H. B. 2122
(By Delegate Frederick)
[Introduced February 9, 2005; referred to the
Committee on Industry and Labor, Economic Development and
Small Business then the Judiciary.]
FN
A BILL to amend and reenact §22A-1-8, §22A-1-9, §22A-1-11,
§22A-1-12 and §22A-1-13 of the code of West Virginia, 1931, as
amended, all relating to mine inspectors; districts and
divisions; employment; tenure; oath; bond; mine safety
instructors; qualifications; employment; employment of
electrical inspectors; qualifications; salary and expenses;
eligibility for appointment as mine inspector; qualifications;
removal; eligibility for appointment as surface mine
inspector; qualifications; and removal.
Be it enacted by the Legislature of West Virginia:
That §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 and §22A-1-13
of
the code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; ENFORCEMENT.
§22A-1-8. Mine inspectors; regions and districts; employment;
tenure; oath.
Notwithstanding any other provisions of this code to the
contrary, mine inspectors shall be selected, serve and be removed
as provided in this article.
The Director, in consultation with the Legislature, shall
divide the State into a sufficient number of regions mining
districts and divisions, so as to equalize, as far as practical,
the work of each inspector. The Director may assign inspectors to
districts and may designate and assign not more than one
inspector-at-large and one assistant inspector-at-large to each
region division. The Director may designate the places of abode of
inspectors at points convenient to the mines of their respective
districts, and, in the case of inspectors-at-large and assistant
inspectors-at-large, their respective regions divisions.
All mine inspectors appointed after the Mine Inspectors'
Examining Board has certified to the Director an adequate register
of qualified eligible candidates, so long as the register contains
the names of at least three qualified eligible candidates, shall be
appointed from the names on such register. Each original
appointment shall be made by the Director for a probationary period
of not more than one year.
The Director shall make each appointment from among the three qualified eligible candidates on the register having the highest
grades: Provided, That the Director may, for good cause, at least
thirty days prior to making an appointment, strike any name from
the register. Upon striking any name from the register, the
Director shall immediately notify in writing each member of the
Mine Inspectors' Examining Board of the action, together with a
detailed statement of the reasons therefor. Thereafter, if the
Mine Inspectors' Examining Board finds, after hearing, that the
action of the Director was arbitrary or unreasonable, it may then
order the name of any candidate so stricken from the register to
be reinstated thereon. The reinstatement is shall be effective
from the date of removal from the register.
The name of any candidate passed over for appointment for
three years shall be deleted from the register automatically.
After having served for a probationary period of one year to
the satisfaction of the Director, a mine inspector has permanent
tenure, subject to dismissal only for cause in accordance with the
applicable provisions of section twelve of this article. No mine
inspector, while in office, may be directly or indirectly
interested as an employee, owner, lessor, operator, stockholder,
superintendent or engineer of any coal mine. Before entering upon
the discharge of the duties as a mine inspector, he or she shall
take the oath of office prescribed by section 5, article IV of the
Constitution of West Virginia, a certificate of which oath shall be filed in the office of the secretary of state.
The district inspectors, surface inspectors, electrical
inspectors, inspectors-at-large and assistant inspectors-at-large,
together with the Director, shall make all inspections authorized
by this article and article two of this chapter and shall perform
such other duties as are imposed upon mine inspectors by this
chapter and by any applicable legislative rules.
§22A-1-9. Employment of mine safety instructors; eligibility;
qualifications; examinations; salary; provisions
relating to district mine inspectors applicable to
mine safety instructors.
(a) The office shall employ a sufficient number of mine safety
instructors as the Director, in consultation with the Mine
Inspector's Examining Board, determines to be reasonably necessary
in fully and effectively carrying out the applicable provisions of
this chapter and to equalize, as far as practical, the work of each
mine safety instructor.
(b) To be eligible for employment as a mine safety instructor,
the applicant shall be: (1) A citizen of West Virginia, in good
health, not less than twenty-four years of age, of good character
and reputation, and of temperate habits; (2) a person who has had
at least five years of practical experience in coal mines: at
least two years of which has been in mines in this state Provided,
That graduation from any accredited college of mining engineering may be considered equivalent to two years of practical experience;
(3) a person who has had practical experience with dangerous gases
found in coal mines, and who has a good theoretical and practical
knowledge of mines, mining methods, mine ventilation, sound safety
practices and applicable mining laws and rules; and (4) a person
who possesses a West Virginia foreman-fireboss certification and
who has been a supervisor on a working section for at least three
years; or a person who has had at least three one years year of
experience as an actual working team member of a mine rescue team,
or at least three years of experience as a member of a first aid
team or emergency medical technician team; or a person who has had
at least three five years of experience as the safety Director, or
the equivalent as approved by the Mine Inspectors' Examining Board,
of a mine; or a person who has had at least three years of
experience as an active member of a mine safety committee. For the
purpose of this section, practical experience means the performance
of normal mining duties requiring a person to hold a certificate of
competency and qualification as an experienced miner or a permit of
apprenticeship as an inexperienced miner prior to actually
performing such duties.
