2012 Kentucky Revised Statutes CHAPTER 351 DEPARTMENT FOR NATURAL RESOURCES 351.184 Office to notify applicant of test results when granting or denying certification -- Notification of options -- Issuance after evaluation, treatment, and testing -- Right of appeal.
Download as PDF
351.184 Office to notify applicant of test results when granting or denying
certification -- Notification of options -- Issuance after evaluation, treatment,
and testing -- Right of appeal.
(1)
(2)
(3)
The results of any testing performed by the Office of Mine Safety and Licensing
shall be given to the applicant at the time of his or her notification of the granting or
denial of certification.
Certification of an applicant shall be denied if any one (1) or more of the following
occur:
(a) The applicant's positive drug test results for any of the substances either listed
in KRS 351.182(8) or otherwise required to be tested for by order of the Mine
Safety Review Commission are deemed to fail by a medical review officer;
(b) The applicant's blood alcohol level is above .04 concentration at the time of
testing;
(c) The applicant's test results demonstrate the submission of an adulterated
specimen; or
(d) The applicant refuses to submit to a drug or alcohol test as required by KRS
351.182.
(a) Any applicant who is denied certification due to the results of the drug and
alcohol testing required by KRS 351.182 may:
1.
Appeal to the Mine Safety Review Commission within thirty (30) days
of receiving the notification required under KRS 351.120(12); or
2.
Notify the commissioner of the Department for Natural Resources or the
executive director of the Office of Mine Safety and Licensing within
thirty (30) of receiving the notification required under KRS 351.120(12)
that the applicant intends to be evaluated by a medical professional
trained in substance abuse treatment, to complete any prescribed
treatment, and to submit an acceptable result from a drug and alcohol
test as required by KRS 351.182.
(b) Failure to file an appeal or failure to notify the commissioner of the
Department for Natural Resources or the executive director of the Office of
Mine Safety and Licensing of his or her intent to comply with paragraph (a)2.
of this subsection within thirty (30) days of the notification shall result in the
revocation of all licenses and certifications issued by the Office of Mine
Safety and Licensing for a period of not less than three (3) years, and the
holder shall remain ineligible for any other certification issued by the Office
of Mine Safety and Licensing during the revocation period. Certifications and
licenses revoked under this paragraph may be reissued by:
1.
Compliance with all training and testing requirements;
2.
Satisfying the requirements of KRS 351.182 and 351.183; and
3.
Compliance with all orders of the Mine Safety Review Commission.
(c) For the purposes of this subsection, the completion of evaluation, treatment,
and submission of an acceptable drug test pursuant to paragraph (a)2. of this
(4)
(5)
subsection or the revocation described under paragraph (b) of this subsection
shall be considered a first offense.
The licenses and certifications of a miner who notifies the commissioner of the
Department for Natural Resources or the executive director of the Office of Mine
Safety and Licensing of his or her intent to comply with subsection (3)(a)2. of this
section shall remain suspended until the miner has provided proof of the evaluation
and successful completion of any prescribed treatment and has submitted a negative
drug and alcohol test as required by KRS 351.182 to the Office of Mine Safety and
Licensing. The drug and alcohol test shall be taken no more than thirty (30) days
prior to the submission of the proof required by this section. Upon receipt and
review of the proof by the Office of Mine Safety and Licensing, the miner's licenses
and certifications shall be restored. In the event that the miner fails to successfully
complete the evaluation, treatment, and drug test within one hundred twenty (120)
days of the notification required under KRS 351.120(12), the miner's licenses and
certifications issued by the Office of Mine Safety and Licensing shall be revoked for
a period prescribed under KRS 351.990(8). The one hundred twenty (120) day time
period set out in this section shall be extended upon proof that the miner is
complying with the recommendations of the medical professional.
If the denial described in subsection (3) of this section occurs following the miner's
first offense as described in this section or KRS 351.120, the miner shall not have
the option of notifying the Office of Mine Safety and Licensing of his or her intent
to comply with subsection (3)(a)2. of this section. The miner shall only have the
right to appeal the denial to the Mine Safety Review Commission within thirty (30)
days of notification. If the miner fails to appeal the denial, the penalty shall be
assessed according to KRS 351.990(8)(b) or (c).
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 89, sec. 6, effective July 12, 2012. -- Created
2006 Ky. Acts ch. 241, sec. 4, effective July 12, 2006.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 241, sec. 4,
subsec. (2)(b), provides that certification shall be denied if "[t]he applicant's blood
alcohol level is above four tenths of one percent (.04) concentration at the time of
test." The words "four tenths of one percent" and the parentheses around ".04" were
removed during codification to correct a manifest clerical error that occurred in the
drafting process. Materials in the bill folder for House Bill 572 (which became 2006
Ky. Acts ch. 241) show that the bill was drafted to be an exact copy of a bill
requested and later introduced as Senate Bill 201, the initial proposed draft of which
provided for denial of certification if "[t]he applicant's blood alcohol level is above
.04 concentration at the time of testing." Materials in the bill folder for Senate Bill
201 indicate that the erroneous phrase was inserted during the drafting process to
conform with the rules for cardinal numbers set forth in the Bill Drafting Manual of
the Kentucky General Assembly. The Reviser of Statutes has made this correction
under the authority of KRS 7.136(1).
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.