805 KAR 11:010. Requirements for application

for certification of drug-free workplace.

 

      RELATES TO: KRS 351.186

      STATUTORY AUTHORITY: KRS 351.070(13),

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, 1025 Capital Center Drive, Frankfort, Kentucky 40601,

Monday through Friday, 8:00 a.m. to 4:30 p.m. (33 Ky.R. 3128; Am. 3417; 34

Ky.R. 250; eff. 8-23-07.)