(c) (1) In order to qualify for appointment as a mine safety
instructor, an eligible applicant shall submit to written, oral and
practical examinations administered by the Mine Inspectors'
Examining Board and furnish evidence of good health, character and other facts establishing eligibility as the Board may require. The
examinations shall relate to the duties to be performed by a mine
safety instructor and, subject to the approval of the Mine
Inspectors' Examining Board, may be prepared by the Director.
(2) If the Board finds after investigation and examination
that an applicant: (A) Is eligible for appointment; and (B) has
passed each required examination with a grade of at least
seventy-five percent or an overall combined average score of eighty
percent, the Board shall add the applicant's name and grades to the
register of qualified eligible candidates and promptly certify its
action in writing to the Director. The Director shall may then
appoint one of the candidates from the three having the highest
grades.
(d) Mine safety instructors shall be paid an annual salary of
not less than thirty-seven thousand four hundred dollars, which
shall be fixed by the Director, who shall take into consideration
ability, performance of duty, and experience and initiative. Mine
safety instructors shall devote all of their time to the duties of
the office.
(e) Except as expressly provided in this section to the
contrary, all provisions of this article relating to the
eligibility, qualification, appointment, tenure, and removal and
reinstatement of underground mine inspectors, as well as those
provisions relating to compensatory time and reimbursement for necessary expenses, are applicable to mine safety instructors.
§22A-1-11. Employment of electrical inspectors; eligibility;
qualifications; examinations; salary; provisions
relating to underground mine inspectors applicable
to electrical inspectors.
(a) The office shall employ a sufficient number of electrical
inspectors as the Director, in consultation with the Mine
Inspectors' Examining Board determines to be reasonably necessary
in fully and effectively carrying out the applicable provisions of
this chapter and to equalize, as far as practical, the work of each
electrical inspector.
(b) To be eligible for employment as an electrical inspector,
the applicant shall be: (1) A citizen of West Virginia, in good
health, not less than twenty-four twenty-five years of age, of good
character and reputation, and of temperate habits; and (2) a person
who has had five seven years of practical electrical experience in
coal mines, at least two of which were in mines in this state, or
a degree in electrical engineering from an accredited electrical
engineering school and three years of practical electrical
experience in underground coal mining. For the purposes of this
section, practical electrical experience means the performance of
duties requiring a person to be a certified electrician, as that
term is defined in subdivision (2), subsection (d), section two of
this article, prior to actually performing such duties.
(c) (1) In order to qualify for appointment as an electrical
inspector, an eligible applicant shall submit to written, oral and
practical examinations administered by the Mine Inspectors'
Examining Board and furnish evidence of good health, character and
other facts establishing eligibility as the Board may require. The
examinations shall relate to the duties to be performed by an
electrical inspector and, subject to approval of the Mine
Inspectors' Examining Board, may be prepared by the Director.
(2) If the Board finds after investigation and examination
that an applicant: (A) Is eligible for appointment; and (B) has
passed the each required examinations examination with an average
a grade of at least ninety eighty percent, the Board shall add the
applicant's name and grades to the register of qualified eligible
candidates and promptly certify its action in writing to the
Director. The Director shall may then appoint one of the
candidates from the three having the highest grades.
(d) Electrical inspectors shall be paid an annual salary of
not less than forty-two thousand eight hundred twenty-eight
dollars, which shall be fixed by the Director, who shall take into
consideration ability, performance of duty and experience.
Electrical inspectors shall devote all of their time to the duties
of the office.
(e) Except as expressly provided in this section to the
contrary, all provisions of this article relating to the eligibility, qualifications, appointment, tenure, and removal and
reinstatement of underground mine inspectors, as well as those
provisions relating to compensatory time and reimbursement for
necessary expenses, are applicable to mine electrical inspectors.
§22A-1-12. Employment of district mine inspectors; eligibility;
qualifications; examinations; salary and expenses;
reinstatement; removal.
