351.106 Education and training program -- Alcohol and substance abuse
896 words·~4 min read·
/ky/351-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
training and education -- Retraining and reeducation requirements --
Administrative regulations -- Implementation of program for training and
examination -- Records.
(1)The department shall establish criteria and standards for a program of
education and training to be required of prospective miners, miners, and all
certified persons. This education and training shall be provided in a manner
determined by the commissioner to be adequate to meet the standards
established by the department, which shall include as a minimum the
requirements of KRS 351.102 and the requirements of the federal government
for the training of miners for new work assignments, and at least sixteen
hours of annual retraining and reeducation for all certified persons, of which
thirty
(30)minutes annually shall be dedicated to alcohol and substance abuse
education. Effective January 1, 2009, in addition, six
(6)hours of annual
training on changes in mine safety laws, safe retreat mining practices,
disciplinary cases litigated before the Mine Safety Review Commission,
changes in mine safety technology, and ways to improve safe working
procedures shall be required for all mine foremen. This annual training for mine
foremen shall be provided exclusively by the division.
(2)One
(1)hour of initial substance abuse training and education shall be required
as part of the certified miner's first annual retraining conducted in a classroom
that occurs after August 1, 2006. This requirement shall not apply to certified
persons who received the one
(1)hour initial substance abuse training and
education as part of their forty
(40)hour or twenty-four
(24)hour new miner
training.
(3)In addition to the thirty
(30)minutes of annual alcohol and substance abuse
education required for certified miners, supervisory personnel shall be required
to receive an additional thirty
(30)minutes of alcohol and substance abuse
awareness training annually.
(4)Beginning with the first full calendar year after the effective date established by
the department and during each calendar year thereafter, each certified miner
shall receive at least sixteen
(16)hours of retraining and reeducation.
(5)Newly hired experienced miner training shall satisfy the miner's annual
retraining requirement if a time lapse occurs between the miner's last training
anniversary date and the next scheduled training anniversary date for the mine
where he is newly employed, if the miner has complied with the annual
retraining requirements within the last twelve
(12)months from the date of his
newly hired experienced miner training.
(6)Retraining and reeducation sessions shall be conducted at times and in
numbers to reasonably assure each certified miner an opportunity to attend.
(7)The licensee shall pay all certified miners their regular wages and benefits
while they receive training required by the department.
(8)Willful failure of a working miner to complete annual retraining and reeducation
requirements shall constitute grounds for revocation, suspension, or probation
of his certificate.
(9)If the department discovers a miner working without proper training or the
licensee cannot provide proof of training, the miner shall be withdrawn
immediately from the mine and the licensee shall pay the miner his regular
wages until the training is administered and properly documented.
(10)When employment is terminated, the licensee shall provide the employee a
copy of his training records, upon request. If the employee does not request his
training records immediately, the licensee shall, within fifteen
(15)days, provide
the employee with those training records.
(11)The department may, upon its own motion or whenever requested to do so by
the commissioner, deem applicable certificates issued by other states to be
proof of training and education equal to the requirements of KRS 351.102 or
deem training provided by appropriate federal agencies to be adequate to meet
training and education requirements established by the department, if the
training and education meet the minimum requirements of this chapter.
(12)The secretary may promulgate administrative regulations necessary to
establish a program to implement the provisions of this chapter according to
the criteria and standards established by the department. This program shall
include but not be limited to implementation of a program of instruction and the
conduct of examinations to test each applicant's knowledge and understanding
of the training and instruction.
(13)The commissioner shall keep and maintain current records on all certified
miners, all of which shall be maintained by computer for ready access. The
commissioner shall not grant certification to any person that, at the time of
application, had his or her miner certification, foreman certification, electrician
certification, or any other mining specialty certification suspended or revoked
by another state. If a person has his or her miner certification, foreman
certification, electrician certification, or other mining specialty certification
probated in another state, the commissioner may, at his or her discretion, grant
the equivalent certification. However, that certification shall be placed on
probation in Kentucky until the probationary period in the other state has
expired.
(14)The commissioner is authorized and directed to utilize state mine safety
specialists, private and public institutions of education, and other qualified
persons available to him in implementing the program of instruction and
examination.
(15)The commissioner is authorized and directed to utilize state and federal
moneys and personnel that may be available to the department for educational
and training purposes in the implementation of the provisions of this chapter.
(16)All training and education required by this section may be conducted in
classrooms, on the job, or in simulated mines.