2013 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 or license -- Notification of options -- Reissuance after evaluation, treatment, and testing.
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351.120 Issuance of certificates -- Form and content -- Classification -- Duty
of applicant -- Drug- or alcohol-test-related suspension or revocation of
certification or license -- Notification of options -- Reissuance after
evaluation, treatment, and testing.
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(2)
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(6)
The commissioner shall issue a certificate to each person who possesses the
qualifications required by law for mine inspector, electrical inspector, surface or
underground mine safety instructor, surface mine safety analyst, assistant mine
foreman, mine foreman, shotfirer, and other mining specialties as established
by the board, or miner who has passed the examination given by direction of
the board for that position, and who has met the requirements for drug- and
alcohol-free status.
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 examination and possesses the qualifications required by law for mine
inspector, electrical inspector, surface or underground mine safety instructor,
surface mine safety analyst, assistant mine foreman, mine foreman, shotfirer,
and other mining specialties as established by the board, or miner and is
authorized to act as such.
Certificates issued to mine foremen and assistant mine foremen shall be
classified as follows:
(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.
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
certificate issued before June 16, 1972.
The class of mine foreman's certificate awarded shall be determined by the
board according to the experience of the applicant.
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
required practical experience in underground or surface coal mines. A data
sheet shall be filed by each applicant showing places of employment,
beginning month and year and ending month and year employed by each
company and list jobs performed, showing at least the number of required
years. Affidavit and data sheet forms shall be furnished by the department. The
applicant also 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. For the
purpose of this section, persons holding a four (4) year degree in mining
engineering from a recognized institution shall be credited with the equivalent
of two (2) years of practical experience in coal mines when applying for any
mine foreman or assistant mine foreman certificate. Persons holding an
associate degree in mining from a recognized institution shall be credited with
the equivalent of two (2) years' experience when applying for a mine foreman
certificate and one (1) year when applying for an assistant mine foreman
certificate. Persons desiring to use their mining engineering or mining
technology degree as credit for practical experience toward a mine foreman or
assistant mine foreman 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 eighteen (18), with at least one (1) year of this experience acquired
on an active working section of an underground mine. Applicants for an
underground assistant mine foreman certificate shall have three (3) years'
practical underground experience acquired after achieving the age of eighteen
(18), with at least one (1) year of this experience acquired on an active working
section of an underground 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); for surface mine foreman certification with a specialty in coal extraction, at
least one (1) year of the required practical experience shall have been acquired
from direct involvement in the mining or extraction of coal at a surface mine.
For a surface mine foreman certification with a specialty in postmining
activities, at least one (1) year of the required experience shall have been
acquired from direct involvement in the performance of such activities at a
surface or underground mine, coal preparation plant, or other coal-handling
facility. Notwithstanding any requirement in this subsection to the contrary, a
person having three (3) years' of underground or surface mining experience
shall qualify for a surface mine foreman certification with a specialty in
postmining activities if the person has documented experience of at least one
(1) year in the performance of these activities. Persons holding a surface mine
foreman certificate prior to July 15, 1998, are not affected by 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 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 she is drug and alcohol free in accordance with KRS
351.182 and 351.183 may be granted a temporary certification that is valid only
until the board acts upon his or 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 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 authorized by KRS 351.182, 351.183, 351.184, 351.185, and
352.180. The commissioner shall, by certified mail, notify the holder of the
certification of his or her suspension and of the following:
(a) The right to pursue one (1) of the following options:
1.
Appeal the suspension to the Mine Safety Review Commission
within thirty (30) days of the notification; 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) days of the notification that the holder intends to be
evaluated by a medical professional trained in substance 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 the holder's 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;
and
(c) The completion of the evaluation, treatment, and submission of an
acceptable drug test pursuant to paragraph (a)2. of this subsection or the
revocation described under paragraph (b) of this subsection shall be
considered a first offense.
(13) 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
(12)(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
his or her notification pursuant to subsection (12)(a)2. of this section, 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.
(14) If the suspension described in subsection (12) of this section occurs following
the miner's first offense as described in this section or KRS 351.184, the
notification sent to the miner shall not include the option of notifying the Office
of Mine Safety and Licensing of the miner's intent to seek an evaluation and
treatment. The miner shall only have the right to appeal the suspension to the
Mine Safety Review Commission within thirty (30) days of notification. If the
miner fails to appeal the suspension, 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. 2, effective July 12, 2012. -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 Ky.
Acts ch. 481, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 308,
sec. 12, effective April 9, 1996. -- Amended 1982 Ky. Acts ch. 370, sec. 4,
effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) ch. 8, secs. 1-6 and
8-10. -- Amended 1976 Ky. Acts ch. 174, sec. 2. -- Amended 1974 Ky. Acts
ch. 386, sec. 65. -- Amended 1972 Ky. Acts ch. 298, sec. 9. -- Amended 1952
Ky. Acts ch. 162, sec. 9, effective March 5, 1952. -- Recodified 1942 Ky. Acts
ch. 208,
sec. 1,
effective
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 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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