HB 572 (BR 1894) - R. Webb, T. Couch
AN ACT relating to drug testing of miners.
Create a new section of KRS Chapter 304 subchapter 13 to require insurers to give a credit on workers compensation premiums for certified drug-free workplace policies implemented by licensees; create new sections of KRS Chapter 351 to require persons certified under KRS Chapter 351 to submit to drug and alcohol testing as a condition of certification; require those persons seeking certification to provide proof and specify how proof is obtained; require an employer to pay for one test for a newly certified miner and to reimburse for an applicant certified other than as a miner who is currently employed in the coal industry; provide that the Office of Mine Safety and Licensing shall offer drug and alcohol testing or will contract for those services; require that the cutoff concentration for breath alcohol shall be .04 percent; require an 11-panel drug test; establish requirements for those providing drug and alcohol testing services; require use of a medical review officer; allow the applicant to submit proof from other sources and specify requirements for acceptance of the results; require results be given when applicant is notified of granting or denial of certification; establish the reasons for denial of certification; provide for retesting at the applicant's expense; establish appeal to the Mine Safety Review Commission; provide for confidentiality of the applicant's testing results and records and exempt from release under the Kentucky Open Records Act; establish when information may be released; require insurers authorized to write workers compensation policies to give a premium credit to licensees that have implemented a drug-free workplace policy; amend KRS 349.010 to make conforming reference changes; amend KRS 351.010 to define "adulterated specimen," "illicit substances," "medical review officer," or "MRO," and "serious physical injury"; amend KRS 351.101 to state that abuse of illicit substances and alcohol in the mining industry constitutes a serious threat to the health and safety of miners; amend KRS 351.102 to require the Office of Mine Safety and Licensing to require applicants for certified miner to submit proof of drug- and alcohol-free status; require trainee miner to receive 1 hour of classroom instruction on the subject of drug and alcohol abuse; require trainee miners who have 45 working days experience to submit proof of alcohol- and drug-free status; provide a 30 day window to notify an applicant that he or she is not qualified; amend KRS 351.103 to make technical correction; amend KRS 351.1041 to allow for an appeal to the Mine Safety Review Commission for violations of drug and alcohol certifications and failures to report serious accidents; amend KRS 351.106 to require the Mining Board to establish retraining and reeducation requirements that include 30 minutes of alcohol and substance abuse education; provide additional training in substance abuse; require the secretary to promulgate administrative regulations; amend KRS 351.110 to require other certifications granted under Chapter 351 to include provisions for drug and alcohol testing; amend KRS 351.120 to require proof of drug- and alcohol-free status; require the commissioner to suspend certifications for violations of drug- and alcohol-free status and provide for hearing before the Mine Safety Review Commission; provide procedures for filing a petition for hearing and reapplication procedures; amend KRS 351.127 to require certified emergency medical or mine emergency technicians to submit to drug and alcohol testing; amend KRS 351.1291 to require training in substance abuse; amend KRS 351.170 to require all reports of facilities licensed under KRS Chapter 351 to be made to the executive director of the Office of Mine Safety and Licensing; provide reporting requirements for operators and superintendents; amend KRS 352.010 to define "executive director" and "serious physical injury"; amend KRS 352.180 to provide that failure to report a serious physical injury or fatality shall create a rebuttable presumption of an intentional order to violate mine safety laws; provide that Office of Mine Safety and Licensing may require post-accident testing of certified persons; provide that the cost of post-accident testing shall be borne by the Office of Mine Safety and Licensing; provide for a deviation on the type of testing procedures for post-accident victims; amend KRS 352.210 to make changes to conform and require the licensee to notify the executive director by the close of the next business day of certified persons discharged for violation of the company's substance abuse or alcohol abuse policies or who tested positive or failed to complete an employee assistance program; amend KRS 352.390 to allow the Mine Safety Review Commission to revoke, suspend, or probate certificates for failure to maintain drug- and alcohol-free status; and make technical corrections and conforming subsection reference changes.
HB 572 - AMENDMENTS
HCS - Retain original provisions of HB 572; establish requirements that must be met for an applicant that fails a drug and alcohol retest and who has been denied certification to obtain eligibility to reapply for a certification; require a miner who has had a certification revoked or suspended due to violating a drug or alcohol free condition to reapply for certification after fulfilling the terms of any final order entered by the Mine Safety Review Commission; and make technical corrections.
HFA (1, R. Webb) - Clarify that only drug testing related records are exempt from disclosure under the Kentucky Open Records Act.
HFA (2, R. Webb) - Clarify that only drug-testing related records are exempt from disclosure under the Kentucky Open Records Act.
HFA (3, R. Webb) - Amend KRS 352.180 to require the making of a report for inundation of a mine by waters or gases; allow a mine foreman of his designee to make the report; specify that the report of the accident shall be made within 15 minutes of that person having actual knowledge of the occurrence rather than upon learning of the occurrence.
HFA (4, R. Webb) - Amend KRS 352.180 to require the making of a report for inundation of a mine by waters or gases; allow a mine foreman or his designee to make the report; specify that the report of the accident shall be made within 15 minutes of that person having actual knowledge of the occurrence rather than upon learning of the occurrence and having access to communications.
SCA (1, T. Jensen) - Make technical correction.
Feb 14-introduced in House
Feb 15-to Natural Resources and Environment (H)
Feb 21-posted in committee
Feb 28-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 1-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 2, 2006
Mar 2-floor amendment (1) filed
Mar 3-floor amendment (2) filed to Committee Substitute
Mar 6-floor amendment (3) filed to Committee Substitute
Mar 7-floor amendment (4) filed to Committee Substitute
Mar 8-3rd reading, passed 98-0 with Committee Substitute, floor amendments (2) and (4)
Mar 9-received in Senate
Mar 13-to Agriculture and Natural Resources (S)
Mar 16-reported favorably, 1st reading, to Calendar with committee amendment (1)
Mar 17-2nd reading, to Rules
Mar 21-posted for passage in the Regular Orders of the Day for Wednesday, March 22, 2006
Mar 22-3rd reading, passed 38-0 with committee amendment (1)
Mar 23-received in House; to Rules (H)
Mar 24-posted for passage for concurrence in Senate committee amendment (1) for Friday, March 24, 2006; House concurred in Senate committee amendment (1) ; passed 94-0
Apr 10-enrolled, signed by each presiding officer; delivered to Governor
Apr 22-signed by Governor (Acts ch. 241)