KRS § 351.120 — KY Code / Title XXVIII / Chapter 351 / Section 351.120
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
Status: in_force

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) 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 department, or miner who has passed the examination given by

direction of the department for that position, and who has met the requirements

for drug- and alcohol-free status.

(2) 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 department, or miner and is

authorized to act as such.

(3) 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.

(4) 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.

(5) The class of mine foreman's certificate awarded shall be determined by the

department according to the experience of the applicant.

(6) No certificate shall be granted to any person who does not present to the

department 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 department 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 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).