Bill Text: WV SB648 | 2019 | Regular Session | Introduced
Bill Title: Reorganizing Office of Miners' Health, Safety and Training
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-18 - To Energy, Industry and Mining [SB648 Detail]
Download: West_Virginia-2019-SB648-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
Senate Bill 648
By Senator Smith
[Introduced February
18, 2019; Referred
to the Committee on Energy, Industry, and Mining]
A BILL to repeal §22A-6-5, §22A-6-8, §22A-6-9, §22A-6-10, §22A-6-11, §22A-6-12, §22A-6-13, and §22A-6-14 of the Code of West Virginia, 1931, as amended; to repeal §22A-7-5a of said code; to repeal §22A-11-4 of said code; to amend and reenact §11-13BB-4 of said code; to amend and reenact §22A-5-2 of said code; to amend and reenact §22A-6-1, §22A-6-3, §22A-6-4, §22A-6-6, and §22A-6-7 of said code; to amend and reenact §22A-7-2, §22A-7-3, §22A-7-4, §22A-7-5, §22A-7-6, and §22A-7-7 of said code; to amend and reenact §22A-8-3, §22A-8-4, §22A-8-5, and §22A-8-6 of said code; to amend and reenact §22A-9-1 of said code; and to amend and reenact §22A-11-1, §22A-11-2, and §22A-11-3 of said code, all relating to reorganizing the Office of Miners’ Health, Safety, and Training and several related boards and offices; terminating the Board of Coal Mine Health and Safety and transferring its powers and duties to the Director of the Office of Miners’ Health, Safety, and Training; terminating the office of the Health Safety Administrator; terminating the Board of Miner Training, Education, and Certification and transferring its powers and duties to Director of the Office of Miners’ Health, Safety, and Training; transferring the authority for hearing appeals of suspensions of mine inspectors to the Board of Appeals; transferring the authority and duty to identify innovative mine safety technologies eligible for tax credits to the Director of the Office of Miners’ Health, Safety, and Training; repealing archaic sections and sections incompatible with the transfers in this act; and making stylistic changes and grammar corrections throughout.
Be it enacted by the Legislature of West Virginia:
CHAPTER 11. TAXATION.
§11-13BB-4. List of approved innovative mine safety technology.
(a) List of approved
innovative mine safety technology. — The Board of Coal Mine Health and
Safety, established in section two, article eleven, chapter twenty-two-a of
this code Director of the Office of Miners’ Health, Safety, and Training
shall annually compile a proposed list of approved innovative mine safety
technologies as required by §22A-11-3 of this code. The list shall be
transmitted to the director for approval. The director has thirty days to
approve or amend the list. At the expiration of thirty days, the director shall
publish the list of approved innovative mine safety technologies The list
shall describe and specifically identify safety equipment for use in West
Virginia coal mines which, in the fiscal year when the equipment is added to
the list, is not required by the Mine Safety and Health Administration of the
United States Department of Labor or the West Virginia Office Of Miners’
Health, Safety And Training or any other state or federal agency, to be used in
a coal mine or on a mine site or on any other industrial site. Safety equipment
shall remain on the list from year to year until the director removes it from
the list. The Office of Miners’ Health, Safety and Training may establish by
legislative rule or interpretive rule a shorter time period for issuance of and
updating of the list of approved innovative mine safety technologies.
(b) It is the intent of the Legislature that the list of approved innovative mine safety technologies include only safety equipment that is depreciable tangible personal property for federal income tax purposes, which is so new to the industry and so innovative in concept, design, operation or performance that, in the fiscal year when it is added to the list of approved innovative mine safety technologies, the equipment has not yet been adopted by the Federal Mine Safety and Health Administration or the West Virginia Office of Miners’ Health, Safety and Training or any other state or federal agency as required equipment to be used in a coal mine or on a mine site or on any other industrial site, except as specified herein.
(c) Delisting. — (1) If any item of equipment or any line of equipment or class of equipment is listed on the list of approved innovative mine safety technologies in any fiscal year, but then is subsequently adopted by the Federal Mine Safety and Health Administration or the West Virginia Office of Mine Safety or any other state or federal agency as required equipment to be used in a coal mine or on a mine site or on any other industrial site, the equipment shall be removed from the list of approved innovative mine safety technologies compiled and issued for the next succeeding periodic issuance thereafter of the list of approved innovative mine safety technologies.
(2) If it is determined by
the director that any item of equipment or any line of equipment or class of
equipment that is listed on the list of approved innovative mine safety
technology has ceased to be innovative in concept, design, operation or
performance, or is ineffective, or has failed to meet the expectations of the Board
of Coal Mine Health and Safety director, or has failed to prove its
value in directly minimizing workplace injuries and fatalities in coal mines,
the equipment shall be removed from the list of approved innovative mine safety
technologies that is compiled and issued for the next succeeding periodic
issuance of the list of approved innovative mine safety technologies after the
determination has been reached.
(3) However, any eligible taxpayer who invested in the equipment as certified eligible safety property during the time the equipment was lawfully listed on the list of approved innovative mine safety technologies, shall not forfeit the credit authorized by this article as a result of the delisting of the equipment under either subdivision (1) or subdivision (2) of this subsection, so long as the requirements of this article are otherwise fulfilled by the taxpayer for entitlement to the credit.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
ARTICLE 5. BOARD OF APPEALS.
§22A-5-2. Powers transferred to the Board of Appeals.
(a) There are hereby transferred to the Board of Appeals all functions of the Director of the Office of Miners’ Health, Safety and Training relating to the review of orders and notices as set forth in §22A-1-17 of this code.
(b) There are hereby transferred to the Board of Appeals all functions of the Director of the Office of Miners’ Health, Safety and Training relating to the review of penalty assessments as set forth in §22A-1-21(a)(3) of this code.
(c) Judicial review of decisions by the Board of Appeals shall be available and conducted in the same fashion as set forth in §22A-1-19 of this code.
(d) There is hereby transferred to the Board of Appeals, from the Board of Coal Mine Health and Safety, the authority to hear and determine appeals of mine inspectors from suspension orders made by the director pursuant to the provisions of §22A-1-4 of this code.
ARTICLE 6. BOARD OF
COAL MINE HEALTH AND SAFETY ADMINISTRATION.
§22A-6-1. Declaration of legislative findings and purpose.
(a) The Legislature hereby finds and declares that:
(1) The Legislature concurs with the congressional declaration made in the Federal Coal Mine Health and Safety Act of 1969 that “the first priority and concern of all in the coal mining industry must be the health and safety of its most precious resource -- the miner”;
(2) Coal mining is highly specialized, technical and complex and it requires frequent review, refinement and improvement of standards to protect the health and safety of miners;
(3) During each session of the Legislature, coal mine health and safety standards are proposed which require knowledge and comprehension of scientific and technical data related to coal mining;
(4) The formulation of appropriate rules and practices to improve health and safety and provide increased protection of miners can be accomplished more effectively by persons who have experience and competence in coal mining and coal mine health and safety.
