The General Assembly hereby finds and declares the following:
(1) The highest priority and concern of the Commonwealth must be the health and safety of the coal industry’s most valuable resource, the miner.

Terms Used In Kentucky Statutes 351.101

  • Illicit substances: includes prescription drugs used illegally or in excess of therapeutic levels as well as illegal drugs. See Kentucky Statutes 351.010
  • Mine: means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. See Kentucky Statutes 351.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(2) The continued prosperity of the coal industry is of primary importance to the state. (3) A high priority must be given to increasing the productivity and competitiveness of
the mines in this state.
(4) An inordinate number of miners are killed or injured during the first few months of their experience in a mine and upon acquiring new work assignments in a mine.
(5) These injuries result in the loss of life and serious injury to miners and are an impediment to the future growth of the state’s coal industry.
(6) Mining is a technical occupation with various specialties requiring individualized training and education.
(7) Injuries can be reduced through proper miner training, education, and certification. (8) Mine safety can be improved by the imposition and enforcement of sanctions
against licensed premises and certified and noncertified personnel whose willful and
repeated violations of mine safety laws place miners in imminent danger of serious injury or death.
(9) Abuse of illicit substances and alcohol in the mining industry represents a serious threat to the health and safety of all miners. Substance and alcohol abuse adversely affect the health and safety of miners. Mine safety can be significantly improved by establishing as a condition of certification that miners remain drug and alcohol free.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 241, sec. 9, effective July 12, 2006. — Amended
2001 Ky. Acts ch. 149, sec. 1, effective March 20, 2001. — Created 1976 (1st Extra. Sess.) Ky. Acts ch. 8, sec. 1.