Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 351.186
NECESSITY, FUNCTION AND CONFORMITY: KRS 351.070(13) authorizes
the Secretary of the Environmental and Public Protection Cabinet to promulgate
administrative regulations necessary and suitable for the proper administration
of KRS Chapter 351. KRS 351.186 authorizes the Office of Mine Safety and
Licensing to certify drug-free workplace programs implemented by an employer
who is also a licensee, for the employer licensee to be eligible to obtain a
credit on the licensee's premium for workers' compensation insurance. This
administrative regulation establishes the requirements for applications
submitted to the Office of Mine Safety and Licensing for certification of a
drug-free workplace program.
Section 1.
Applicability.
(1) This administrative
regulation shall apply to an application for certification of a drug-free
workplace program implemented by an employer who is also a licensee.
(2) Employer participation in the Drug-Free
Workplace Program shall be voluntary.
(3) All drug or alcohol testing shall be
conducted:
(a) In accordance with applicable
federal and state requirements; and
(b) As required by this administrative
regulation for participants in the Drug-Free Workplace Program.
Section 2. Application
Requirements. Employers who desire a drug-free workplace certification pursuant
to KRS 351.186 shall submit to the office a notarized initial and annual
application in the form of an affidavit executed by the owner or chief
executive officer of the licensee establishing that it provides a drug-free
workplace by:
(1) Providing a copy of a
statement to each employee at the mine and posting the statement in a prominent
place at the mine. The statement shall:
(a)
Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of alcohol or a controlled or illicit substance is
prohibited in the mine; and
(b)
Specify the actions that will be taken against employees for violations of the
prohibition;
(2)
Establishing an alcohol and substance abuse education and awareness training
program which complies with the minimum requirements of 805 KAR 11:020, Section
2(1), to inform employees and supervisory personnel about:
(a) The dangers of drug abuse in the
workplace;
(b) The role of
co-workers and supervisors in addressing alcohol or drug abuse;
(c) The licensee's policy of maintaining a
drug-free workplace;
(d) Available
drug counseling, rehabilitation, and employee assistance programs;
and
(e) The penalties for
violations of the drug-free workplace policy;
(3) Establishing a program that includes
alcohol and drug testing performed as established in 805 KAR 11:020, Section
2(2) through (6);
(4) Providing an
Employee Assistance Program which shall:
(a)
Include:
1. Professional assessment of
employee personal concerns;
2.
Confidential and timely services to identify employee drug or alcohol
abuse;
3. Referrals of employees
for appropriate diagnosis, treatment, and assistance with regard to employee
alcohol or substance abuse; and
4.
Follow-up services for employees who participate in a drug or alcohol
rehabilitation program and are recommended for monitoring after returning to
work; and
(b) Provide
services regardless of race, color, religion, national origin, disability, sex,
or age
(5) Verifying
that the frequency and duration of each employee and supervisor training
session meets the requirements of 805 KAR 11:020, Section 2(1)(b) and
(c);
(6) Verifying that all
employees have participated, or will participate during the calendar year, in
the required alcohol and substance abuse education and awareness training
sessions;
(7) Maintaining a
drug-free workplace throughout its workers' compensation insurance policy
period; and
(8) Maintaining the
drug-free workplace program in compliance with all applicable federal and state
laws and regulations.
(9) Requiring
that all independent contractors who are required to be certified pursuant to
KRS 351.102 shall comply with the provisions of the licensee's Drug-Free
Workplace Program.
Section
3. Documents to be Attached. The application shall be accompanied
by copies of the following documents:
(1) The
licensee's written drug-free workplace policy;
(2) A statement identifying each alcohol and
drug test that will be conducted;
(3) A statement describing the licensee's
Employee Assistance Program;
(4) A
description of the alcohol and substance abuse education and awareness training
program for employees and supervisory personnel; and
(5) A statement describing the
confidentiality of the licensee's drug-free workplace program.
Section 4. Application
Completeness.
(1) The office shall reject an
application for certification of a drug-free workplace program which fails to
comply with any of the criteria listed in Section 2 or 3 of this administrative
regulation.
(2)
(a) The office shall notify the licensee of
rejection of the application in writing, stating the specific reasons for the
rejection.
(b) The notification
shall be mailed certified mail, return receipt requested, to the address listed
on the licensee's most recent mine license or mine license
application.
(c) Service by
certified mail shall be complete:
1. Upon
delivery of the notification;
2.
Upon acceptance by any person eighteen (18) years or older at the licensee
address;
3. Upon refusal to accept
by a person at the licensee address;
4. Upon the U.S. Postal Service's inability
to deliver the notification if properly addressed; or
5. Upon failure of the applicant to claim the
notification prior to its return to the office by the U.S. Postal
Service.
(d) The return
receipt or envelope shall be proof of acceptance, refusal, inability to
deliver, or failure to claim the envelope.
(3) The licensee may appeal the rejection as
established in 825 KAR 1:020, Section 4.
Section 5. Incorporation by Reference.
(1) "Mine License Applicant's Affidavit:
Drug-Free Workplace Program", 2007 edition, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Office of Mine Safety and Licensing, 300 Sower Boulevard, Frankfort, Kentucky
40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 351.070(13),
351.186
