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.