(1) Any employer who is also a licensee of a coal mine that has implemented a drug- free workplace program, including an employee assistance program, certified by the Division of Mine Safety shall be eligible to obtain a credit on the licensee’s premium for workers’ compensation insurance.
(2) Each insurer authorized to write workers’ compensation insurance policies shall provide the credit on the workers’ compensation premium to any employer who is also a licensee of a coal mine for which the insurer has written a workers’ compensation policy. The credit on the workers’ compensation premium shall not:

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(a) Be available to those employers that are also licensees who do not maintain their drug-free workplace program for the entire workers’ compensation policy period; or
(b) Apply to minimum premium policies.
(3) The Department of Insurance shall approve workers’ compensation rating plans that give a credit on the premium for a certified drug-free workplace so long as the credit is actuarially sound. The credit shall be at least five percent (5%) unless the Department of Insurance determines that five percent (5%) is actuarially unsound.
(4) The credit on the workers’ compensation premium may be applied by the insurer at the final audit.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 5, effective June 24, 2015. — Amended
2010 Ky. Acts ch. 24, sec. 1147, effective July 15, 2010. — Created 2006 Ky. Acts ch. 241, sec. 1, effective July 12, 2006.