KRS 304.13-412: Workers' compensation premium -- Credit for certified drug -free

workplace program at coal mine.

(1) Any employer who is also a licensee of a coal mine that has implemented a drug -

free workplace program, including an employee assistance program, certified by the

Division of Mine Safety shall be eligible to obtain a credit on the licensee's

premium for workers' compensation insurance.

(2) Each insurer authorized to write workers' compensation insurance policies shall

provide the credit on the worker s' compensation premium to any employer who is

also a licensee of a coal mine for which the insurer has written a workers'

compensation policy. The credit on the workers' compensation premium shall not:

(a) Be available to those employers that are also lic ensees who do not maintain

their drug-free workplace program for the entire workers' compensation policy

period; or

(b) Apply to minimum premium policies.

(3) The Department of Insurance shall approve workers' compensation rating plans that

give a credit o n the premium for a certified drug -free workplace so long as the

credit is actuarially sound. The credit shall be at least five percent (5%) unless the

Department of Insurance determines that five percent (5%) is actuarially unsound.

(4) The credit on the workers' compensation premium may be applied by the insurer at

the final audit.