KRS 351.106: Education and training program -- Alcohol and substance abuse

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 (16)

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.