2013 Kentucky Revised Statutes CHAPTER 351 - DEPARTMENT FOR NATURAL RESOURCES 351.106 Education and training program -- Alcohol and substance abuse training and education -- Retraining and reeducation requirements -- Administrative regulations -- Implementation of program for training and examination -- Records.
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351.106 Education and training program -- Alcohol and substance abuse
training and education -- Retraining and reeducation requirements -Administrative regulations -- Implementation of program for training and
examination -- Records.
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The Mining Board shall establish criteria and standards for a program of
education and training to be required of prospective miners, miners, and all
certified persons. This education and training shall be provided in a manner
determined by the commissioner to be adequate to meet the standards
established by the board, which shall include as a minimum the requirements
of KRS 351.102 and the requirements of the federal government for the
training of miners for new work assignments, and at least sixteen (16) hours of
annual retraining and reeducation for all certified persons, of which thirty (30)
minutes annually shall be dedicated to alcohol and substance abuse education.
Effective January 1, 2009, in addition, six (6) hours of annual training on
changes in mine safety laws, safe retreat mining practices, disciplinary cases
litigated before the Mine Safety Review Commission, changes in mine safety
technology, and ways to improve safe working procedures shall be required for
all mine foremen. This annual training for mine foremen shall be provided
exclusively by the Office of Mine Safety and Licensing.
One (1) hour of initial substance abuse training and education shall be required
as part of the certified miner's first annual retraining conducted in a classroom
that occurs after August 1, 2006. This requirement shall not apply to certified
persons who received the one (1) hour initial substance abuse training and
education as part of their forty (40) hour or twenty-four (24) hour new miner
training.
In addition to the thirty (30) minutes of annual alcohol and substance abuse
education required for certified miners, supervisory personnel shall be required
to receive an additional thirty (30) minutes of alcohol and substance abuse
awareness training annually.
Beginning with the first full calendar year after the effective date established by
the board and during each calendar year thereafter, each certified miner shall
receive at least sixteen (16) hours of retraining and reeducation.
Newly hired experienced miner training shall satisfy the miner's annual
retraining requirement if a time lapse occurs between the miner's last training
anniversary date and the next scheduled training anniversary date for the mine
where he is newly employed, if the miner has complied with the annual
retraining requirements within the last twelve (12) months from the date of his
newly hired experienced miner training.
Retraining and reeducation sessions shall be conducted at times and in
numbers to reasonably assure each certified miner an opportunity to attend.
The licensee shall pay all certified miners their regular wages and benefits
while they receive training required by the department.
Willful failure of a working miner to complete annual retraining and reeducation
requirements shall constitute grounds for revocation, suspension, or probation
of his certificate.
If the department discovers a miner working without proper training or the
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licensee cannot provide proof of training, the miner shall be withdrawn
immediately from the mine and the licensee shall pay the miner his regular
wages until the training is administered and properly documented.
When employment is terminated, the licensee shall provide the employee a
copy of his training records, upon request. If the employee does not request his
training records immediately, the licensee shall, within fifteen (15) days, provide
the employee with those training records.
The board may, upon its own motion or whenever requested to do so by the
commissioner, deem applicable certificates issued by other states to be proof
of training and education equal to the requirements of KRS 351.102 or deem
training provided by appropriate federal agencies to be adequate to meet
training and education requirements established by the board, if the training
and education meet the minimum requirements of this chapter.
The secretary may promulgate administrative regulations necessary to
establish a program to implement the provisions of this chapter according to
the criteria and standards established by the board. This program shall include
but not be limited to implementation of a program of instruction and the conduct
of examinations to test each applicant's knowledge and understanding of the
training and instruction.
The commissioner shall keep and maintain current records on all certified
miners, all of which shall be maintained by computer for ready access. The
commissioner shall not grant certification to any person that, at the time of
application, had his or her miner certification, foreman certification, electrician
certification, or any other mining specialty certification suspended or revoked
by another state. If a person has his or her miner certification, foreman
certification, electrician certification, or other mining specialty certification
probated in another state, the commissioner or the Mining Board may, at his or
its discretion, grant the equivalent certification. However, that certification shall
be placed on probation in Kentucky until the probationary period in the other
state has expired.
The commissioner is authorized and directed to utilize state mine inspectors,
mine safety instructors, the state mine foreman examiner, private and public
institutions of education, and other qualified persons available to him in
implementing the program of instruction and examination.
The commissioner may make recommendations to the board as he may deem
appropriate. The commissioner shall provide information to the board at the
board's request. The commissioner is authorized and directed to utilize state
and federal moneys and personnel that may be available to the department for
educational and training purposes in the implementation of the provisions of
this chapter.
All training and education required by this section may be conducted in
classrooms, on the job, or in simulated mines.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 94, sec. 7, effective June 26, 2007. -Amended 2006 Ky. Acts ch. 241, sec. 13, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 355, sec. 4, effective July 15, 2002. -- Amended 2001 Ky.
Acts ch. 149, sec. 9, effective March 20, 2001. -- Amended 2000 Ky. Acts
ch. 68, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 308,
sec. 8, effective April 9, 1996. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8,
sec. 6.
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.
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