Kentucky Statutes 351.102 – Certificate of competency and qualification or permit as trainee required — Proof of drug- and alcohol-free status to be submitted — Examinations — Hearing — Appeals
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(1) No person shall be assigned mining duties by a licensee as a laborer or supervisor unless the person holds a valid certificate of competency and qualification or a valid permit as trainee issued in accordance with this section.
(2) The division shall require that all applicants for certified miner and initial applicants for other mining certifications pursuant to this chapter shall submit proof that he or she is drug and alcohol free. The proof shall be submitted in accordance with KRS § 351.182 and KRS § 351.183.
(3) A permit as trainee miner shall be issued by the commissioner to any person who has submitted proof that he or she is drug and alcohol free in accordance with KRS § 351.182 and KRS § 351.183, and has completed a program of education of a minimum of forty (40) hours for underground mining or twenty-four (24) hours for surface mining comprised of sixteen (16) hours of classroom training and eight (8) hours of mine specifics or who has completed a certified mine technology program and has passed an examination approved by the commissioner. An additional eight (8) hours of mine-specific training shall be administered to the trainee miner by the licensee, which training shall be documented on a form approved by the commissioner. This education and training program shall be determined and established by the department, as provided in KRS § 351.106. A requirement for a permit as a trainee miner shall be one (1) hour of classroom training dedicated to alcohol and substance abuse education.
(4) Trainee miners shall work within the sight and sound of a certified miner.
(5) Any miner holding a certificate of competency and qualification may have one (1) person working with him and under his direction as a trainee miner. Any person certified as a mine foreman or assistant mine foreman shall have no more than five (5) persons working under his supervision or direction as trainee miners for the purpose of learning and being instructed in the duties of underground coal mining.
(6) A certificate of competency and qualification as a miner shall be issued by the commissioner to any person who has a minimum of forty-five (45) working days’ experience within a thirty-six (36) month period as a trainee miner and demonstrated competence as a miner. Any trainee miner who exceeds six (6) months in obtaining the forty-five (45) working days of experience required in this section, shall submit proof of alcohol- and drug-free status in accordance with the provisions of KRS § 351.182 and KRS § 351.183.
(7) All examinations for the certification of a miner shall be of a practical nature and shall determine the competency and qualification of the applicant to engage in the mining of coal with reasonable safety to himself and his fellow employees. The examination may be given orally, upon approval by the commissioner, if the miner is unable to read or comprehend a written examination.
(8) Examinations shall be held in any regional office during regular business hours.
(9) If the commissioner or his authorized representative finds that an applicant is not qualified and competent, he shall notify the applicant as soon as possible, but in no case more than thirty (30) days after the date of examination.
(10) Any applicant aggrieved by an action of the commissioner or his authorized representative in failing or refusing to issue a certificate of qualification and competency shall, within ten (10) days of notice of the action complained of, appeal to the commissioner who shall either affirm the action or issue the certificate to the applicant.
(11) If the applicant is aggrieved by the action of the commissioner, he may appeal to the commission which shall hold a hearing on the matter in accordance with KRS Chapter 13B.
(12) The applicant may appeal from the final order of the commission by filing in the
Franklin Circuit Court a petition for appeal in accordance with KRS Chapter
13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 32, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 87, sec. 13, effective June 24, 2015. — Amended
2006 Ky. Acts ch. 241, sec. 10, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 355, sec. 3, effective July 15, 2002. — Amended 2001 Ky. Acts ch. 149, sec. 8, effective March 20, 2001. — Amended 2000 Ky. Acts ch. 68, sec. 1, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 308, sec. 6, effective April
9, 1996; and ch. 318, sec. 331, effective July 15, 1996. — Amended 1980 Ky. Acts ch. 114, sec. 100, effective July 15, 1980. — Amended 1978 Ky. Acts ch.
301, sec. 3, effective June 17, 1978. — Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 2.
Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8,
1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor’s signed copy of the Act was filed with the Secretary of State.
Legislative Research Commission Note (7/15/96). This section was amended by
1996 Ky. Acts chs. 308 and 318. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 308, which was last enacted by the General Assembly, prevails under KRS § 446.250.
Legislative Research Commission Note (7/14/2000). The reference to KRS
351.105 in subsection (2) of this section has been changed to KRS § 351.106 under KRS § 7.136(1)(e). Treatment of the “education and training program” formerly contained in KRS § 351.105 was transferred to KRS § 351.106 by 1996 Ky. Acts ch. 308, secs. 7 and 8.
(2) The division shall require that all applicants for certified miner and initial applicants for other mining certifications pursuant to this chapter shall submit proof that he or she is drug and alcohol free. The proof shall be submitted in accordance with KRS § 351.182 and KRS § 351.183.
