{"data":{"id":"us-ky/krs-351.120","jurisdiction":"us-ky","citation":"KRS 351.120","heading":"Issuance of certificates -- Form  and content -- Classification -- Duty","body":"of applicant -- Drug- or alcohol-test-related suspension or revocation of\ncertification or license -- Notification of options -- Reissuance  after\nevaluation, treatment, and testing.\n(1) The commissioner shall issue a certificate to each person who possesses the\nqualifications required by law for mine inspector, electrical inspector, surface or\nunderground mine safety instructor, surface mine safety analyst, assistant mine\nforeman, mine foreman, shotfirer, and other mining specialties as established\nby  the department, or miner who  has passed the examination given by\ndirection of the department for that position, and who has met the requirements\nfor drug- and alcohol-free status.\n(2) The certificate shall be in such form as the commissioner prescribes, shall be\nsigned by the commissioner, and shall show that the holder has passed the\nrequired examination and possesses the qualifications required by law for mine\ninspector, electrical inspector, surface or underground mine safety instructor,\nsurface mine safety analyst, assistant mine foreman, mine foreman, shotfirer,\nand other mining specialties as established by the department, or miner and is\nauthorized to act as such.\n(3) Certificates issued to mine foremen and assistant mine foremen shall be\nclassified as follows:\n(a) Mine foreman certificates, authorizing the holder to act as foreman for all\nclasses of coal mines; and\n(b) Assistant mine foreman certificates, authorizing the holder to act as\nassistant foreman.\n(4) Any  mine foreman or assistant mine foreman may act as a fire boss or mine\nexaminer. This shall not apply to persons holding a second class mine foreman\ncertificate issued before June 16, 1972.\n(5) The  class of mine foreman's certificate awarded shall be determined by the\ndepartment according to the experience of the applicant.\n(6) No  certificate shall be granted to any person who does not present to the\ndepartment satisfactory evidence, in the form of affidavits, that the applicant\nhas  had the required practical experience in underground or surface coal\nmines. A data sheet shall be filed by each applicant showing places of\nemployment, beginning month and year and ending month and year employed\nby each company  and list jobs performed, showing at least the number of\nrequired years. Affidavit and data sheet forms shall be furnished by the\ndepartment. The applicant also shall submit proof that he or she is drug and\nalcohol free. The proof shall be submitted in accordance with KRS 351.182 and\n351.183. For the purpose of this section, persons holding a four (4) year\ndegree in mining engineering from a recognized institution shall be credited\nwith the equivalent of two (2) years of practical experience in coal mines when\napplying for any mine foreman or assistant mine foreman certificate. Persons\nholding an associate degree in mining from a recognized institution shall be\ncredited with the equivalent of two (2) years' experience when applying for a\nmine foreman certificate and one (1) year when applying for an assistant mine\nforeman certificate. Persons desiring to use their mining engineering or mining\ntechnology degree as credit for practical experience toward a mine foreman or\nassistant mine foreman certificate shall file proof of having received their\ndegree prior to the examination.\n(7) Applicants for an underground mine foreman certificate shall have five (5)\nyears' practical underground coal mining experience acquired after achieving\nthe age of eighteen (18), with at least one (1) year of this experience acquired\non  an active working section of an underground mine. Applicants for an\nunderground assistant mine foreman certificate shall have three (3) years'\npractical underground experience acquired after achieving the age of eighteen\n(18), with at least one (1) year of this experience acquired on an active working\nsection of an underground mine.\n(8) Applicants for surface mine foremen certification shall have three (3) years'\npractical surface mine experience acquired after achieving the age of eighteen\n(18); for surface mine foreman certification with a specialty in coal extraction, at\nleast one (1) year of the required practical experience shall have been acquired\nfrom direct involvement in the mining or extraction of coal at a surface mine.\nFor  a surface mine  foreman certification with a specialty in postmining\nactivities, at least one (1) year of the required experience shall have been\nacquired from direct involvement in the performance of such activities at a\nsurface or underground mine, coal preparation plant, or other coal-handling\nfacility. Notwithstanding any requirement in this subsection to the contrary, a\nperson having three (3) years' of underground or surface mining experience\nshall qualify for a surface mine foreman certification with a specialty in\npostmining activities if the person has documented experience of at least one\n(1) year in the performance of these activities. Persons holding a surface mine\nforeman certificate prior to July 15, 1998, are not affected by this section.