KRS 351.182: Drug -and alcohol -free status required for miner certification -- Proof --

Costs of testing -- Breath alcohol device at examination site -- Ten-panel urine

test.

(1) All applicants for certification as new miners and all initial applicants for all other

certifications provided for in this chapter shall provide proof of drug - and alcohol-

free status prior to certification in accordance with the provisions of this section.

(2) Proof of drug - and alcohol -free status shall be provided in one (1) of two (2)

methods:

(a) By participation in a drug and alcohol testing program offered by the division

and paid for by the applicant, in accordance with this section and KRS

351.183; or

(b) By the submission of drug and alcohol test results from other source s, as

provided in KRS 351.183(2).

(3) If a newly certified miner gains employment in the coal industry, the initial

employer shall reimburse the certified miner for the cost of one (1) drug and alcohol

test required by this section and KRS 351.183, 351.184, and 351.185.

(4) If the applicant is currently certified in any category other than that for which he is

applying by the division and the applicant is currently employed in the coal

industry, the applicant's employer shall reimburse the applicant for the cost of one

(1) drug and alcohol test required by this section and KRS 351.183, 351.184, and

351.185.

(5) The fee charged to an applicant for the drug and alcohol tests offered by the division

shall not exceed the actual cost of collection, analysis, and medical review officer

(MRO) review.

(6) The division shall provide, at each site of examinations for the certifications

provided for in Chapter 351, a breath alcohol testing device and a person certified in

the operation of the breath alcohol testing devi ce. The breath alcohol test shall be

administered prior to examination to determine the applicant's alcohol -free status.

The division may satisfy the requirement to furnish an alcohol testing device and

certified personnel by:

(a) The use of equipment and appropriately certified personnel of the division;

(b) A memorandum of agreement with state or local police agencies for the

provision of equipment and appropriately trained personnel at the examination

site; or

(c) Inclusion of breath alcohol testing as p art of the contract to provide drug

testing and collection services set out in KRS 351.183(1).

(7) A breath alcohol concentration of .04 shall be the maximum acceptable level of

concentration for participation in the examination and subsequent certification.

(8) Except for an alternative testing protocol provided for post -accident victims under

KRS 352.180(6) to (8), the minimum testing protocol acceptable for the

establishment of drug-free status for certification under KRS Chapter 351 shall be at

least a ten (10) panel urine test that shall include testing for the following

substances:

(a) Amphetamines;

(b) Cannabanoids/THC;

(c) Cocaine;

(d) Opiates;

(e) Phencyclidine (PCP);

(f) Benzodiazepines;

(g) Propoxyphene;

(h) Buprenorphine;

(i) Methadone;

(j) Barbiturates; and

(k) The remaining panels to be used in the urine test shall be set by order of the

Mine Safety Review Commission no later than June 1 of each year.