(b) In view of the
foregoing findings, it is the purpose of this article to:
(1) Continue the board
of coal mine health and safety;
(2) Require such board
to continue as standard rules the coal mine health and safety provisions of
this code;
(3) Compel the board to
review such standard rules and, when deemed appropriate to improve or enhance
coal mine health and safety, to revise the same or develop and promulgate new
rules dealing with coal mine health and safety; and
(4) Authorize such board
to conduct such other activities as it deems necessary to implement the
provisions of this chapter
§22A-6-3. Board
continued; membership; method of nomination and appointment; meetings;
vacancies; quorum Board of Coal Mine Health and Safety terminated.
(a) The Board of Coal
Mine Health and Safety is continued, and commencing July 1, 2010, is a separate
independent board within the Department of Commerce. The board consists of six
voting members and one ex officio, nonvoting member who are residents of this
state, and who are appointed as follows:
(1) The Governor shall
appoint, by and with the advice and consent of the Senate, three members to
represent the viewpoint of those operators in this state. When such members are
to be appointed, the Governor shall request from the major trade association
representing operators in this state a list of three nominees for each such
position on the board. All such nominees shall be persons with special
experience and competence in health and safety. There shall be submitted with
such list a summary of the qualifications of each nominee. If the full lists of
nominees are submitted in accordance with the provisions of this subdivision,
the Governor shall make the appointments from the persons so nominated. For
purposes of this subdivision, the major trade association representing
operators in this state is that association which represents operators
accounting for over one half of the coal produced in mines in this state in the
year prior to the year in which the appointment is to be made.
(2) The Governor shall
appoint, by and with the advice and consent of the Senate, three members who
can reasonably be expected to represent the viewpoint of the working miners of
this state. When members are to be appointed, the Governor shall request from
the major employee organization representing coal miners within this state a
list of three nominees for each position on the board. The highest ranking
official within the major employee organization representing coal miners within
this state shall submit a list of three nominees for each such position on the
board. The nominees shall have a background in health and safety. The Governor
shall make the appointments from the requested list of nominees.
(3) All appointments
made by the Governor under the provisions of subdivisions (1) and (2) of this
subsection shall be with the advice and consent of the Senate; and
(4) The Director of the
Office of Miners’ Health, Safety and Training or his or her designee shall
serve as an ex officio, nonvoting member.
(b) Members serving on
the board on January 1, 2017, shall continue to serve for a minimum of three
years until June 30, 2020. The term is three years. Members are eligible for
reappointment.
(c) Commencing on July
1, 2017, the board shall assume all powers and responsibilities of the Board of
Miners’ Training, Education and Certification established pursuant to article
seven of this chapter, the mine inspectors’ examining board established
pursuant to article nine of this chapter, and the Mine Safety Technology Task
Force established pursuant to article eleven of this chapter.
(d) The Governor shall
appoint, subject to the approval of a majority of the members of the board
appointed under subdivisions (1) and (2), subsection (a) of this section, a
Health and Safety Administrator in accordance with the provisions of section
six of this article, who shall certify all official records of the board. The
Health and Safety Administrator shall be a full-time officer of the Board of
Coal Mine Health and Safety with the duties provided for in section six of this
article. The Health and Safety Administrator shall have such education and
experience as the Governor deems necessary to properly investigate areas of
concern to the board in the development of rules governing mine health and
safety. The Governor shall appoint as Health and Safety Administrator a person
who has an independent and impartial viewpoint on issues involving mine safety.
The Health and Safety Administrator shall be a person who has not been during
the two years immediately preceding appointment, and is not during his or her
term, an officer, trustee, director, substantial shareholder, contractor,
consultant or employee of any coal operator, or an employee or officer of an
employee organization or a spouse of any such person. The Health and Safety
Administrator shall have the expertise to draft proposed rules and shall
prepare such rules as are required by this code and on such other areas as will
improve coal mine health and safety.
(e) The board shall meet
at least once during each calendar month, or more often as may be necessary,
and at other times upon the call of the chair, or upon the request of any three
members of the board. Under the direction of the board, the Health and Safety
Administrator shall prepare an agenda for each board meeting giving priority to
the promulgation of rules as may be required from time to time by this code,
and as may be required to improve coal mine health and safety. The Health and
Safety Administrator shall provide each member of the board with notice of the
meeting and the agenda as far in advance of the meeting as practical, but in
any event, at least five days prior thereto. No meeting of the board shall be
conducted unless said notice and agenda are given to the board members at least
five days in advance, as provided herein, except in cases of emergency, as
declared by the director, in which event members shall be notified of the board
meeting and the agenda: Provided, That upon agreement of a majority of
the quorum present, any scheduled meeting may be ordered recessed to another
day certain without further notice of additional agenda.
When proposed rules are
to be finally adopted by the board, copies of such proposed rules shall be
delivered to members not less than five days before the meeting at which such
action is to be taken. If not so delivered, any final adoption or rejection of
rules shall be considered on the second day of a meeting of the board held on
two consecutive days, except that by the concurrence of at least four members
of the board, the board may suspend this rule of procedure and proceed immediately
to the consideration of final adoption or rejection of rules. When a member
fails to appear at three consecutive meetings of the board or at one half of
the meetings held during a one-year period, the Health and Safety Administrator
shall notify the member and the Governor of such fact. Such member shall be
removed by the Governor unless good cause for absences is shown.
(f) Whenever a vacancy
on the board occurs, nominations and appointments shall be made in the manner
prescribed in this section: Provided, That in the case of an appointment
to fill a vacancy, nominations of three persons for each such vacancy shall be
requested by and submitted to the Governor within thirty days after the vacancy
occurs by the major trade association or major employee organization, if any,
which nominated the person whose seat on the board is vacant. The vacancy shall
be filled by the Governor within thirty days of his or her receipt of the list
of nominations.
(g) A quorum of the
board is four members which shall include at least two members representing the
viewpoint of operators and at least two members representing the viewpoint of
the working miners, and the board may act officially by a majority of those
members who are present, except that no vote of the board may be taken unless
all six voting members are present
The Board of Coal Mine Health and Safety shall terminate on June 30, 2019, and on or before this date, the board shall transfer all its equipment and records to the Office of Miner’s Health, Safety, and Training. Thereafter all functions of the board are transferred to and shall continue with the director.
§22A-6-4. Board powers and duties.
(a) The board director
shall adopt as standard rules the “coal mine health and safety provisions of
this chapter”. Such standard rules and any other rules shall be adopted by the board
director without regard to the provisions of §29A-3-1 et seq. of
this code. The Board of Coal Mine Health and Safety shall devote its time
toward promulgating rules in those areas specifically directed by this chapter
and those necessary to prevent fatal accidents and injuries In drafting
and promulgating rules pursuant to this section, the director shall give
primary focus to the prevention of injuries and fatal accidents.
