401 KAR 11:020. Standards of professional

conduct for certified operators.

 

      RELATES TO: KRS 223.160-220, 224.73-110,

EO 2009-538

      STATUTORY AUTHORITY: KRS 224.10-100,

224.10-110, 224.73-110, EO 2009-538

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

224.10-110 authorizes the cabinet to promulgate administrative regulations

concerning the certification of water and wastewater operators. EO 2009-538,

effective June 12, 2009, establishes the new Energy and Environment Cabinet. This

administrative regulation establishes standards for the performance of

certified water and wastewater operator duties.

 

      Section 1. Standards of Professional

Conduct. (1) In order to safeguard the life, health, and welfare of the public

and the environment and to establish and maintain a high standard of integrity

in the certified operator profession, the following standards of professional

conduct apply to persons certified in accordance with 401 KAR Chapter 11:

      (a) A certified operator shall, during

the performance of operational duties, protect the safety, health, and welfare

of the public and the environment;

      (b) A certified operator shall use

reasonable care and judgment in the performance of operational duties;

      (c) If a certified operator’s judgment is

overruled by an employer under circumstances in which the safety, health, and

welfare of the public or the environment are endangered, the certified operator

shall inform the employer of the possible consequences;

      (d) A certified operator shall be

objective, truthful, and complete in applications, reports, statements, and

testimony provided to the cabinet; and

      (e) A certified operator shall ensure the

integrity of the samples that the operator collects, prepares, or analyzes so

that results shall be a true representation of water quality.

      (2) Proof of certification. While on

duty, a certified operator shall carry the cabinet-issued wallet card showing the

operator’s current certification status.

      (3) Maintenance of records. If

information related to the operator's employment or mailing address changes

from that provided in the application for certification, the certified operator

shall provide written notification to the cabinet within thirty (30) days. (35

Ky.R. 475; Am. 1212; 1747; eff. 3-6-2009; 36 Ky.R. 452; 1051; eff. 2-5-2010.)