{"data":{"id":"us-ky/krs-351.106","jurisdiction":"us-ky","citation":"KRS 351.106","heading":"Education and training program  -- Alcohol and substance abuse","body":"training and  education -- Retraining and  reeducation requirements --\nAdministrative regulations -- Implementation of program for training and\nexamination -- Records.\n(1) The  department shall establish criteria and  standards for a program of\neducation and training to be required of prospective miners, miners, and all\ncertified persons. This education and training shall be provided in a manner\ndetermined by the commissioner to be adequate to meet  the standards\nestablished by the department, which shall include as a minimum  the\nrequirements of KRS  351.102 and the requirements of the federal government\nfor the training of miners for new work assignments, and at least sixteen (16)\nhours of annual retraining and reeducation for all certified persons, of which\nthirty (30) minutes annually shall be dedicated to alcohol and substance abuse\neducation. Effective January 1, 2009, in addition, six (6) hours of annual\ntraining on changes  in mine  safety laws, safe retreat mining practices,\ndisciplinary cases litigated before the Mine  Safety Review  Commission,\nchanges  in mine safety technology, and  ways  to improve safe working\nprocedures shall be required for all mine foremen. This annual training for mine\nforemen shall be provided exclusively by the division.\n(2) One  (1) hour of initial substance abuse training and education shall be required\nas part of the certified miner's first annual retraining conducted in a classroom\nthat occurs after August 1, 2006. This requirement shall not apply to certified\npersons who received the one (1) hour initial substance abuse training and\neducation as part of their forty (40) hour or twenty-four (24) hour new miner\ntraining.\n(3) In addition to the thirty (30) minutes of annual alcohol and substance abuse\neducation required for certified miners, supervisory personnel shall be required\nto receive an additional thirty (30) minutes of alcohol and substance abuse\nawareness training annually.\n(4) Beginning with the first full calendar year after the effective date established by\nthe department and during each calendar year thereafter, each certified miner\nshall receive at least sixteen (16) hours of retraining and reeducation.\n(5) Newly  hired experienced miner training shall satisfy the miner's annual\nretraining requirement if a time lapse occurs between the miner's last training\nanniversary date and the next scheduled training anniversary date for the mine\nwhere  he is newly employed, if the miner has complied with the annual\nretraining requirements within the last twelve (12) months from the date of his\nnewly hired experienced miner training.\n(6) Retraining and reeducation sessions shall be conducted at times and in\nnumbers to reasonably assure each certified miner an opportunity to attend.\n(7) The  licensee shall pay all certified miners their regular wages and benefits\nwhile they receive training required by the department.\n(8) Willful failure of a working miner to complete annual retraining and reeducation\nrequirements shall constitute grounds for revocation, suspension, or probation\nof his certificate.\n(9) If the department discovers a miner working without proper training or the\nlicensee cannot provide proof of training, the miner shall be withdrawn\nimmediately from the mine and the licensee shall pay the miner his regular\nwages  until the training is administered and properly documented.\n(10) When  employment is terminated, the licensee shall provide the employee a\ncopy of his training records, upon request. If the employee does not request his\ntraining records immediately, the licensee shall, within fifteen (15) days, provide\nthe employee with those training records.\n(11) The department may, upon its own motion or whenever requested to do so by\nthe commissioner, deem  applicable certificates issued by other states to be\nproof of training and education equal to the requirements of KRS  351.102 or\ndeem  training provided by appropriate federal agencies to be adequate to meet\ntraining and education requirements established by the department, if the\ntraining and education meet the minimum requirements of this chapter.\n(12) The  secretary may  promulgate administrative regulations necessary to\nestablish a program to implement the provisions of this chapter according to\nthe criteria and standards established by the department. This program shall\ninclude but not be limited to implementation of a program of instruction and the\nconduct of examinations to test each applicant's knowledge and understanding\nof the training and instruction.\n(13) The  commissioner shall keep and maintain current records on all certified\nminers, all of which shall be maintained by computer for ready access. The\ncommissioner shall not grant certification to any person that, at the time of\napplication, had his or her miner certification, foreman certification, electrician\ncertification, or any other mining specialty certification suspended or revoked\nby  another state. If a person has his or her miner certification, foreman\ncertification, electrician certification, or other mining specialty certification\nprobated in another state, the commissioner may, at his or her discretion, grant\nthe equivalent certification. However, that certification shall be placed on\nprobation in Kentucky until the probationary period in the other state has\nexpired.\n(14) The  commissioner is authorized and directed to utilize state mine safety\nspecialists, private and public institutions of education, and other qualified\npersons  available to him in implementing the program of instruction and\nexamination.\n(15) The  commissioner is authorized and directed to utilize state and federal\nmoneys  and personnel that may be available to the department for educational\nand training purposes in the implementation of the provisions of this chapter.\n(16) All training and education required by this section may  be conducted in\nclassrooms, on the job, or in simulated mines.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46550","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"3803211a18b4924d721a3676924ec2e93b7d5323de46466b447466ea551b5da8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.1055","next":"us-ky/krs-351.107"},"notice":"GroundRules: Original legal text. Not legal advice."}