HB 404 (BR 1401) - B. Yonts, D. Pasley
AN ACT relating to coal miners.
Create new sections of KRS Chapter 351 to establish a mandatory drug and alcohol testing program for coal miners; stipulate conditions when miners will be subject to drug and alcohol testing; establish return-to-work procedures for nonprobationary employees; allow positive results on drug or alcohol tests to be grounds for termination; require employers to provide treatment to nonprobationary miners who test positive for drugs or alcohol; require the commissioner of the Department for Natural Resources to promulgate administrative regulations; require that miners test negative for drugs and alcohol on pre-employment testing before commencing work; stipulate the controlled substances to be tested for; establish certification requirements for laboratories and cutoff concentrations; require employers to inform miners of the mandatory drug and alcohol testing program; provide for post-accident testing of miners in the immediate vicinity of an accident; prohibit any person from altering an accident scene; require miners to pay for return-to-work testing and retesting; require employers to immediately remove from duty or terminate an employee who tests positive for drugs or alcohol; establish recordkeeping requirements and confidentiality requirements; prohibit a miner or employer from adulterating a specimen or disregarding a result; provide for retesting at the miners expense if aggrieved; establish right of appeal procedures; allow the commissioner to suspend or revoke licenses or mine certifications for failure to comply with the law; amend KRS 351.090 to provide monthly inspections; amend KRS 351.101 to list impairment from drugs and alcohol as a recognized reason for death or injury of miners and express that a mandatory drug and alcohol testing program can reduce injuries; amend KRS 351.102 to prohibit a person performing mining duties unless the person has tested negative for drugs and alcohol or has completed return to duty requirements and to require information be provided to applicants seeking mine certifications; amend KRS 351.140 to provide for monthly inspections; amend KRS 351.170 to require licensees to maintain information about the number of miners that test positive for drugs and alcohol; amend KRS 351.193 to provide a right of appeal in the instance that a miner is discriminated against or terminated for exercise of right to refuse to work in unsafe conditions; amend KRS 352.210 to make unlawful for a person to enter mine property while intoxicated or under the influence of controlled substances; allow an employer or operator to require a miner to submit for a drug and alcohol test under reasonable suspicion.
Jan 19-introduced in House
Jan 20-to Labor and Industry (H)
Jan 27-posted in committee