(b) The board director
shall review such standard rules and, when deemed appropriate to improve or
enhance coal mine health and safety, revise the same or develop and promulgate
new rules dealing with coal mine health and safety.
(c) The board director
shall develop, promulgate and revise, as may be appropriate, rules as are
necessary and proper to effectuate the purposes of §22A-2-1 et seq. of
this chapter and to prevent the circumvention and evasion thereof all
without regard to the provisions of chapter twenty-nine-a of this code subject
to the following provisions:
(1) Upon consideration of the latest available scientific data in the field, the technical feasibility of standards, and experience gained under this and other safety statutes, such rules may expand protections afforded by this chapter notwithstanding specific language therein, and such rules may deal with subject areas not covered by this chapter to the end of affording the maximum possible protection to the health and safety of miners.
(2) No rules promulgated by
the board director shall reduce or compromise the level of safety
or protection afforded miners below the level of safety or protection afforded
by this chapter.
(3) Any miner or
representative of any miner, or any coal operator has the power to petition the
Circuit Court of Kanawha County for a determination as to whether any rule
promulgated or revised reduces the protection afforded miners below that
provided by this chapter, or is otherwise contrary to law: Provided,
That any rule properly promulgated by the board prior board or by the
director pursuant to the terms and conditions of this chapter creates a
rebuttable presumption that said rule does not reduce the protection afforded
miners below that provided by this chapter.
(4) The director shall
cause proposed rules and a notice thereof to be posted as provided in §22A-1-18
of this code. The director shall deliver a copy of such proposed rules and
accompanying notice to each operator affected. A copy of such proposed rules
shall be provided upon request to any individual by the director’s
request director. The notice of proposed rules shall contain a summary in
plain language explaining the effect of the proposed rules.
(5) The board director
shall afford interested persons a period of not less than 30 days after
releasing proposed rules to submit written data or comments. The board director
may, upon the expiration of such period and after consideration of all relevant
matters presented, promulgate such rules with such modifications as it may deem
appropriate.
(6) On or before the last
day of any period fixed for the submission of written data or comments under
subdivision (5) of this section, any interested person may file with the board
director written objections to a proposed rule, stating the grounds
therefor and requesting a public hearing on such objections. As soon as
practicable after the period for filing such objections has expired, the board
director shall release a notice specifying the proposed rules to which
objections have been filed and a hearing requested.
(7) Promptly after any such
notice is released by the board director under subdivision (6) of
this section, the board director shall issue notice of, and hold
a public hearing for the purpose of receiving relevant evidence. Within 60 days
after completion of the hearings, the board director shall make
findings of fact which shall be public, and may promulgate such rules with such
modifications as it deems appropriate. In the event the board director
determines that a proposed rule should not be promulgated or should be
modified, it shall within a reasonable time publish the reasons for its
determination.
(8) All rules
promulgated by the board shall be published in the State Register and continue
in effect until modified or superseded in accordance with the provisions of
this chapter
(d) To carry out its
these duties and responsibilities, the board director is
authorized to employ such personnel, including legal counsel, experts and
consultants, as it he or she deems necessary. In addition, the board
director, within the appropriations provided for by the Legislature, may
conduct or contract for research and studies and is entitled to the use of the
services, facilities and personnel of any agency, institution, school, college
or university of this state.
(e) The director shall
within sixty days of a coal mining fatality or fatalities provide the board
with all available reports regarding such fatality or fatalities
The board director
shall review all reports and any recommended rules submitted by the director
of coal mining fatalities, receive any request additional
information it requests as may be necessary, and may, on its
own initiative investigate the circumstances surrounding a coal mining
fatality or fatalities and ascertain the cause or causes of such coal mining
fatality or fatalities. In order to investigate a coal mining fatality or
fatalities, a majority of the board must vote in favor of commencing an
investigation. Within ninety days of the receipt of the Federal Mine
Safety and Health Administration’s fatal accident report and the director’s
report and recommended rules, the board shall review and consider the presentation
of said report and rules and the results of its own investigation, if any, and,
if a majority of all voting board members determines that additional rules can
assist in the prevention of the specific type of fatality, the board shall
either accept and promulgate the director’s recommended rules, amend the
director’s recommended rules or draft new rules as are necessary to prevent the
recurrence of such fatality. If the board chooses to amend the director’s
recommended rules or draft its own rules, a vote is required within one hundred
twenty days as to whether to promulgate the amended rule or the rule drafted by
the board: Provided, That the board may, by majority vote, find that
exceptional circumstances exist and the deadline cannot be met: Provided,
however, That under no circumstances shall such deadline be extended by
more than a total of ninety days. A majority vote of the board is required to
promulgate any such rule
The board director
shall annually, not later than July 1, review the major causes of coal mining
injuries during the previous calendar year, reviewing the causes in detail, and
shall promulgate such rules as may be necessary to prevent the recurrence of
such injuries.
Further, the board director
shall, on or before January 10, of each year, submit a report to the Governor,
President of the Senate and Speaker of the House, which report shall include,
but is not limited to:
(1) The number of
fatalities during the previous calendar year, the apparent reason for each
fatality as determined by the Office of Miners’ Health, Safety and Training and
the action, if any, taken by the board director to prevent such
fatality;
(2) Any rules promulgated
by the board director during the last year;
(3) What rules the board
director intends to promulgate during the current calendar year;
(4) Any problem the board
director is having in its effort to promulgate rules to enhance health
and safety in the mining industry;
(5) Recommendations, if any, for the enactment, repeal or amendment of any statute which would cause the enhancement of health and safety in the mining industry; and
(6) Any other information
the board director deems appropriate.
(7) In addition to the
report by the board, as herein contained, each individual member of said board
has right to submit a separate report, setting forth any views contrary to the
report of the board, and the separate report, if any, shall be appended to the
report of the board and be considered a part thereof
§22A-6-5. Preliminary procedures for promulgation of rules.
[Repealed.]
§22A-6-6. Health and
Safety Administrator qualifications; duties; employees; compensation terminated.
(a) The Governor shall appoint
the Health and Safety Administrator of the board for a term of employment of
one year, and the Health and Safety Administrator employed on January 1, 2017
shall complete a three-year term until June 30, 2020, unless he or she is
determined to have committed misfeasance, malfeasance or nonfeasance as
referenced herein. The Health and Safety Administrator shall be entitled to
have his or her contract of employment renewed on an annual basis except where
such renewal is denied for cause: Provided, That the Governor has the
power at any time to remove the Health and Safety Administrator for
misfeasance, malfeasance or nonfeasance: Provided, however, That the board
director has the power to remove the Health and Safety Administrator
without cause upon the concurrence of five members of the board.
(b) The Health and
Safety Administrator shall work at the direction of the board, independently of
the Director of the Office of Miners’ Health, Safety and Training and has such
authority and shall perform such duties as may be required or necessary to
effectuate this article.
