Mine Substance Abuse Task Force

1. Mine Substance Abuse Task Force • 15 Member group formed in December 2004 • Address the increasing concern about drug and alcohol abuse in the mining industry • “Keeping America’s Mines Drug and Alcohol Free” summit was held in Hazard, KY in December 2004 • Over 200 participants provided information and offered general recommendations at the summit • Conducted meetings for approximately 1 year (December 2004 – December 2005)

2. Key Issues Considered by the Task Force • Geographic Distribution of Substances Abused • Training and Education • Drug Screen Tracking/Information Sharing • Drug Testing/ Screening Programs • Testing Incentives for Employers • Rehabilitation Treatment Options • Contractors

3. Recommendations in the Final ReportIssued December 2005 • Substance and Alcohol Testing for Miners • Initial alcohol and substance abuse education and training for new and experienced miners • Development of Voluntary Employee Assistance Programs • Require individuals to demonstrate, by submitting to a drug test, that they are drug and alcohol free prior to receiving initial miner certification. Violation of drug-free statues could result in possible probation, suspension or revocation of certification • Authority for state to conduct post-accident drug testing

4. Drug Free Certification of MinersSummary of 2006 Enactments • HB 207 was enacted in the 2006 Session of the Kentucky General Assembly and set up the nation’s first program to ensure miners were drug-free as part of their certification requirements; • The program became effective on July 12, 2006 and required the following; • The reporting of certified miners to OMSL by licenses for: • Positive drug/alcohol tests in violation of employer drug policies; • Refusals to take drug/alcohol tests; and, • Positive drug/alcohol tests following employer-sponsored rehabilitation • The suspension of all certifications by the Commissioner of DNR following a report from a licensee

5. Drug Free Certification of MinersSummary of 2006 Enactmentscont… • Due process hearings before the Mine Safety Review Commission for those who wished to appeal their suspensions. • OMSL, OGC and the Mine Safety Review Commission utilized hearing procedures and settlement agreements that allowed the provision of second chances to those reported. These agreements: • Required clean drug tests and drug abuse evaluation prior to reinstatement; • Required periodic drug/alcohol testing as well as counseling, if recommended; and, • Sanctions for failure to meet agreement.

6. Impacts and Observations of Drug-Free Certification Program • Since the inception of the program, 1,575 certified miners have been reported to OMSL for violation of the drug-free status of their certifications and have received sanctions; • There have been profound impacts on the workloads of OMSL, OGC and the Mine Safety Review Commission resulting from the numbers of miners sanctioned by the program; • 23% of all miners sanctioned have completed the terms of probation or revocation and regained some or all of their certifications; • 11% of all miners reported have been able to meet the burdens of their appeal or to provide evidence to the Commissioner that would support rescission of their suspensions;

7. Impacts and Observations of Drug-Free Certification Program • 45% of miners reported through the process have not succeeded in retaining their certifications; • The majority of reports from licensees are for positive tests involving the abuse of prescription drugs; • The increased use of “bath salts”, “K-2” and other synthetic drugs is creating issues for employers and for the program; • The program does not deal quickly with miners reported from other states and from unlicensed facilities; • The “10- day retake” on pre-certification testing has created opportunities for abuse of the system.

8. House Bill 385Improvements to the Drug-Free Workplace Program • Allows Kentucky to quickly address reported violations from states with reciprocal certification agreements and non-licensed mining facilities; • Treats those individuals reported by licensees and those who fail pre-certification tests in the same manner; • Provides a treatment option for those miners reported for the first time, allowing their certificates to be reinstated following an evaluation for substance abuse; the completion of a treatment program; and, a clean drug test, in lieu of an appeal or revocation;

9. House Bill 385Improvements to the Drug-Free Workplace Program cont… • Provides that failure to file an appeal will result in: • 3 Year revocation of all certifications and eligibility for certifications for first offenders; • 5 Year revocation of all certifications and eligibility for certifications for second offenders; • Permanent revocation of all certifications and eligibility for certifications for third offenders. • Provides for the reconsideration of prior sanctions by the Mine Safety Review Commission of revocations/permanent revocations only in limited circumstances; • Provides for the Mine Safety Review Commission to order additional testing panels by June 1 of each year.

10. Kentucky Department for Natural Resources Summary of Reported Violations Of Drug Free Status July 12, 2006 – April 27, 2012