The Bill now has only to go to Governor Ernie Fletcher to be signed into law before it comes into effect in underground coal mines in the state. Fletcher has been a vocal backer of the legislation.

The legislature was previously passed by Kentucky’s House of Representatives on Wednesday.

According to Associated Press, coal miners who test positive for drugs would have their certification revoked.

As part of the push, the Mine Substance Abuse Task Force was formed last year in Kentucky to make recommendations directly on substance abuse in the state’s mines. In its final report released late last year it recommended employee assistance programs, education and awareness training, incentive programs through the employer, testing to determine substance abuse, state certification programs and contract employees at mines.

The group also asked that pre-employment drug testing be required in addition to random checks after hire, as well as mandatory testing following an accident – for everyone involved, not only the direct participant or victim.

Drug screening has become a hot topic for industry bodies over the past year. The Mine Safety and Health Administration is currently determining the need for regulations on drug and alcohol use by miners.

In a submission to proposed new rules by MSHA, the National Mining Association said patchwork state laws have thwarted efforts by coal companies to fight drug and alcohol abuse in the workplace.

The association said while its members had tried to address the problem, only sporadic results had arisen because of inconsistent state laws and regulatory requirements as well as the limitations contained in collective bargaining agreements.

MSHA said the main reasoning behind the effort was to develop a routine protocol for accident investigations to determine if alcohol or drugs were a factor in an incident. Currently no such procedures are in place, so many such instances may go unreported and are not uncovered during the agency's accident examinations.