(c) In addition to the
Health and Safety Administrator, there shall be such other employees hired by
the Health and Safety Administrator as the board determines to be necessary.
The Health and Safety Administrator shall provide supervision and direction to
the other employees of the board in the performance of their duties.
(d) The employees of the
board shall be compensated at rates determined by the board. The salary of the
Health and Safety Administrator shall be fixed by the Governor: Provided,
That the salary of the Health and Safety Administrator shall not be reduced
during his or her annual term of employment or upon the renewal of his or her
contract for an additional term. Such salary shall be fixed for any renewed
term at least ninety days before the commencement thereof.
(e) (1) Appropriations
for the salaries of the Health and Safety Administrator and any other employees
of the board and for necessary office and operating expenses shall be made to a
budget account established for those purposes in the General Revenue Fund. Such
account shall be separate from any accounts or appropriations for the Office of
Miners’ Health, Safety and Training.
(2) Expenditures from
the funds established in section three hundred ten, article two-a; section
seven, article six; section four, article seven; section three, article eleven
of this chapter shall be by the Health and Safety Administrator for
administrative and operating expenses, such operating expenses include mine
health and safety, research, education and training programs as determined by
the entities.
(f) The Health and
Safety Administrator shall review all coal mining fatalities and major causes
of injuries as mandated by section four of this article. An analysis of such
fatalities and major causes of injuries shall be prepared for consideration by
the board within ninety days of the occurrence of the accident.
(g) At the direction of
the board, the administrator shall also conduct an annual study of occupational
health issues relating to employment in and around coal mines of this state and
submit a report to the board with findings and proposals to address the issues
raised in such study. The administrator is responsible for preparing the annual
reports required by subsection (e), section four of this article and section
nine of this article.
(h) The administrator
shall provide administrative assistance to the The State Coal Mine Safety and
Technical Review Committee, Board of Coal Mine Health and Safety, and serve as
the legislative liaison for budgetary issues. The Administrator shall serve as
an ex officio, nonvoting member on The State Coal Mine Safety and
Technical Review Committee.
(i) The administrator
shall submit to each board or commission for its approval, the proposed budget
of the board or commission before submitting it to the Secretary of Revenue.
(j) The administrator
shall prepare and submit to the Director of the Office of Miners’ Health,
Safety and Training, no less than on a quarterly basis, a report that
summarizes the coal mine health and safety standard rules under consideration
by the Board of Coal Mine Health and Safety, as well as the meetings and
meeting agendas of the board
The position of Health and Safety Administrator shall terminate on June 30, 2019, and should there be any need for a reconciliation of the accounts of the administrator or of the Board of Coal Mine Health and Safety following that date, the Department of Commerce shall complete that reconciliation.
§22A-6-7. Coal Mine
Safety and Technical Review Committee; membership; method of nomination and
appointment; meetings; quorum; powers and duties of the committee; powers and
duties of the Board of Coal Mine Health and Safety Rule-making authority
and site-specific rules.
(a) The State Coal Mine
Safety and Technical Review Committee is continued, and commencing July 1,
2010, is a separate independent committee within the Department of Commerce
shall terminate and cease to function on June 30, 2019, and on or before
this date, the board shall transfer all its equipment and records to the
Director of the Office of Miner’s Health, Safety, and Training. The
purposes of this committee are to:
(1) Assist the Board of
Coal Mine Health and Safety in the development of technical data relating to
mine safety issues, including related mining technology;
(2) Provide suggestions
and technical data to the board and propose rules with general mining industry
application;
(3) Accept and consider
petitions submitted by individual mine operators or miners seeking site-specific
rulemaking pertaining to individual mines and make recommendations to the board
concerning such rulemaking; and
(4) Provide a forum for
the resolution of technical issues encountered by the board, safety education
and coal advocacy programs.
(b) The committee shall
consist of two members who shall be residents of this state and who shall be
appointed as hereinafter specified in this section:
(1) The Governor shall
appoint one member to represent the viewpoint of the coal operators in this
state from a list containing one or more nominees submitted by the major trade
association representing coal operators in this state within thirty days of
submission of such nominee or nominees.
(2) The Governor shall
appoint one member to represent the viewpoint of the working miners of this
state from a list containing one or more nominees submitted by the highest
ranking official within the major employee organization representing coal mines
within this state within thirty days of submission of the nominee or the
nominees.
(3) The members
appointed in accordance with the provisions of subdivisions (1) and (2) of this
subsection shall be initially appointed to serve a term of three years. The
members serving on the effective date of this article may continue to serve
until their terms expire.
(4) The members
appointed in accordance with the provisions of subdivisions (1) and (2) of this
subsection may be, but are not required to be, members of the Board of Coal
Mine Health and Safety, and shall be compensated on a per diem basis in the
same amount as provided in section ten of this article, plus all reasonable
expenses.
(c) The committee shall
meet at least once during each calendar month, or more often as may be
necessary.
(d) A quorum of the
committee shall require both members and the committee may only act officially
by a quorum
(e) (b) The committee director may
review any matter relative to mine safety and mining technology and may pursue
development and resolution of issues related thereto. The committee may make
recommendations to the board for the promulgation of Where necessary to
address or resolve such issues, the director may prepare and promulgate rules
with general mining industry application pursuant to the procedures
specified in §22A-6-4 of this code. Upon receipt of a unanimous
recommendation for rule making from the committee and only thereon, the board
may adopt or reject such rule, without modification except as approved by the
committee: Provided, That any adopted rule No rule so promulgated
shall not reduce or compromise the level of safety or protection below
the level of safety or protection afforded by applicable statutes and rules. When
so promulgated, such rules shall be effective, notwithstanding the provisions
of applicable statutes
(f) (1) (c) Upon application of a coal mine operator,
or on its his or her own motion, the committee director
has the authority to accept requests for site-specific rule making on a mine-by-mine
basis and make unanimous recommendations to the board for to promulgate
a site-specific rules thereon The committee has authority to
approve a request if it concludes that the request rule if the rule
does not reduce or compromise the level of safety or protection afforded miners
below the level of safety or protection afforded by any other applicable
statutes or rules. Upon receipt of a request for site-specific rule making, the
committee director may conduct an investigation of the conditions
in the specific mine in question, which investigation shall include consultation
with the mine operator and authorized representatives of the miners. Such
authorized representatives of the miners shall include any person designated by
the employees at the mine, persons employed by an employee organization
representing one or more miners at the mine, or a person designated as a
representative by one or more persons at the mine.
(2) If the committee director
determines to recommend a request made pursuant to subdivision (1) of this
subsection, the committee shall provide the results of its investigation to the
Board of Coal Mine Health and Safety along with recommendations for the
development of the site-specific rules applicable to the individual mine, which
recommendations may include a written proposal containing draft rules.
