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Three strikes, you're out

MINERS in Kentucky who fail a drug and alcohol test on their third offense will be permanently ou...

Donna Schmidt

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The legislation, known formally as House Bill 385, passed the 2012 general assembly. It amends the state’s procedure for miner testing put into place by the Kentucky office of Mine Safety and Licensing.

Specifically, the 11-panel test has been updated to allow the Mine Safety Review Commission to add additional compounds. It also creates a three-strike policy for miners who chronically fail drug and alcohol exams.

Beshear held a ceremonial bill signing at the Pike County/Hatcher Field Airport and told attendees that the amendments sent a “clear message” to the state’s miners.

“Providing a safe work environment for our miners, both below and above ground, is one of the most important duties we have as regulators,” he said.

“With the implementation of this legislation, we are not only helping miners get home safely to their families every night, but also allowing those with drug or alcohol problems to get treatment.

“This will help them to eventually resume work to provide an income for their families and improve the safety of the workplace for others.”

Among the provisions in HB 385 is a treatment option for first offenders. This permits certification reinstatement after a substance abuse evaluation, the completion of a treatment program and a clean drug test.

US representative Jim Gooch, who sponsored the legislation, said that the regulations would build upon work it did in 2006, when Kentucky became the first state to require coal miners be drug free in order to earn certification.

“This law is the next logical step,” he said.

Should a miner not participate in a substance abuse treatment program and fail to appeal his or her license suspension, the revocation period for all certifications and eligibility for certification is three years.

That is increased to five years for the second offense, and after a third strike the revocation is permanent.

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