremen and assistant mine foremen shall be classified
as follows: <br>(a) Mine foreman certificates, authorizing the holder to act as foreman for all
classes of coal mines; and
(b) Assistant mine foreman certificates, authorizing the holder to act as assistant
foreman.
(4) Any mine foreman or assistant mine foreman may act as a fire boss or mine
examiner. This shall not apply to persons holding a second class mine foreman <br>certificate issued before June 16, 1972.
(5) The class of mine foreman's certificate awarded shall be determined by the board
according to the experience of the applicant.
(6) No certificate shall be granted to any person who does not present to the board
satisfactory evidence, in the form of affidavits, that the applicant has had the <br>required practical experience in underground or surface coal mines. A data sheet <br>shall be filed by each applicant showing places of employment, beginning month <br>and year and ending month and year employed by each company and list jobs <br>performed, showing at least the number of required years. Affidavit and data sheet <br>forms shall be furnished by the department. The applicant also shall submit proof <br>that he or she is drug and alcohol free. The proof shall be submitted in accordance <br>with KRS 351.182 and 351.183. For the purpose of this section, persons holding a <br>four (4) year degree in mining engineering from a recognized institution shall be <br>credited with the equivalent of two (2) years of practical experience in coal mines <br>when applying for any mine foreman or assistant mine foreman certificate. Persons <br>holding an associate degree in mining from a recognized institution shall be credited <br>with the equivalent of two (2) years' experience when applying for a mine foreman <br>certificate and one (1) year when applying for an assistant mine foreman certificate. <br>Persons desiring to use their mining engineering or mining technology degree as
credit for practical experience toward a mine foreman or assistant mine foreman <br>certificate shall file proof of having received their degree prior to the examination.
(7) Applicants for an underground mine foreman certificate shall have five (5) years'
practical underground coal mining experience acquired after achieving the age of <br>eighteen (18), with at least one (1) year of this experience acquired on an active <br>working section of an underground mine. Applicants for an underground assistant <br>mine foreman certificate shall have three (3) years' practical underground <br>experience acquired after achieving the age of eighteen (18), with at least one (1) <br>year of this experience acquired on an active working section of an underground <br>mine.
(8) Applicants for surface mine foremen certification shall have three (3) years'
practical surface mine experience acquired after achieving the age of eighteen (18); <br>for surface mine foreman certification with a specialty in coal extraction, at least <br>one (1) year of the required practical experience shall have been acquired from <br>direct involvement in the mining or extraction of coal at a surface mine. For a <br>surface mine foreman certification with a specialty in postmining activities, at least <br>one (1) year of the required experience shall have been acquired from direct <br>involvement in the performance of such activities at a surface or underground mine, <br>coal preparation plant, or other coal-handling facility. Notwithstanding any <br>requirement in this subsection to the contrary, a person having three (3) years' of <br>underground or surface mining experience shall qualify for a surface mine foreman <br>certification with a specialty in postmining activities if the person has documented <br>experience of at least one (1) year in the performance of these activities. Persons <br>holding a surface mine foreman certificate prior to July 15, 1998, are not affected by <br>this section.
(9) Persons possessing certificates of qualifications to act as mine inspector, mine
foreman, assistant mine foreman, or fire boss prior to July 15, 1982, are not affected <br>by this section.
(10) When approved by the commissioner, a person who has successfully completed any
mine foreman or assistant mine foreman examination and submitted proof that he or <br>she is drug and alcohol free in accordance with KRS 351.182 and 351.183 may be <br>granted a temporary certification that is valid only until the board acts upon his or <br>her certification at its next regularly scheduled meeting.
(11) A member of the supervisory personnel shall be present at the working section
except in cases of emergencies at all times employees under his supervision are at <br>the working section on coal-producing shifts.
(12) The commissioner immediately shall suspend any certification for violation of drug-
and alcohol-free status or for failure or refusal to submit to a drug and alcohol test <br>authorized by KRS 351.182, 351.183, 351.184, 351.185, and 352.180. No <br>certification may be revoked until the certified person has been granted adequate <br>opportunity for a hearing before the Mine Safety Review Commission conducted in <br>accordance with KRS Chapter 13B. The hearing may be initiated by the filing of a <br>petition by the person whose certification has been suspended by the commissioner <br>or by the Office of Mine Safety and Licensing under process and administrative
regulations developed by the Mine Safety Review Commission in accordance with <br>KRS 351.1041.
(13) A miner whose certification has been suspended or revoked for violating the drug-
and alcohol-free condition of certification may reapply for certification with the <br>Mining Board, provided that he or she has successfully passed a drug and alcohol <br>test meeting the requirements in KRS 351.182 and 351.183 within thirty (30) days <br>prior to reapplication and has fulfilled the terms of final orders entered by the Mine <br>Safety Review Commission.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 241, sec. 15, effective July 12, 2006.. --
Amended 2000 Ky. Acts ch. 104, sec. 11, effective July 14, 2000 -- Amended 1998 <br>Ky. Acts ch. 481, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 308, <br>sec. 12, effective April 9, 1996. -- Amended 1982 Ky. Acts ch. 370, sec. 4, effective <br>July 15, 1982. -- Amended 1976 (1st Extra. Sess.) ch. 8, secs. 1-6 and 8-10. -- <br>Amended 1976 Ky. Acts ch. 174, sec. 2. -- Amended 1974 Ky. Acts ch. 386, sec. 65. <br>-- Amended 1972 Ky. Acts ch. 298, sec. 9. -- Amended 1952 Ky. Acts ch. 162, <br>sec. 9, effective March 5, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective <br>October 1, 1942, from Ky. Stat. secs. 2737-1, 2739-38, 2739-44, 2739-45.
Legislative Research Commission Note (4/9/96). The action taken with respect to this
statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under <br>Section 51 of that Act. The Act, however, did not become effective until April 9, <br>1996, when the Governor's signed copy of the Act was filed with the Secretary of <br>State.
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