(3) Within thirty days
of receipt of the committee's recommendation, the board shall adopt or reject,
without modification, except as approved by the committee, the committee's
recommendation to promulgate site-specific rules applicable to an individual
mine adopting such site-specific rules only if it determines that the
application of the requested rule to such mine will not reduce or compromise
the level of safety or protection afforded miners below that level of safety or
protection afforded by any applicable statutes. When so promulgated, such rules
shall be effective notwithstanding the provisions of applicable statutes.
(g) The board shall
consider all rules proposed by the Coal Mine Safety and Technical Review
Committee and adopt or reject, without modification, except as approved by the
committee, such rules, dispensing with the preliminary procedures set forth in
subdivisions (1) through (7), subsection (a), section five; and, in addition,
with respect to site-specific rules also dispensing with the procedures set
forth in subdivisions (4) through (8), subsection (c), section four of this
article.
(h) In performing its
functions, the committee has access to the services of the coal mine Health and
Safety Administrator appointed under section six of this article. The director
shall make clerical support and assistance available in order that the
committee can carry out its duties. Upon the request of both members of the
committee, the Health and Safety Administrator shall draft proposed rules and
reports or make investigations.
(i) The powers and
duties provided for in this section for the committee are not intended to
replace or precondition the authority of the Board of Coal Mine Health and
Safety to act in accordance with sections one through six and eight through ten
of this article.
(j) Appropriations for
the funding of the committee and to effectuate this section shall be made to a
budget account hereby established for that purpose in the General Revenue Fund.
Such account shall be separate from any accounts or appropriations for the
office of miners' health, safety and training
§22A-6-8. Effect of rules.
[Repealed.]
§22A-6-9. Reports.
[Repealed.]
§22A-6-10. Compensation and expenses of board members.
[Repealed.]
§22A-6-11. Study of methane detecting shut off devices.
[Repealed.]
§22A-6-12. Study of whistleblower protections.
[Repealed.]
§22A-6-13. Study of ingress and egress to bleeder and gob areas of longwall panels and pillar sections.
[Repealed.]
§22A-6-14. Study of mandatory substance abuse program.
[Repealed.]
ARTICLE 7. BOARD OF
MINER TRAINING, EDUCATION AND CERTIFICATION Act.
§22A-7-2. Board of
Miner Training, Education and Certification abolished and duties imposed upon
the Board of Coal Mine Health and Safety Legislative findings.
The Legislature hereby finds and declares that:
(a) The continued prosperity of the coal industry is of primary importance to the State of West Virginia;
(b) The highest priority and concern of this Legislature and all in the coal mining industry must be the health and safety of the industry’s most valuable resource - the miner;
(c) A high priority must also be given to increasing the productivity and competitiveness of the mines in this State;
(d) An inordinate number of miners, working on both the surface in surface mining and in and at underground mines, are injured during the first few months of their experience in a mine;
(e) These injuries result in the loss of life and serious injury to miners and are an impediment to the future growth of West Virginia’s coal industry;
(f) Injuries can be avoided through proper miner training, education and certification;
(g) Mining is a technical occupation with various specialties requiring individualized training and education; and
(h) It is the general purpose of this article to:
(1) Require adequate training, education and meaningful certification of all persons employed in coal mines;
(2) Require certain training and education of all prospective miners and miners certified by the state;
(3) Authorize a stipend for prospective miners enrolled in this State’s miner training, education and certification program; and
(4) Direct the Director
of the Office of Miners’ Health, Safety and Training to apply and implement the
standards set by the Board of Coal Mine Health and Safety by establishing
programs for miner and prospective miner education and training; and
(5) (4) Provide for a program of continuing miner
education for all categories of certified miners.
§22A-7-3. Definitions
Definition of “mine”.
Unless the context in
which a word or phrase appears clearly requires a different meaning, the words
defined in section two, article one of this chapter have when used in this
article the meaning therein assigned to them. These words include, but are not
limited to, the following: Office, director, mine inspector, operator, miner,
shotfirer and certified electrician.
“Board” means the Board
of Coal Mine Health and Safety established by section four of this article.
“Mine” For purposes of this article, “mine” means any
mine, including a “surface mine,” as that term is defined in section three,
article three, chapter twenty-two of this code, and in section two, article
four of said chapter; and a “mine” as that term is defined in section two,
article one of this chapter.
§22A-7-4. Board of Miner
Training, Education and Certification continued; membership; method of
appointment; terms terminated.
(a) The Board of Miner
Training, Education and Certification is continued, and commencing July 1, 2010,
is a separate independent board within the Department of Commerce shall
terminate on June 30, 2019, and on or before this date, the board shall
transfer all its equipment and records to the Office of Miner’s Health, Safety,
and Training. Thereafter all functions of the board are transferred to and
shall continue with the director.
The board consists of
six voting members and two ex officio, nonvoting members, who are selected in
the following manner:
(1) One member shall be
appointed by the Governor to represent the viewpoint of surface mine operators
in this state. When such member is to be appointed, the Governor shall request
from the major association representing surface coal operators in this state a
list of three nominees to the board. The Governor shall select from said
nominees one person to serve on the board. For purposes of this subsection, the
major association representing the surface coal operators in this state is that
association, if any, which represents surface mine operators accounting for
over one half of the coal produced in surface mines in this state in the year
prior to that year in which the appointment is made.
(2) Two members shall be
appointed by the Governor to represent the interests of the underground
operators of this state. When said members are to be appointed, the Governor
shall request from the major association representing the underground coal
operators in this state a list of six nominees to the board. The Governor shall
select from said nominees two persons to serve on the board. For purposes of
this subsection, the major association representing the underground operators
in this state is that association, if any, which represents underground
operators accounting for over one half of the coal produced in underground
mines in this state in the year prior to that year in which the appointments
are made.
(3) Three members shall
be appointed by the Governor who can reasonably be expected to represent the
interests of the working miners in this state. If the major employee
organization representing coal miners in this state is divided into
administrative districts, the employee organization of each district shall,
upon request by the Governor, submit a list of three nominees for membership on
the board. If such major employee organization is not so divided into
administrative districts, such employee organization shall, upon request by the
Governor, submit a list of twelve nominees for membership on the board. The
Governor shall make such appointments from the persons so nominated: Provided,
That in the event nominations are made by administrative districts, not more
than one member shall be appointed from the nominees of any one district unless
there are less than three such districts in this state.
(4) The Director of the
Office of Miner's Health, Safety and Training or his or her designee, and the
Health and Safety Administrator of the Board of Coal Mine Health and Safety
shall serve as ex officio, nonvoting members.
(5) All appointments
made by the Governor under this section shall be with the advice and consent of
the Senate: Provided, That persons so appointed while the Senate of this
state is not in session are permitted to serve up to one year in an acting
capacity, or until the next session of the Legislature, whichever is less.
(b) The board shall be
appointed by the Governor. Members serving on the effective date of this
article may continue on the board until their terms expire. Appointed members
serve for a term of three years. The board shall meet at the call of the chair,
at the call of the director, or upon the request of any two members of the
board: Provided, That no meeting of the board for any purpose shall be
conducted unless the board members are notified at least five days in advance
of a proposed meeting. In cases of an emergency, members may be notified of a
board meeting by the most appropriate means of communication available.
