Pubdate: Thu, 14 Jul 2005
Source: Courier-Journal, The (KY)
Copyright: 2005 The Courier-Journal
Contact:  http://www.courier-journal.com/
Details: http://www.mapinc.org/media/97
Note: Only publishes local LTEs
Author: Alan Maimon
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

MINE-SAFETY CHIEF BACKS STATE, NOT FEDERAL, DRUG TESTING MSHA HEAD WON'T 
PUSH FOR U.S. LAW

The nation's top mine-safety regulator said yesterday that federal 
authorities will try to educate miners about the dangers of using drugs at 
work but that the industry and states should be responsible for drug testing.

David Dye, head of the U.S. Mine Safety and Health Administration, said he 
would not urge Congress to pass a law allowing MSHA to test miners for drugs.

"We're looking at using all our authority and resources that are 
appropriate to deal with the issue," Dye said in a telephone interview. "A 
change of law at the federal level is always a long and arduous process."

Two Kentucky miners who were killed in underground coal mine accidents in 
the past two years tested positive for drugs, according to coroner 
toxicology reports. It isn't clear whether drug impairment led to either 
accident.

Currently, some coal companies have voluntary drug-testing policies, and 
Kentucky has a 15-member task force of industry, government and labor 
representatives discussing whether the state should have a testing law.

Jack Clem, a Harlan County coal miner with 18 years of experience 
underground, said he would rather see a Kentucky drug-testing law than a 
federal law.

"It's a big problem, but I'd rather not see MSHA involved in it," Clem 
said. "I think the state could handle it better, with less paperwork."

Dale Conn, a Pike County coal mine foreman, said he believes the voluntary 
testing system works well.

"No other industry has the government coming in and doing drug testing," 
Conn said. "If somebody isn't straight when they come to work, the foreman 
or boss can take care of it."

The state task force is expected to make recommendations this year to 
LaJuana Wilcher, secretary of the Environmental and Public Protection 
Cabinet. It is to meet next month.

"We want the task force to complete its work before we look at any possible 
legislation for next (legislative) session," said Mark York, a cabinet 
spokesman.

Dye yesterday announced a health and safety initiative focused on 
recognizing hazards and reducing human factors that cause accidents at 
mines. But the program will not specifically target drug use.

Last year, former MSHA head Dave Lauriski said a federal testing law was 
one of several options being considered to help curb the growing problem of 
drug use at mines.

But neither the mining industry nor the United Mine Workers union has asked 
MSHA to consider drug-testing legislation.

Bill Caylor, president of the Kentucky Coal Association of coal-mining 
companies, said he supports having a Kentucky drug-testing law and sees no 
reason for the federal government to take the lead.

"Kentucky might come up with a law that could be a model for a national 
law," Caylor said. "But it's better with something like this to take things 
slow at the state level."

Steve Earle, political director of the UMW in Kentucky and a member of the 
task force, said the union hasn't decided on an official position on drug 
testing.

Earle has said he would support a bill that has specific language about who 
would be tested, when and at whose expense.

The General Assembly adjourned earlier this year without considering draft 
legislation that would have allowed the state Department of Mine Safety and 
Licensing to test miners after fatal or serious injury accidents.

The bill did not have a sponsor.
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MAP posted-by: Jay Bergstrom