KRS 351.102: Certificate of competency and qualification or permit as trainee

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 (6)

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.