(c) Whenever a vacancy
on the board occurs, appointments shall be made in the manner prescribed in
this section: Provided, That in the case of an appointment to fill a
vacancy nominations shall be submitted to the Governor within thirty days after
the vacancy occurs. The vacancy shall be filled by the Governor within thirty
days of receipt of the list of nominations.
(d) Each appointed
member of the board shall be paid the same compensation, and each member of the
board shall be paid the expense reimbursement, as is paid to members of the
Legislature for their interim duties as recommended by the citizens legislative
compensation commission and authorized by law for each day or portion thereof
engaged in the discharge of official duties. Any such amounts shall be paid out
of the State Treasury upon a requisition upon the State Auditor, properly
certified by such members of the board.
(e) A quorum of the
board is four members, with two representing the viewpoint of the operators and
two representing the viewpoint of the labor organization. The board may act
officially by a majority of those members who are present. No vote of the board
may be taken unless all six voting members are present.
(f) In performing its
functions, the board shall have access to the services of the Board of Coal
Mine Health and Safety. The Board of Coal Mine Health and Safety shall provide
administrative support and assistance, pursuant to section six, article six of
this chapter, to enable the board to carry out its duties.
(g) Appropriations to
the board to effectuate the purposes of this article shall be made to a budget
account established for that purpose
§22A-7-5. Additional
powers and duties of the Board of Coal Mine Health and Safety director.
(a) The board director
shall establish criteria and standards for a program of education, training and
examination to be required of all prospective miners and miners prior to their
certification in any of the various miner specialties requiring certification
under this article or any other provision of this code. The specialties
include, but are not limited to, underground miner, surface miner, apprentice,
underground mine foreman-fire boss, assistant underground mine foreman-fire
boss, shotfirer, mine electrician and belt examiner. Notwithstanding the
provisions of this section, the director may by rule further subdivide the
classifications for certification.
(b) The board director
may require certification in other miner occupational specialties: Provided,
That no new specialty may be created by the board director unless
certification in a new specialty is made desirable by action of the federal
government requiring certification in a specialty not enumerated in this code.
(c) The board director
may establish criteria and standards for a program of preemployment education
and training to be required of miners working on the surface at underground
mines who are not certified under the provisions of this article or any other
provision of this code.
(d) The board director
shall set minimum standards for a program of continuing education and training
of certified persons and other miners on an annual basis: Provided, That
the standards shall be consistent with the provisions of section seven of this
article. Prior to issuing the standards, the board director shall
conduct public hearings at which the parties who may be affected by its actions
may be heard. The education and training shall be provided in a manner
determined by the director to be sufficient to meet the standards established
by the board legislative rule.
(e) The board director
may, in conjunction with any state, local or federal agency or any other person
or institution, provide for the payment of a stipend to prospective miners
enrolled in one or more of the programs of miner education, training and
certification provided in this article or any other provision of this code.
(f) The board director
may also, from time to time, conduct any hearings and other oversight
activities required to ensure full implementation of programs established by it
the director.
(g) Nothing in this
article empowers the board to revoke or suspend any certificate issued by the
Director of the Office of Miners’ Health, Safety and Training
(h) (g) The board director may, upon
its his or her own motion, or whenever requested to do so by
the director consider two certificates issued by this state to be of equal
value or consider training provided or required by federal agencies to be
sufficient to meet training and education requirements set by it the
director or by the provisions of this code.
(i) (h) As part of the annual training required by
this section, the board director shall include training of
certified persons and other miners, instruction on miners’ rights as they
relate to the operation of unsafe equipment as provided in §22A-2-71 of this
code, his or her the miner’s right to withdrawal from unsafe conditions
as provided in §22A-2-72 of this code and his or her rights under §22A-2-22 of
this code.
§22A-7-5a. Study of miner training and education.
[Repealed.]
§22A-7-6. Duties of the director and office.
The director shall propose rules for legislative approval, pursuant to §29A-3-1 et seq. of this code, that are necessary to establish a program to implement the provisions of this article. Such program shall include, but not be limited to, implementation of a program of instruction in each of the miner occupational specialties and the conduct of examinations to test each applicant's knowledge and understanding of the training and instruction which he or she is required to have prior to the receipt of a certificate.
The director is authorized and directed to utilize state mine inspectors, mine safety instructors, the state mine foreman examiner, private and public institutions of education and such other persons as may be available in implementing the program of instruction and examinations.
The director may, at any
time, make such recommendations to the board as he or she may deem appropriate.
The director shall
supply any information upon request of the board as long as the information is
not in violation of any other laws
The director is authorized and directed to utilize such state and federal moneys and personnel as may be available to the office for educational and training purposes in the implementation of the provisions of this article.
§22A-7-7. Continuing education requirements for underground mine foreman-fire boss.
(a) An underground mine foreman-fire boss certified pursuant to this article on or after the effective date of this section shall complete the continuing education requirements in this section within two years of their certification and every two years thereafter. The continuing education requirements of this section may not be satisfied by the completion of other training requirements mandated by the provisions of this chapter.
(b) In order to receive continuing education credit pursuant to this section, a mine foreman-fire boss shall satisfactorily complete a mine foreman-fire boss continuing education course approved by the board and taught by a qualified instructor approved by the director. The mine foreman-fire boss shall not suffer a loss in pay while attending a continuing education course. The mine foreman-fire boss shall submit documentation to the office certified by the instructor that indicates the required continuing education has been completed prior to the deadlines set forth in this subsection: Provided, That a mine foreman-fire boss may submit documentation of continuing education completed in another state for approval and acceptance by the board.
(c) The mine foreman-fire boss shall complete at least eight hours of continuing education every two years.
(d) The content of the continuing education course shall include, but not be limited to:
(1) Selected provisions of this chapter and 30 U. S. C. § 801, et seq.;
(2) Selected provisions of the West Virginia and federal underground coal mine health and safety rules and regulations;
(3) The responsibilities of a mine foreman-fire boss;
(4)
Selected policies and memoranda of the Office of Miners’ Health, Safety and
Training, the Board of Coal Mine Health and Safety and from any safety
analysis performed by the company;
(5) A review of fatality and accident trends in underground coal mines; and
(6) The board director shall solicit input from mining companies on the
substance of the training and discuss how the training shall be scheduled
during the year.
(e) The board director may approve alternative training programs tailored to
specific mines.
(f) A
mine foreman-fire boss who fails to complete the requirements of this section
shall have his or her certification suspended pending completion of the
continuing education requirements. During the pendency of the suspension, the
individual may not perform statutory duties assigned to a mine foreman-fire
boss under West Virginia law. The office shall send notice of any suspension to
the last address the certified mine foreman-fire boss reported to the director.
