2016 Kentucky Revised Statutes CHAPTER 351 - DEPARTMENT FOR NATURAL RESOURCES .182 Drug-and alcohol-free status required for miner certification -- Proof -- Costs of testing -- Breath alcohol device at examination site -- Ten panel urine test.
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351.182 Drug-and alcohol-free status required for miner certification -- Proof -Costs of testing -- Breath alcohol device at examination site -- Ten panel urine
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All applicants for certification as new miners and all initial applicants for all other
certifications provided for in this chapter shall provide proof of drug- and alcoholfree status prior to certification in accordance with the provisions of this section.
Proof of drug- and alcohol-free status shall be provided in one (1) of two (2)
methods:
(a) By participation in a drug and alcohol testing program offered by the division
and paid for by the applicant, in accordance with this section and KRS
351.183; or
(b) By the submission of drug and alcohol test results from other sources, as
provided in KRS 351.183(2).
If a newly certified miner gains employment in the coal industry, the initial
employer shall reimburse the certified miner for the cost of one (1) drug and alcohol
test required by this section and KRS 351.183, 351.184, and 351.185.
If the applicant is currently certified in any category other than that for which he is
applying by the division and the applicant is currently employed in the coal
industry, the applicant's employer shall reimburse the applicant for the cost of one
(1) drug and alcohol test required by this section and KRS 351.183, 351.184, and
351.185.
The fee charged to an applicant for the drug and alcohol tests offered by the division
shall not exceed the actual cost of collection, analysis, and medical review officer
(MRO) review.
The division shall provide, at each site of examinations for the certifications
provided for in Chapter 351, a breath alcohol testing device and a person certified in
the operation of the breath alcohol testing device. The breath alcohol test shall be
administered prior to examination to determine the applicant's alcohol-free status.
The division may satisfy the requirement to furnish an alcohol testing device and
certified personnel by:
(a) The use of equipment and appropriately certified personnel of the division;
(b) A memorandum of agreement with state or local police agencies for the
provision of equipment and appropriately trained personnel at the examination
site; or
(c) Inclusion of breath alcohol testing as part of the contract to provide drug
testing and collection services set out in KRS 351.183(1).
A breath alcohol concentration of .04 shall be the maximum acceptable level of
concentration for participation in the examination and subsequent certification.
Except for an alternative testing protocol provided for post-accident victims under
KRS 352.180(5) to (7), the minimum testing protocol acceptable for the
establishment of drug-free status for certification under KRS Chapter 351 shall be at
least a ten (10) panel urine test that shall include testing for the following
substances:
(a) Amphetamines;
(b) Cannabanoids/THC;
(c) Cocaine;
(d) Opiates;
(e) Phencyclidine (PCP);
(f) Benzodiazepines;
(g) Propoxyphene;
(h) Buprenorphine;
(i) Methadone;
(j) Barbiturates; and
(k) The remaining panels to be used in the urine test shall be set by order of the
Mine Safety Review Commission no later than June 1 of each year.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 21, effective June 24, 2015. -- Amended
2012 Ky. Acts ch. 89, sec. 4, effective July 12, 2012. -- Created 2006 Ky. Acts ch.
241, sec. 2, effective July 12, 2006.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 241, sec. 2,
subsec. (7), provides: "A breath alcohol concentration of four tenths of a percent
(.04) shall be the maximum acceptable level of concentration for participation in the
examination and subsequent certification." The words "four tenths of a 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: "A breath alcohol concentration of .04 shall
be the maximum acceptable level of concentration for participation in the
examination(s) and subsequent certification(s)." 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).
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