351.120 Issuance of certificates -- Form and content -- Classification -- Duty
1,527 words·~7 min read·
/ky/351-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
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).