If the requirements are not met within two years of the suspension date, the
director may file a petition with the Board of Appeals pursuant to the
procedures set forth in §22A-1-31 of this code and, upon determining that the
requirements have not been met, the Board of Appeals may revoke the mine
foreman-fire boss’ certification, which shall not be renewed except upon
successful completion of the examination prescribed by law for mine foremen-fire
bosses or upon completion of other training requirements established by the board director: Provided,
That an individual having his or her mine foreman-fire boss certification
suspended pursuant to this section who also holds a valid mine foreman-fire
boss certification from another state may have the suspension lifted by
completing training requirements established by the board director.
(g) The office shall make a program of instruction that meets the requirements for continuing education set forth in this section regularly available in regions of the State, based on demand, for individuals possessing mine foreman-fire boss certifications who are not serving in a mine foreman-fire boss capacity: Provided, That the office may collect a fee from program participants to offset the cost of the program.
(h) The office shall make available to operators and other interested parties a list of individuals whose mine foreman-fire boss certification is in suspension or has been revoked.
ARTICLE 8. CERTIFICATION OF UNDERGROUND AND SURFACE COAL MINERS.
§22A-8-3. Permit of apprenticeship-underground miner.
A permit of
apprenticeship-underground miner shall be issued by the director to any person
who has demonstrated by examination a knowledge of the subjects and skills
pertaining to employment in underground mines, including, but not limited to,
general safety, first aid, miner and operator rights and responsibilities,
general principles of electricity, general mining hazards, roof control,
ventilation, mine health and sanitation, mine mapping, state and federal mining
laws and regulations and such other subjects as may be required by the board of
miner training, education and certification: Provided, That each
applicant for said permit shall complete a program of education and training of
at least eighty hours, which shall be determined by, the Board of Miner
Training, Education and Certification and provided for, and implemented by
the director: Provided, however, That if a sufficient number of
qualified applicants having successfully completed the state training program
provided by the Office of Miners' Health, Safety and Training are not
available, the operator may request approval from the director to conduct the
operator's own preemployment training program so long as such training
adequately covers the minimum criteria determined by the board and such trainees
shall be eligible for the same certification as provided for trainees
undergoing training provided by the state.
§22A-8-4. Permit of apprenticeship-surface miner.
A permit of
apprenticeship-surface miner shall be issued by the director to any person who
has demonstrated by examination a knowledge of the subjects and skills
pertaining to employment in the surface mining industry, including, but not
limited to, general safety, first aid, miner and operator rights and
responsibilities, general principles of electricity, health and sanitation,
heavy equipment safety, high walls and spoil banks, haulage, welding safety,
tipple safety, state and federal mining laws and regulations and such other
subjects as may be required by the board of miner training, education and
certification: Provided, That each applicant for said permit shall
complete a program of education and training of at least forty hours, which
program shall be determined by, the Board of Miner Training, Education and
Certification and provided for, and implemented by the director: Provided,
however, That if a sufficient number of qualified applicants having
successfully completed the state training provided by the Office of Miners’
Health, Safety and Training are not available, the operator may request
approval from the director to conduct the operator's own preemployment training
program so long as such training adequately covers the minimum criteria
determined by the board and such trainees shall be eligible for the same
certification as provided for trainees undergoing training provided by the state.
§22A-8-5. Supervision of apprentices.
Each holder of a permit of
apprenticeship shall be known as an apprentice. Any miner holding a certificate
of competency and qualification may have one person working with him or her,
and under his or her supervision and direction, as an apprentice, for the
purpose of learning and being instructed in the duties and calling of mining.
Any mine foreman or fire boss or assistant mine foreman or fire boss may have
three persons working with him or her under his or her supervision and
direction, as apprentices, for the purpose of learning and being instructed in
the duties and calling of mining: Provided, That a mine foreman,
assistant mine foreman or fire boss supervising apprentices in an area where no
coal is being produced or which is out by the working section may have as many
as five apprentices under his or her supervision and direction, as apprentices,
for the purpose of learning and being instructed in the duties and calling of
mining or where the operator is using a production section under program for
training of apprentice miners, approved by the Board of Miner Training,
Education and Certification Director of the Office of Miners’ Health,
Safety and Training.
Every apprentice working at a surface mine shall be at all times under the supervision and control of at least one person who holds a certificate of competency and qualification.
In all cases, it is the duty of every mine operator who employs apprentices to ensure that such persons are effectively supervised and to instruct such persons in safe mining practices. Each apprentice shall wear a red hat which identifies the apprentice as such while employed at or near a mine. No person shall be employed as an apprentice for a period in excess of eight months, except that in the event of illness or injury, time extensions shall be permitted as established by the Director of the Office of Miners’ Health, Safety and Training.
§22A-8-6. Certificate of competency and qualification -- Underground or surface miner.
A certificate of competency
and qualification as an underground miner or as surface miner shall be issued
by the director to any person who has at least six months' total experience as
an apprentice and demonstrated his or her competence as a miner by successful
completion of an examination given by the director or his or her representative:
in a manner and place to be determined by the Board of Miner Training,
Education and Certification Provided, That all examinations shall be
conducted in the English language and shall be of a practical nature, so as to
determine the competency and qualifications of the applicant to engage in the
mining of coal with reasonable safety to the applicant and fellow employees: Provided,
however, That notice of the time and place of such examination shall be
given to management at the mine, to the local union thereat if there is a local
union, and notice shall also be posted at the place or places in the vicinity
of the mine where notices to employees are ordinarily posted. Examinations
shall also be held at such times and places, and after such notice, as the board
director finds necessary to enable all applicants for certificates to
have an opportunity to qualify for certification.
ARTICLE 9. MINE INSPECTORS’ EXAMINING BOARD.
§22A-9-1. Mine Inspectors’ Examining Board abolished and duties imposed upon the Board of Coal Mine Health and Safety.
The Mine Inspectors’
Examining Board is hereby abolished. All duties and responsibilities imposed
upon the Mine Inspectors’ Examining Board are transferred and hereby imposed
upon the Board of Coal Mine Health and Safety to the Director of the
Office of Miners’ Health, Safety, and Training. On the effective date of
the reenactment of this article and section of the code, all equipment and
records necessary to effectuate the purposes of this article shall be
transferred to the Board of Coal Mine Health and Safety director.
