{"data":{"id":"us-ky/krs-351.102","jurisdiction":"us-ky","citation":"KRS 351.102","heading":"Certificate of competency  and qualification or permit as trainee","body":"required -- Proof of drug- and  alcohol-free status to be submitted --\nExaminations -- Hearing -- Appeals.\n(1) No  person shall be assigned mining duties by a licensee as a laborer or\nsupervisor unless the person holds a valid certificate of competency  and\nqualification or a valid permit as trainee issued in accordance with this section.\n(2) The  division shall require that all applicants for certified miner and initial\napplicants for other mining certifications pursuant to this chapter shall submit\nproof that he or she is drug and alcohol free. The proof shall be submitted in\naccordance with KRS 351.182 and 351.183.\n(3) A permit as trainee miner shall be issued by the commissioner to any person\nwho  has submitted proof that he or she is drug and alcohol free in accordance\nwith KRS  351.182 and 351.183, and has completed a program of education of\na minimum of forty (40) hours for underground mining or twenty-four (24) hours\nfor surface mining comprised of sixteen (16) hours of classroom training and\neight (8) hours of mine specifics or who  has completed a certified mine\ntechnology program  and  has  passed  an  examination approved by  the\ncommissioner. An additional eight (8) hours of mine-specific training shall be\nadministered to the trainee miner by the licensee, which training shall be\ndocumented  on a form approved by the commissioner. This education and\ntraining program shall be determined and established by the department, as\nprovided in KRS  351.106. A requirement for a permit as a trainee miner shall\nbe  one (1) hour of classroom training dedicated to alcohol and substance\nabuse education.\n(4) Trainee miners shall work within the sight and sound of a certified miner.\n(5) Any miner holding a certificate of competency and qualification may have one\n(1) person working with him and under his direction as a trainee miner. Any\nperson certified as a mine foreman or assistant mine foreman shall have no\nmore than five (5) persons working under his supervision or direction as trainee\nminers for the purpose of learning and being instructed in the duties of\nunderground coal mining.\n(6) A certificate of competency and qualification as a miner shall be issued by the\ncommissioner to any person who has a minimum  of forty-five (45) working\ndays' experience within a thirty-six (36) month period as a trainee miner and\ndemonstrated competence as a miner. Any trainee miner who exceeds six (6)\nmonths  in obtaining the forty-five (45) working days of experience required in\nthis section, shall submit proof of alcohol- and drug-free status in accordance\nwith the provisions of KRS 351.182 and 351.183.\n(7) All examinations for the certification of a miner shall be of a practical nature\nand  shall determine the competency  and qualification of the applicant to\nengage  in the mining of coal with reasonable safety to himself and his fellow\nemployees. The  examination may  be given orally, upon approval by the\ncommissioner, if the miner is unable to read or comprehend  a written\nexamination.\n(8) Examinations shall be held in any regional office during regular business\nhours.\n(9) If the commissioner or his authorized representative finds that an applicant is\nnot qualified and competent, he shall notify the applicant as soon as possible,\nbut in no case more than thirty (30) days after the date of examination.\n(10) Any  applicant aggrieved by an action of the commissioner or his authorized\nrepresentative in failing or refusing to issue a certificate of qualification and\ncompetency  shall, within ten (10) days of notice of the action complained of,\nappeal to the commissioner who  shall either affirm the action or issue the\ncertificate to the applicant.\n(11) If the applicant is aggrieved by the action of the commissioner, he may appeal\nto the commission which shall hold a hearing on the matter in accordance with\nKRS  Chapter 13B.\n(12) The applicant may appeal from the final order of the commission by filing in the\nFranklin Circuit Court a petition for appeal in accordance with KRS  Chapter\n13B.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46546","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"c07a82e89ecbc803fa131c2069fd014e6ca7ec38a3953779e86403516882f63d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.101","next":"us-ky/krs-351.103"},"notice":"GroundRules: Original legal text. Not legal advice."}