2013 Kentucky Revised Statutes CHAPTER 351 - DEPARTMENT FOR NATURAL RESOURCES 351.102 Certificate of competency and qualification or permit as trainee required -- Proof of drug- and alcohol-free status to be submitted -- Examinations -- Hearing -- Appeals.
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351.102 Certificate of competency and qualification or permit as trainee
required -- Proof of drug- and alcohol-free status to be submitted -Examinations -- Hearing -- Appeals.
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(2)
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(4)
(5)
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(9)
No person shall be assigned mining duties by a licensee as a laborer or
supervisor unless the person holds a valid certificate of competency and
qualification or a valid permit as trainee issued in accordance with this section.
The Office of Mine Safety and Licensing shall require that all applicants for
certified miner and initial applicants for other mining certifications pursuant to
this chapter shall submit proof that he or she is drug and alcohol free. The
proof shall be submitted in accordance with KRS 351.182 and 351.183.
A permit as trainee miner shall be issued by the commissioner to any person
who has submitted proof that he or she is drug and alcohol free in accordance
with KRS 351.182 and 351.183, and has completed a program of education of
a minimum of forty (40) hours for underground mining or twenty-four (24) hours
for surface mining comprised of sixteen (16) hours of classroom training and
eight (8) hours of mine specifics or who has completed a certified mine
technology program and has passed an examination approved by the
commissioner. An additional eight (8) hours of mine-specific training shall be
administered to the trainee miner by the licensee, which training shall be
documented on a form approved by the commissioner. This education and
training program shall be determined and established by the board, as
provided in KRS 351.106. A requirement for a permit as a trainee miner shall
be one (1) hour of classroom training dedicated to alcohol and substance
abuse education.
Trainee miners shall work within the sight and sound of a certified miner.
Any miner holding a certificate of competency and qualification may have one
(1) person working with him and under his direction as a trainee miner. Any
person certified as a mine foreman or assistant mine foreman shall have no
more than five (5) persons working under his supervision or direction as trainee
miners for the purpose of learning and being instructed in the duties of
underground coal mining.
A certificate of competency and qualification as a miner shall be issued by the
commissioner to any person who has a minimum of forty-five (45) working
days' experience within a thirty-six (36) month period as a trainee miner and
demonstrated competence as a miner. Any trainee miner who exceeds six (6)
months in obtaining the forty-five (45) working days of experience required in
this section, shall submit proof of alcohol- and drug-free status in accordance
with the provisions of KRS 351.182 and 351.183.
All examinations for the certification of a miner shall be of a practical nature
and shall determine the competency and qualification of the applicant to
engage in the mining of coal with reasonable safety to himself and his fellow
employees. The examination may be given orally, upon approval by the
commissioner, if the miner is unable to read or comprehend a written
examination.
Examinations shall be held in any district office during regular business hours.
If the commissioner or his authorized representative finds that an applicant is
not qualified and competent, he shall notify the applicant as soon as possible,
but in no case more than thirty (30) days after the date of examination.
(10) Any applicant aggrieved by an action of the commissioner or his authorized
representative in failing or refusing to issue a certificate of qualification and
competency shall, within ten (10) days of notice of the action complained of,
appeal to the commissioner who shall either affirm the action or issue the
certificate to the applicant.
(11) If the applicant is aggrieved by the action of the commissioner, he may appeal
to the commission which shall hold a hearing on the matter in accordance with
KRS Chapter 13B.
(12) The applicant may appeal from the final order of the commission by filing in the
Franklin Circuit Court a petition for appeal in accordance with KRS Chapter
13B.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 241, sec. 10, effective July 12, 2006. -Amended 2002 Ky. Acts ch. 355, sec. 3, effective July 15, 2002. -- Amended
2001 Ky. Acts ch. 149, sec. 8, effective March 20, 2001. -- Amended 2000 Ky.
Acts ch. 68, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308,
sec. 6, effective April 9, 1996; and ch. 318, sec. 331, effective July 15, 1996. -Amended 1980 Ky. Acts ch. 114, sec. 100, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 301, sec. 3, effective June 17, 1978. -- Created 1976 (1st
Extra. Sess.) Ky. Acts ch. 8, sec. 2.
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 Section 51 of that Act. The Act, however, did not become effective
until April 9, 1996, when the Governor's signed copy of the Act was filed with the
Secretary of State.
Legislative Research Commission Note (7/15/96). This section was amended by
1996 Ky. Acts chs. 308 and 318. Where these Acts are not in conflict, they have
been codified together. Where a conflict exists, Acts ch. 308, which was last
enacted by the General Assembly, prevails under KRS 446.250.
Legislative Research Commission Note (7/14/2000). The reference to KRS
351.105 in subsection (2) of this section has been changed to KRS 351.106
under KRS 7.136(1)(e). Treatment of the "education and training program"
formerly contained in KRS 351.105 was transferred to KRS 351.106 by 1996 Ky.
Acts ch. 308, secs. 7 and 8.
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