In December 2004, the Mine Substance Abuse Task Force was formed to address the increasing concern about drug and alcohol abuse in the mining industry. The task force conducted meetings for approximately one year and held a summit in Hazard, Ky., that provided an opportunity for the general public as well as coal operators to offer recommendations to address the concern.
In December 2005, the task force released its final report that included the following recommendations:
· Substance and alcohol testing for miners
· Initial alcohol and substance abuse education and training for new and experienced miners
· Development of voluntary employee assistance programs
· Require individuals to demonstrate, by submitting to a drug test, that they are drug and alcohol free prior to receiving initial miner certification. Violation of drug-free status could result in possible probation, suspension or revocation of certification
· Authority for state to conduct post-accident drug testing
As a result, House Bill 572, which incorporated the recommendations of the task force, was passed and became effective July 12, 2006.
The bill provided for:
· A 5 percent credit on worker's compensation premiums to any licensee who applied for and was approved by the Office of Mine Safety and Licensing (OMSL) as a Certified Drug Free Workplace.
· Pre-certification drug testing -- all applicants for mining certifications offered under KRS Chapters 351 and 352, including MET’s, must demonstrate drug- and alcohol-free status prior to certification.
· Random drug testing -- requires licensees who voluntarily implement a drug and alcohol testing program to report any violations of the company policy to OMSL.
· Post-accident drug testing.
A company that is a licensee of the OMSL can submit a written copy of their drug-free work place program to OMSL for certification. If the program is certified by OMSL, then the licensee is eligible for a 5 percent credit on their premium for the worker’s compensation insurance.
Applying for Drug-Free Workplace Certification
A licensee must submit the DFI Affidavit with the required attachments and a DFW Certification cover sheet to the following address:
OMSL Drug Free Workplace Certification
P.O. Box 2244
Frankfort, KY 40602-2244
Instructions to assist in completing the DFW Affidavit for submission:
Instruction 2a
Instruction 2b
Instruction 2c
Instruction 2d
Regulations governing the OMSL drug-free workplace program:
805 KAR 11:001
805 KAR 11:010
805 KAR 11:020
For questions or concerns contact Amy Denham at 1-502-573-0140