Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 11 - Drugs Workplace Certification › Section 805 KAR 11:001 - Definitions for 805 KAR Chapter 11

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.900(1), 218A.010(6), Chapter 342, 351.010,
				351.182(8)
NECESSITY, FUNCTION AND CONFORMITY: KRS 351.070(13) authorizes
				the Secretary of the Environmental and Public Protection Cabinet to promulgate
				administrative regulations necessary and suitable for the proper administration
				of KRS Chapter 351. KRS 351.186 authorizes the Office of Mine Safety and
				Licensing to certify drug-free workplace programs implemented by an employer
				who is also a licensee, for the licensee to be eligible to obtain a credit on
				the licensee's premium for workers' compensation insurance. This administrative
				regulation defines terms used in 805 KAR Chapter 11.
Section 1. Definitions.
(1) "Alcohol" means ethyl alcohol, hydrated
			 oxide of ethyl, or spirit of wine, produced from any source or
			 process.
(2) "Consortium" means an
			 entity, which may involve varied pools of employers and their employees,
			 established to provide cost-effective services to employers to help the
			 employers comply with drug-free workplace program requirements and may provide
			 employer education, supervisor training, and drug and alcohol testing at a
			 reduced cost to the employers who choose to participate.
(3) "Drug" means a controlled substance as
			 defined in KRS 218A.010(6) and as established in 902 KAR Chapter 55, including:
(a) Substances listed in KRS 351.182(8);
(b) Illicit substances;
			 and
(c) Volatile substances as
			 defined in KRS 217.900(1).
(4) "Drug or alcohol rehabilitation program"
			 means a service provider that provides confidential, timely, and expert
			 identification, assessment, treatment, and resolution of employee drug or
			 alcohol abuse.
(5) "Drug test" or
			 "test" means a chemical, biological, or physical instrumental analysis
			 administered by a qualified laboratory, for the purpose of determining the
			 presence or absence of a drug or its metabolites or alcohol pursuant to
			 standards, procedures, and protocols established by the U.S. Department of
			 Health and Human Services' Substance Abuse and Mental Health Services
			 Administration (SAMHSA) for the collection and testing required by KRS 351.182.
(6) "Employee" means any
			 person who works for a salary, wages, or other remuneration for an employer,
			 licensee, or operator.
(7)
			 "Employee Assistance Program" means an established program providing:
(a) Professional assessment of employee
			 personal concerns;
(b) Confidential
			 and timely services to identify employee alcohol or substance abuse;
(c) Referrals of employees for appropriate
			 diagnosis, treatment, and assistance with alcohol or substance abuse;
			 and
(d) Follow-up services for
			 employees who participate in a drug or alcohol rehabilitation program and are
			 recommended for monitoring after returning to work.
(8) "Employer" means a corporation,
			 partnership, sole proprietorship, or other business entity doing business in
			 Kentucky which is:
(a) Required to comply with
			 the provisions of KRS Chapter 342 or voluntarily covers excluded employees
			 pursuant to KRS 342.660; and
(b) A
			 licensee.
(9) "Executive
			 director" is defined by KRS 351.010(1)(ae).
(10) "Illicit substances" is defined by KRS 351.010(1)(m).
(11) "Independent
			 contractor" means a person, business firm, partnership, or corporation with
			 whom an owner, licensee, or operator may negotiate an agreement providing for
			 construction, equipment, maintenance, personnel, management, and operation of a
			 coal mine.
(12) "Licensee" is
			 defined by KRS 351.010(1)(o).
(13)
			 "Medical review officer" or "MRO" is defined by KRS 351.010(1)(p).
(14) "Office" is defined by KRS 351.010(1)(ad).
(15) "Operator" is
			 defined by KRS 351.010(1)(u).
(16)
			 "Qualified laboratory" means a laboratory certified in accordance with the
			 National Laboratory Certification Program (NLCP) by the United States
			 Department of Health and Human Services' Substance Abuse and Mental Health
			 Services Administration (SAMHSA).
(17) "Reasonable suspicion testing" means
			 drug or alcohol testing that meets the requirements in  805 KAR 11:020, Section
			 2(2).
(18) "Serious physical
			 injury" is defined by KRS 351.010(1)(y).
(19) "Supervisory personnel" is defined by
			 KRS 351.010(1)(ac).