351.184 Division to notify applicant of test results when granting or denying
713 words·~3 min read·
/ky/351-184A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
certification -- Notification of options -- Issuance after evaluation, treatment,
and testing -- Right of appeal.
(1)The results of any testing performed by the division shall be given to the applicant
at the time of his or her notification of the granting or denial of certification.
(2)Certification of an applicant shall be denied if any one
(1)or more of the following
occur:
(a)The applicant's positive drug test results for any of the substances either listed
in KRS 351.182(8) or otherwise required to be tested for by order of the Mine
Safety Review Commission are deemed to fail by a medical review officer;
(b)The applicant's blood alcohol level is above .04 concentration at the time of
testing;
(c)The applicant's test results demonstrate the submission of an adulterated
specimen; or
(d)The applicant refuses to submit to a drug or alcohol test as required by KRS
351.182.
(a)Any applicant who is denied certification due to the results of the drug and
alcohol testing required by KRS 351.182 may:
1. Appeal to the Mine Safety Review Commission within thirty
(30)days
of receiving the notification required under KRS 351.120(12); or
2. Notify the commissioner of the Department for Natural Resources or the
director of the division within thirty
(30)of receiving the notification
required under KRS 351.120(12) that the applicant intends to be
evaluated by a medical professional trained in substance abuse
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 his or her
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 for a period of not less than three
years, and the holder shall remain ineligible for any other certification issued
by the division 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.
(c)For the purposes of this subsection, the completion of 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.
(4)The licenses and certifications of a miner who notifies the commissioner of the
Department for Natural Resources or the director of the division of his or her intent
to comply with subsection (3)(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
days of the notification required under KRS 351.120(12), 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.
(5)If the denial described in subsection
(3)of this section occurs following the miner's
first offense as described in this section or KRS 351.120, the miner shall not have
the option of notifying the division of his or her intent to comply with subsection
(3)(a)2. of this section. The miner shall only have the right to appeal the denial to
the Mine Safety Review Commission within thirty
(30)days of notification. If the
miner fails to appeal the denial, the penalty shall be assessed according to KRS
351.990(8)(b) or (c).