In addition to other duties
expressly set forth elsewhere in this article, the Board of Coal Mine Health
and Safety director shall:
(1) Establish, and from time to time, revise forms of application for employment as mine inspectors, which shall include the applicant’s social security number, and forms for written examinations to test the qualifications of candidates for that position;
(2) Adopt and promulgate
reasonable rules relating to the examination, qualification and certification
of candidates for appointment as mine inspectors, and hearing for removal of
inspectors, required to be held by §22A-1-12 of this chapter. All of such rules
shall be printed and a copy thereof furnished by the secretary of the board
director to any person upon request. The board director shall
determine whether applicants have the necessary experience to take the mine
inspector examination, and the examination of candidates for appointment as a
mine inspector shall be conducted by the board and it shall rank all
applicants director who shall prepare a register of qualified, eligible
candidates for appointment as mine inspector;
(3) The director shall issue a letter or written notice of qualification to each successful eligible candidate;
(3) (4) Prepare and certify to the Director of
the Office of Miners’ Health, Safety and Training a register of qualified
eligible candidates for appointment as mine inspectors. The register shall list
all qualified eligible candidates in the order of their grades, the candidate
with the highest grade appearing at the top of the list. After each meeting of
the board held to examine such candidates, and at least annually, the board
shall prepare and submit to the Director of the Office of Miners’ Health,
Safety and Training The director shall, at least annually, prepare a
revised and corrected register of qualified eligible candidates for appointment
as mine inspector, deleting from such revised register all persons: (a) Who are
no longer residents of West Virginia; (b) who have allowed a calendar year to
expire without, in writing, indicating their continued availability for such
appointment; (c) who have been passed over for appointment for three years; (d)
who have become ineligible for appointment since the board director
originally certified that such person was qualified and eligible for
appointment as mine inspector; or (e) who, in the judgment of the board director,
should be removed from the register for good cause; by the board
(4) (5) The board
director shall keep and preserve the written examination papers, manuscripts,
grading sheets, and other papers of all applicants for appointment as mine
inspector for a period of two years. Specimens of the examinations given,
together with the correct solution of each question, shall be preserved;
(5) The board shall issue
a letter or written notice of qualification to each successful eligible
candidate
(6) The Board of Coal
Mine Health and Safety director shall hear and determine proceedings
for the removal of mine inspectors in accordance with the provisions of this
article;
(7) The board Board
of Appeals, established in §22A-5-1 et seq. of this code, shall hear
and determine appeals of mine inspectors from suspension orders made by the
director pursuant to the provisions of §22A-1-4 of this code: Provided,
That an aggrieved inspector, in order to appeal from any order of suspension,
shall file such appeal in writing with the Board of Coal Mine Health and
Safety Board of Appeals not later than ten days after receipt of
notice of suspension. On such appeal the board shall affirm the act of the
director unless it be satisfied from a clear preponderance of the evidence that
the director has acted arbitrarily;
(8) The board and
office director shall make an annual report to the Governor and the director
Legislature concerning the administration of mine inspection personnel
in the state service, making such recommendations as the board director
considers to be in the public interest.
ARTICLE 11. MINE SAFETY TECHNOLOGY.
§22A-11-1. Legislative findings, purposes and intent.
The Legislature hereby finds and declares:
(1) That the first priority and concern of all persons in the coal mining industry must be the health and safety of its most precious resource - the miner;
(2) That in furtherance of this priority, the provisions of article two of this chapter are designed to protect the health and safety of this State’s coal miners by requiring certain minimum standards for, among other things, certain health and safety technology used by each underground miner;
(3) That the proper implementation of this technology in West Virginia’s underground mines would benefit from the specialized oversight of persons with experience and competence in coal mining, coal mine health and safety and the expanding role of technology; and
(4) That, in furtherance of provisions of this section, it is the intent of the Legislature to direct that the Director of the Office of Miners’ Health, Safety, and Training, on a continuous basis, evaluate and study issues relating to the commercial availability and functional and operational capability of existing and emerging technologies in coal mine health and safety, as well as issues relating to the implementation, compliance and enforcement of regulatory requirements governing the technologies.
§22A-11-2. Mine Safety
Technology Task Force abolished and duties imposed upon the Board of Coal
Mine Health and Safety Director of the Office of Miners’ Health, Safety,
and Training.
(a) The Mine Safety
Technology Task Force hereby abolished. All duties and responsibilities imposed
upon the Mine Safety Technology Task Force are transferred and hereby imposed
upon the Board of Coal Mine Health and Safety Director of the Office
of Miners’ Health, Safety, and Training. On the effective date of the
reenactment of this article and section of the code, all equipment and records
necessary to effectuate the purposes of this article shall be transferred to
the Board of Coal Mine Health and Safety Office of Miners’ Health,
Safety, and Training.
§22A-11-3. The Board
of Coal Mine Health and Safety’s director’s duties regarding mine
technology.
(a) The board shall
provide technical and other assistance to the office related to the
implementation of the new technological requirements set forth in the provisions
of section fifty-five, article two of this chapter, as amended and reenacted
during the regular session of the Legislature in 2006 and requirements for
other mine safety technologies
(b) (a) The board, working in conjunction with
the director shall continue to study issues regarding the commercial
availability, the functional and operational capability and the implementation,
compliance and enforcement of the following protective equipment:
(1) Self-contained self-rescue devices, as provided in subsection (f), section fifty-five, article two of this chapter;
(2) Wireless emergency communication devices, as provided in subsection (g), section fifty-five, article two of this chapter;
(3) Wireless emergency tracking devices, as provided in subsection (h), section fifty-five, article two of this chapter; and
(4) Any other protective equipment required by this chapter or rules promulgated in accordance with the law that the director determines would benefit from the expertise of the task force.
(c) (b) The board director shall on
a continuous basis study, monitor and evaluate:
(1) The potential for enhancing coal mine health and safety through the application of existing technologies and techniques;
(2) Opportunities for improving the integration of technologies and procedures to increase the performance and survivability of coal mine health and safety systems;
(3) Emerging technological advances in coal mine health and safety; and
(4) Market forces impacting the development of new technologies, including issues regarding the costs of research and development, regulatory certification and incentives designed to stimulate the marketplace.
(d) (c) On or before July 1 of each year, the board
director shall submit a report to the Governor and the director Legislature
that shall include, but not be limited to:
(1) A comprehensive overview of issues regarding the implementation of the new technological requirements set forth in the provisions of section fifty-five, article two of this chapter, or rules promulgated in accordance with the law;
(2) A summary of any emerging technological advances that would improve coal mine health and safety;
(3) Recommendations, if any, for the enactment, repeal or amendment of any statute which would enhance technological advancement in coal mine health and safety; and
(4) Any other information
the board director considers appropriate.
(e) (d) In performing its his or her
duties, the board director shall, where possible, consult with,
among others, mine engineering and mine safety experts, radio communication and
telemetry experts and relevant state and federal regulatory personnel.
(f) (e) Appropriations to the board and to
effectuate the purposes of this article shall be made to one or more budget
accounts established for that purpose.
(g) (f) The board director shall
annually compile a proposed and update a list of approved
innovative mine safety technologies and transmit the list to the Director of
the Office of Miners’ Health, Safety and Training as which meet the
criteria provided in §11-13BB-4 of this code. The list shall be approved
by unanimous vote of the board
§22A-11-4. Approval of devices.
[Repealed.]
NOTE: The purpose of this bill is to terminate the administrative, investigative, certification, and research boards affiliated with the Office of Miners’ Health, Safety, and Training and to transfer the powers and duties of those boards to the Director of Miners’ Health, Safety, and Training.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.