805 KAR 11:001. Definitions for 805 KAR

Chapter 11.

 

      RELATES TO: KRS 217.900(1), 218A.010(6),

Chapter 342, 351.010, 351.182(8)

      STATUTORY AUTHORITY: KRS 351.070, 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 licensee to be eligible to

obtain a credit on the licensee's premium for workers’ compensation insurance. This

administrative regulation defines terms used in 805 KAR Chapter 11.

 

      Section 1. Definitions. (1) "Alcohol" means ethyl alcohol,

hydrated oxide of ethyl, or spirit of wine, produced from any source or process.

      (2) "Consortium"

means an entity, which may involve varied pools of employers and their

employees, established to provide cost-effective services

to employers to help the employers comply with drug-free workplace program

requirements and may provide employer education, supervisor training, and drug

and alcohol testing at a reduced cost to the employers who choose to participate.

      (3) "Drug"

means a controlled substance as defined in KRS 218A.010(6) and as established

in 902 KAR Chapter 55, including:

      (a) Substances listed in KRS 351.182(8);

      (b) Illicit substances; and

      (c) Volatile substances as defined in KRS

217.900(1).

      (4) "Drug or alcohol rehabilitation

program" means a service provider that provides confidential, timely, and

expert identification, assessment, treatment, and resolution of employee drug

or alcohol abuse.

      (5) "Drug

test" or "test" means a chemical, biological, or physical

instrumental analysis administered by a qualified laboratory, for the purpose

of determining the presence or absence of a drug or its metabolites or alcohol

pursuant to standards,

procedures, and protocols established by the U.S. Department of Health and

Human Services' Substance Abuse and Mental Health Services Administration

(SAMHSA) for the collection and testing required by KRS 351.182.

      (6) "Employee"

means any person who works for a salary, wages, or other remuneration for an

employer, licensee, or operator.

      (7) "Employee Assistance Program" means an established program providing:

      (a) Professional assessment

of employee personal concerns;

      (b) Confidential

and timely services to identify employee alcohol or substance abuse;

      (c) Referrals of

employees for appropriate diagnosis, treatment, and assistance with alcohol or

substance abuse; and

      (d) Follow-up

services for employees who participate in a drug or alcohol

rehabilitation program and are recommended for monitoring

after returning to work.

      (8) "Employer"

means a corporation,

partnership, sole proprietorship, or other business entity doing business in Kentucky which is:

      (a) Required to comply with the

provisions of KRS Chapter 342 or voluntarily covers excluded employees pursuant

to KRS 342.660; and

      (b) A licensee.

      (9) "Executive director"

is defined by KRS 351.010(1)(ae).

      (10) "Illicit substances" is

defined by KRS 351.010(1)(m).

      (11) "Independent

contractor" means a person, business firm,

partnership, or corporation with whom an owner, licensee, or operator may negotiate an agreement

providing for construction, equipment, maintenance, personnel, management, and

operation of a coal mine.

      (12) "Licensee" is defined by

KRS 351.010(1)(o).

      (13) "Medical review officer"

or "MRO" is defined by KRS 351.010(1)(p).

      (14) "Office" is defined by KRS

351.010(1)(ad).

      (15) "Operator" is defined by

KRS 351.010(1)(u).

      (16) "Qualified laboratory"

means a laboratory certified in accordance with the National Laboratory

Certification Program (NLCP) by the United States Department of Health and

Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA).

      (17) "Reasonable suspicion testing"

means drug or alcohol testing that meets the requirements in 805 KAR 11:020, Section

2(2).

      (18) "Serious physical injury"

is defined by KRS 351.010(1)(y).

      (19) "Supervisory personnel" is

defined by KRS 351.010(1)(ac). (33 Ky.R. 3126; Am. 3416; 34 Ky.R. 249; eff.

8-23-07.)