Pubdate: Mon, 13 Oct 2003 Source: Courier-Journal, The (KY) 3-9077.html Copyright: 2003 The Courier-Journal Contact: http://www.courier-journal.com/ Details: http://www.mapinc.org/media/97 Author: JAMES R. CARROLL STATE CITES MINE AFTER POT IS FOUND Harlan incident is 2nd recent case involving drugs In the second instance of drug use at Kentucky coal mines in recent months, state regulators have cited a Harlan County mine after inspectors conducting a surprise underground search last month found a marijuana joint belonging to a miner. Inspectors also cited B&D Mining, LLC, operating a mine in Liggett, after a cigarette was found under another miner's foot, according to documents on file with the Kentucky Mine Safety Review Commission and obtained under a Kentucky Open Records Act request by The Courier-Journal. The miner with marijuana was fired by the mining company, along with a shift superintendent, according to the Kentucky Department of Mines and Minerals. Company officials declined to comment on the citations or any aspect of the cases. Under a settlement with the state mine safety agency the mining certificate of James Brewer, of Evarts, Ky., who admitted having the marijuana, was suspended for 30 days and then his certificate was placed on probation for 18 months. The certificate of the other miner with the cigarette, Doyle Gray, of Dewitt, Ky., was placed on probation for a year. State law prohibits people from being in mines while under the influence of alcohol or drugs. The law also bars smoking articles from underground mines. Smoking can ignite gases or fine coal dust, causing an explosion. State inspectors have no authority to drug-test miners. Neither does the federal Mine Safety and Health Administration. The discoveries at B&D Mining on Sept. 13 follow an earlier state investigation of a fatal June 13 explosion at Cody Mining Co. in McDowell, in Floyd County. At the Cody mine inspectors found a plastic bag containing 0.3 grams of marijuana. In that accident, Paul Blair, 21, of Paintsville, was killed, and a coworker, Robert Ratliff Jr., 28, also of Paintsville, was seriously injured. Another employee at that mine later told investigators he saw two miners using drugs on the job. MSHA is also investigating the Cody accident and has not yet released its findings. Officials with the state mine safety agency did not return several telephone calls seeking comment on the citations against B&D. In the past, the agency has declined to make statements beyond what is in the official complaints. EVIDENCE OF marijuana use in coal mines reflects the broader drug problems of Eastern Kentucky, including prescription drug abuse, said Rep. Robin Webb, D-Grayson, a former miner who is now an attorney. "It knows no boundaries as far as whom it affects," she said of the region's drug troubles. State mine inspectors were tipped off by an anonymous complaint on Sept. 8, alleging drug use at B&D Mining's No. 4 mine, according to documents filed with the mine safety commission. Five days later, a Saturday, six state mine inspectors showed up unannounced during the afternoon shift. One inspector seized control of the phones at the mine so those underground couldn't be informed that inspectors were going in, the state documents said. Once underground, the state inspectors instructed the mine foremen to search the miners. The inspectors searched the working areas for cigarettes, lighters and drugs. IN ONE AREA, inspectors found a plastic bag containing half of a joint of marijuana, three cigarettes and a lighter. Brewer, according to the state mine safety agency, "admitted that the smoking articles and the marijuana belonged to him." At a subsequent deposition of Brewer taken by the state, the miner "admitted that he took the cigarettes and marijuana underground with him on September 13th with the intention of smoking them during his work shift," the state mine safety agency complaint said. Brewer could not be reached for comment. In another section of the mine, inspectors found a partially smoked cigarette under miner Gray's foot. At his deposition, Gray "admitted that he had been smoking the cigarette when KDMM inspectors arrived on the section," the state complaint said. "He also admitted that he had taken a plastic bag containing 3 cigarettes and a lighter underground with him that shift," the state said. Inspectors did not find that bag because Gray had hidden it, according to the state's complaint. Gray declined to comment on the incident, but said he is still working at B&D. The state mine safety agency is analyzing whether state regulations should be changed to give it drug-testing powers, how the agency would conduct drug tests and who would pay for them. The agency last month, in its report on the Cody Mining accident, had said it intended to ask the General Assembly for drug-testing authority, but later reversed itself. Agency officials said they needed to do more homework before taking such a step. Webb said she has asked state mine regulators to keep her informed of their deliberations on the drug-testing issue. "As a former underground miner, I appreciate the seriousness of what's happening, and as a resident of Eastern Kentucky and a lawyer who sees a lot of substance abuse (cases) in her practice, it's an area of concern for me," she said. Webb said she worked "on and off" in mines in the 1980s and is a former general counsel to a mining company. She holds two mining degrees, including one in underground mine safety. TAKING DRUGS in a coal mine is dangerous, the lawmaker said. "When you are underground, or on the surface, too, you rely on the men and women you work with to take you through the day," Webb said. "When I worked (in the mines), it was more like a fraternity, a very close family. ... You looked out for one another. It would be unfortunate to be working beside somebody who was impaired." She said giving state mine inspectors the power to conduct on-the-spot drug tests has to strike the right balance between preserving individual rights and allowing the state to act when it has probable cause to believe a law is being violated. Webb said there might be hearings on the issue before the state legislature meets early next year. "I'd like the opportunity to sit down and see where everybody is coming from," she said. House Speaker Jody Richards, D-Bowling Green, said giving state mine inspectors drug-testing authority "is a good idea." "We don't need people (using drugs) in a job that has some inherent dangers anyway," he said. Richards said prospects for legislation that would give drug-testing power to the mine department would be difficult to predict, but he believed "certainly it would have a good chance of passage; it certainly would receive thorough debate." BILL CAYLOR, president of the Kentucky Coal Association, which represents coal mine operators, said the state should have the power to drug-test miners. "I think that would improve safety," he said. The mines "don't have any more or less serious problem (with drugs) than any other industry," Caylor said, but allowing state inspectors to drug-test miners "is a very progressive stance if we are to get to the next level of safety." Many large coal operators test potential workers for drugs, and some also conduct random drug testing, he said. "We do not need miners working in potentially hazardous situations when they are impaired with illegal substances and even with legal substances," Caylor said. The United Mine Workers of America, the miners' union, hasn't taken a position on whether state inspectors should be able to conduct drug tests, said spokesman Doug Gibson. - --- MAP posted-by: Josh