351.102 Certificate of competency and qualification or permit as trainee
666 words·~3 min read·
/ky/351-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
required -- Proof of drug- and alcohol-free status to be submitted --
Examinations -- Hearing -- Appeals.
(1)No person shall be assigned mining duties by a licensee as a laborer or
supervisor unless the person holds a valid certificate of competency and
qualification or a valid permit as trainee issued in accordance with this section.
(2)The division shall require that all applicants for certified miner and initial
applicants for other mining certifications pursuant to this chapter 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.
(3)A permit as trainee miner shall be issued by the commissioner to any person
who has submitted proof that he or she is drug and alcohol free in accordance
with KRS 351.182 and 351.183, and has completed a program of education of
a minimum of forty
(40)hours for underground mining or twenty-four
(24)hours
for surface mining comprised of sixteen
(16)hours of classroom training and
eight
(8)hours of mine specifics or who has completed a certified mine
technology program and has passed an examination approved by the
commissioner. An additional eight
(8)hours of mine-specific training shall be
administered to the trainee miner by the licensee, which training shall be
documented on a form approved by the commissioner. This education and
training program shall be determined and established by the department, as
provided in KRS 351.106. A requirement for a permit as a trainee miner shall
be one
(1)hour of classroom training dedicated to alcohol and substance
abuse education.
(4)Trainee miners shall work within the sight and sound of a certified miner.
(5)Any miner holding a certificate of competency and qualification may have one
(1)person working with him and under his direction as a trainee miner. Any
person certified as a mine foreman or assistant mine foreman shall have no
more than five
(5)persons working under his supervision or direction as trainee
miners for the purpose of learning and being instructed in the duties of
underground coal mining.
(6)A certificate of competency and qualification as a miner shall be issued by the
commissioner to any person who has a minimum of forty-five
(45)working
days' experience within a thirty-six
(36)month period as a trainee miner and
demonstrated competence as a miner. Any trainee miner who exceeds six
months in obtaining the forty-five
(45)working days of experience required in
this section, shall submit proof of alcohol- and drug-free status in accordance
with the provisions of KRS 351.182 and 351.183.
(7)All examinations for the certification of a miner shall be of a practical nature
and shall determine the competency and qualification of the applicant to
engage in the mining of coal with reasonable safety to himself and his fellow
employees. The examination may be given orally, upon approval by the
commissioner, if the miner is unable to read or comprehend a written
examination.
(8)Examinations shall be held in any regional office during regular business
hours.
(9)If the commissioner or his authorized representative finds that an applicant is
not qualified and competent, he shall notify the applicant as soon as possible,
but in no case more than thirty
(30)days after the date of examination.
(10)Any applicant aggrieved by an action of the commissioner or his authorized
representative in failing or refusing to issue a certificate of qualification and
competency shall, within ten
(10)days of notice of the action complained of,
appeal to the commissioner who shall either affirm the action or issue the
certificate to the applicant.
(11)If the applicant is aggrieved by the action of the commissioner, he may appeal
to the commission which shall hold a hearing on the matter in accordance with
KRS Chapter 13B.
(12)The applicant may appeal from the final order of the commission by filing in the
Franklin Circuit Court a petition for appeal in accordance with KRS Chapter
13B.