{"data":{"id":"us-ky/krs-351.182","jurisdiction":"us-ky","citation":"KRS 351.182","heading":"Drug -and alcohol -free status required for miner certification -- Proof --","body":"Costs of testing -- Breath alcohol device at examination site -- Ten-panel urine\ntest.\n(1) All applicants for certification as new miners and all initial applicants for  all other\ncertifications provided for in this chapter shall provide proof of drug - and alcohol-\nfree status prior to certification in accordance with the provisions of this section.\n(2) Proof of drug - and alcohol -free status shall be provided in one (1) of  two (2)\nmethods:\n(a) By participation in a drug and alcohol testing program offered by the division\nand paid for by the applicant, in accordance with this section and KRS\n351.183; or\n(b) By the submission of drug and alcohol test results from other source s, as\nprovided in KRS 351.183(2).\n(3) If a newly certified miner gains employment in the coal industry, the initial\nemployer shall reimburse the certified miner for the cost of one (1) drug and alcohol\ntest required by this section and KRS 351.183, 351.184, and 351.185.\n(4) If the applicant is currently certified in any category other than that for which he is\napplying by the division and the applicant is currently employed in the coal\nindustry, the applicant's employer shall reimburse the applicant for the  cost of one\n(1) drug and alcohol test required by this section and KRS 351.183, 351.184, and\n351.185.\n(5) The fee charged to an applicant for the drug and alcohol tests offered by the division\nshall not exceed the actual cost of collection, analysis, and medical review officer\n(MRO) review.\n(6) The division shall provide, at each site of examinations for the certifications\nprovided for in Chapter 351, a breath alcohol testing device and a person certified in\nthe operation of the breath alcohol testing devi ce. The breath alcohol test shall be\nadministered prior to examination to determine the applicant's alcohol -free status.\nThe division may satisfy the requirement to furnish an alcohol testing device and\ncertified personnel by:\n(a) The use of equipment and appropriately certified personnel of the division;\n(b) A memorandum of agreement with state or local police agencies for the\nprovision of equipment and appropriately trained personnel at the examination\nsite; or\n(c) Inclusion of breath alcohol testing as p art of the contract to provide drug\ntesting and collection services set out in KRS 351.183(1).\n(7) A breath alcohol concentration of .04 shall be the maximum acceptable level of\nconcentration for participation in the examination and subsequent certification.\n(8) Except for an alternative testing protocol provided for post -accident victims under\nKRS 352.180(6) to (8), the minimum testing protocol acceptable for the\nestablishment of drug-free status for certification under KRS Chapter 351 shall be at\nleast a ten (10) panel urine test that shall include testing for the following\nsubstances:\n(a) Amphetamines;\n(b) Cannabanoids/THC;\n(c) Cocaine;\n(d) Opiates;\n(e) Phencyclidine (PCP);\n(f) Benzodiazepines;\n(g) Propoxyphene;\n(h) Buprenorphine;\n(i) Methadone;\n(j) Barbiturates; and\n(k) The remaining panels to be used in the urine test shall be set by order of the\nMine Safety Review Commission no later than June 1 of each year.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47733","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"ab8fb41bdcb728728f290d52bacaab4b677cd4312afbac69908614bce88fb4dc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.180","next":"us-ky/krs-351.183"},"notice":"GroundRules: Original legal text. Not legal advice."}