805 KAR 11:001. Definitions for 805 KAR
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.
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.
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
(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.
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.
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;
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
services for employees who participate in a drug or alcohol
rehabilitation program and are recommended for monitoring
after returning to work.
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).
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
(13) "Medical review officer"
or "MRO" is defined by KRS 351.010(1)(p).
(14) "Office" is defined by KRS
(15) "Operator" is defined by
(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
(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.