Terms Used In Kentucky Statutes 351.102
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assistant mine foreman: means a certified person designated to assist the mine foreman in the supervision of a portion or the whole of a mine or of the persons employed therein. See Kentucky Statutes 351.010
- Commission: means the Mine Safety Review Commission created by KRS
351. See Kentucky Statutes 351.010 - Department: means the Department for Natural Resources. See Kentucky Statutes 351.010
- Division: means the Division of Mine Safety. See Kentucky Statutes 351.010
- Final order of the commission: means an order which has not been appealed to the Franklin Circuit Court within thirty (30) days of entry, or an order affirming the commission's order that has been entered by any court within the Commonwealth and for which all appeals have been exhausted. See Kentucky Statutes 351.010
- Licensee: means any owner, operator, lessee, corporation, partnership, or other person who procures a license from the department to operate a coal mine. See Kentucky Statutes 351.010
- Mine: means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. See Kentucky Statutes 351.010
- Mine foreman: means a certified person whom the licensee or superintendent places in charge of the workings of the mine and of the persons employed therein. See Kentucky Statutes 351.010
- Month: means calendar month. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) A permit as trainee miner shall be issued by the commissioner to any person who has submitted proof that he or she is drug and alcohol free in accordance with KRS § 351.182 and KRS § 351.183, and has completed a program of education of a minimum of forty (40) hours for underground mining or twenty-four (24) hours for surface mining comprised of sixteen (16) hours of classroom training and eight (8) hours of mine specifics or who has completed a certified mine technology program and has passed an examination approved by the commissioner. An additional eight (8) hours of mine-specific training shall be administered to the trainee miner by the licensee, which training shall be documented on a form approved by the commissioner. This education and training program shall be determined and established by the department, as provided in KRS § 351.106. A requirement for a permit as a trainee miner shall be one (1) hour of classroom training dedicated to alcohol and substance abuse education.
(4) Trainee miners shall work within the sight and sound of a certified miner.
(5) Any miner holding a certificate of competency and qualification may have one (1) person working with him and under his direction as a trainee miner. Any person certified as a mine foreman or assistant mine foreman shall have no more than five (5) persons working under his supervision or direction as trainee miners for the purpose of learning and being instructed in the duties of underground coal mining.
(6) A certificate of competency and qualification as a miner shall be issued by the commissioner to any person who has a minimum of forty-five (45) working days’ experience within a thirty-six (36) month period as a trainee miner and demonstrated competence as a miner. Any trainee miner who exceeds six (6) months in obtaining the forty-five (45) working days of experience required in this section, shall submit proof of alcohol- and drug-free status in accordance with the provisions of KRS § 351.182 and KRS § 351.183.
(7) All examinations for the certification of a miner shall be of a practical nature and shall determine the competency and qualification of the applicant to engage in the mining of coal with reasonable safety to himself and his fellow employees. The examination may be given orally, upon approval by the commissioner, if the miner is unable to read or comprehend a written examination.
(8) Examinations shall be held in any regional office during regular business hours.
(9) If the commissioner or his authorized representative finds that an applicant is not qualified and competent, he shall notify the applicant as soon as possible, but in no case more than thirty (30) days after the date of examination.
(10) Any applicant aggrieved by an action of the commissioner or his authorized representative in failing or refusing to issue a certificate of qualification and competency shall, within ten (10) days of notice of the action complained of, appeal to the commissioner who shall either affirm the action or issue the certificate to the applicant.
(11) If the applicant is aggrieved by the action of the commissioner, he may appeal to the commission which shall hold a hearing on the matter in accordance with KRS Chapter 13B.
(12) The applicant may appeal from the final order of the commission by filing in the
Franklin Circuit Court a petition for appeal in accordance with KRS Chapter
13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 32, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 87, sec. 13, effective June 24, 2015. — Amended
2006 Ky. Acts ch. 241, sec. 10, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 355, sec. 3, effective July 15, 2002. — Amended 2001 Ky. Acts ch. 149, sec. 8, effective March 20, 2001. — Amended 2000 Ky. Acts ch. 68, sec. 1, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 308, sec. 6, effective April
9, 1996; and ch. 318, sec. 331, effective July 15, 1996. — Amended 1980 Ky. Acts ch. 114, sec. 100, effective July 15, 1980. — Amended 1978 Ky. Acts ch.
301, sec. 3, effective June 17, 1978. — Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 2.
Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8,
1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor’s signed copy of the Act was filed with the Secretary of State.
Legislative Research Commission Note (7/15/96). This section was amended by
1996 Ky. Acts chs. 308 and 318. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 308, which was last enacted by the General Assembly, prevails under KRS § 446.250.
Legislative Research Commission Note (7/14/2000). The reference to KRS
351.105 in subsection (2) of this section has been changed to KRS § 351.106 under KRS § 7.136(1)(e). Treatment of the “education and training program” formerly contained in KRS § 351.105 was transferred to KRS § 351.106 by 1996 Ky. Acts ch. 308, secs. 7 and 8.