2015 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.
Download as PDF
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.
(1)
(2)
(3)
(4)
(5)
(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 drugand 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
director of the Division of Mine Safety 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 director of the Division of Mine
Safety 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 Division of Mine Safety for a period
of not less than three (3) years, and the holder shall remain ineligible for any
other certification issued by the Division of Mine Safety 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 director of the Division of Mine Safety 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 division. 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 division, 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 division 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 division 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: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 17, effective June 24, 2015. -- 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.
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.