\n(9) Persons possessing certificates of qualifications to act as mine inspector, mine\nforeman, assistant mine foreman, or fire boss prior to July 15, 1982, are not\naffected by this section.\n(10) When  approved by  the commissioner, a  person who  has  successfully\ncompleted any mine foreman or assistant mine foreman examination and\nsubmitted proof that he or she is drug and alcohol free in accordance with KRS\n351.182 and 351.183 may be granted a temporary certification that is valid only\nuntil the department acts upon his or her certification at its next regularly\nscheduled meeting.\n(11) A member  of the supervisory personnel shall be present at the working section\nexcept in cases of emergencies at all times employees under his supervision\nare at the working section on coal-producing shifts.\n(12) The  commissioner immediately shall suspend any certification for violation of\ndrug- and alcohol-free status or for failure or refusal to submit to a drug and\nalcohol test authorized by KRS  351.182, 351.183, 351.184, 351.185, and\n352.180. The commissioner shall, by certified mail, notify the holder of the\ncertification of his or her suspension and of the following:\n(a) The right to pursue one (1) of the following options:\n1. Appeal  the suspension to the Mine Safety Review Commission\nwithin thirty (30) days of the notification; or\n2. Notify the commissioner of the Department for Natural Resources or\nthe director of the Division of Mine Safety within thirty (30) days of\nthe notification that the holder intends to be evaluated by a medical\nprofessional trained in substance treatment, to complete any\nprescribed treatment, and to submit an acceptable result from a drug\nand alcohol test as required by KRS 351.182;\n(b) Failure to file an appeal or failure to notify the commissioner of the\nDepartment for Natural Resources or the director of the Division of Mine\nSafety of the holder's intent to comply with paragraph (a)2. of this\nsubsection within thirty (30) days of the notification shall result in the\nrevocation of all licenses and certifications issued by the Division of Mine\nSafety for a period of not less than three (3) years, and the holder shall\nremain ineligible for any other certification issued by the Division of Mine\nSafety during the revocation period. Certifications and licenses revoked\nunder this paragraph may be reissued by:\n1. Compliance with all training and testing requirements;\n2. Satisfying the requirements of KRS 351.182 and 351.183; and\n3. Compliance with all orders of the Mine Safety Review Commission;\nand\n(c) The  completion of the evaluation, treatment, and submission of an\nacceptable drug test pursuant to paragraph (a)2. of this subsection or the\nrevocation described under paragraph (b) of this subsection shall be\nconsidered a first offense.\n(13) The licenses and certifications of a miner who notifies the commissioner of the\nDepartment for Natural Resources or the director of the Division of Mine Safety\nof his or her intent to comply with subsection (12)(a)2. of this section shall\nremain suspended until the miner has provided proof of the evaluation and\nsuccessful completion of any prescribed treatment and  has submitted a\nnegative drug and alcohol test as required by KRS  351.182 to the division. The\ndrug and alcohol test shall be taken no more than thirty (30) days prior to the\nsubmission of the proof required by this section. Upon receipt and review of the\nproof by the division, the miner's licenses and certifications shall be restored. In\nthe  event that the miner fails to successfully complete the evaluation,\ntreatment, and drug test within one hundred twenty (120) days of his or her\nnotification pursuant to subsection (12)(a)2. of this section, the miner's licenses\nand  certifications issued by the division shall be  revoked for a period\nprescribed under KRS  351.990(8). The one hundred twenty (120) day time\nperiod set out in this section shall be extended upon proof that the miner is\ncomplying with the recommendations of the medical professional.\n(14) If the suspension described in subsection (12) of this section occurs following\nthe miner's first offense as described in this section or KRS  351.184, the\nnotification sent to the miner shall not include the option of notifying the division\nof the miner's intent to seek an evaluation and treatment. The miner shall only\nhave  the right to appeal the suspension to the Mine  Safety Review\nCommission  within thirty (30) days of notification. If the miner fails to appeal the\nsuspension, the penalty shall be assessed according to KRS  351.990(8)(b) or\n(c).","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46552","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"eb34d5e00ade037dc3c9e874bbe4575cab890f3390bb441894df9ea9439ae8d9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.110","next":"us-ky/krs-351.122"},"notice":"GroundRules: Original legal text. Not legal advice."}