(a) The office shall employ as many underground mine
inspectors as the Director determines to be reasonably necessary in
fully and effectively carrying out the applicable provisions of
this chapter in consultation with the Mine Inspectors' Examining
Board, considers necessary to equalize, as far as practical, the
work of each mine inspector.
(b) To be eligible for employment as a mine inspector the
applicant shall be: (1) A citizen of West Virginia, in good
health, not less than twenty-four years of age, of good character
and reputation and of temperate habits; (2) a person who has had at
least five six years of practical experience in coal mines: at
least two years of which have been in mines of this state
Provided, That graduation from any accredited college of mining
engineering may be considered the equivalent of two years of
practical experience; (3) a person who has had practical experience
with dangerous gases found in coal mines; and (4) a person who has
a good theoretical and practical knowledge of mines, mining methods, mine ventilation, sound safety practices and applicable
mining laws and rules. For the purpose of this section, practical
experience means the performance of normal mining duties requiring
a person to hold a certificate of competency and qualification as
an experienced underground miner or a permit of apprenticeship as
an inexperienced underground miner prior to actually performing
such those duties.
(c) In order to qualify for appointment as an underground a
mine inspector, an eligible applicant shall submit to written, oral
and practical examinations administered by the Mine Inspectors'
Examining Board and furnish evidence of good health, character and
other facts establishing eligibility as the Board may require. The
examinations shall relate to the duties to be performed by an
underground a mine inspector and, subject to the approval of the
Mine Inspectors' Examining Board, may be prepared by the Director.
If the Board finds after investigation and examination that an
applicant: (1) Is eligible for appointment employment; and (2) has
passed each required examination, with a grade of at least
seventy-five percent or an overall combined average score of eighty
seventy-five percent, the Board shall add the applicant's name and
grades to the register of qualified eligible candidates and
promptly certify its action in writing to the Director. The
Director shall may then appoint one of the candidates from the
three having the highest grades.
(d) Underground District mine inspectors shall be paid an
annual salary of not less than thirty-eight thirty-nine thousand
one two hundred sixty seventy-six dollars; assistant
inspectors-at-large, not less than forty-four thousand four hundred
forty-eight dollars; inspectors-at-large, not less than forty-six
thousand one hundred four dollars, each of which shall be fixed by
the Director, who shall take into consideration ability,
performance of duty, and experience and initiative. In accordance
with established rules of the State's Travel Management Office,
underground mine inspectors shall also be allowed and paid expenses
necessarily incident to the performance of their official duties:
Provided, That no reimbursement for expenses may be made other than
upon the timely submittal of a properly itemized expense account
settlement completed by the underground mine inspector, approved
and countersigned by the Director, or his or her designated
representative, verifying that the expenses were actually incurred
in the performance of official duties. Underground Mine inspectors
shall devote all of their time to the duties of the office and
shall be afforded compensatory time or compensation of at least the
regular rate of pay for all time worked in excess of forty
forty-two hours per week.
(e) Any mine inspector who has fulfilled the requirements of
this section with respect to employment and who has served
satisfactorily as a mine inspector for a minimum period of one year and who has terminated their employment as a mine inspector, upon
successfully passing a physical examination, may be reinstated as
a mine inspector within two years after terminating their
employment with the approval of the Mine Inspectors' Examining
Board and the Director.
(e) (f) (1) An underground A mine inspector, after having
received a permanent appointment, may be removed from office only
for physical or mental impairment, incompetency, neglect of duty,
public intoxication, malfeasance in office or other similarly good
cause.
(2) Proceedings for the removal of an underground a mine
inspector may be initiated by the Director whenever there is
reasonable cause to believe that adequate cause exists, warranting
removal. The proceeding may be initiated by a verified petition,
filed with the Mine Inspectors' Examining Board by the Director,
setting forth with particularity the facts alleged. Not less than
twenty reputable citizens, who are operators or employees in mines
in this State, may petition the Director for the removal of an
underground a mine inspector. If the petition is verified by at
least one of the petitioners, based on actual knowledge of the
affiant and of the alleged facts, which, if true, warrant the
removal of the inspector, the Director shall cause an investigation
of the alleged facts to be made. If, after the investigation, the
Director finds that there is substantial evidence, which, if true, warrants removal of the inspector, the Director shall file a
petition with the Board requesting removal of the inspector.
(3) On receipt of a petition by the Director seeking removal
of an underground a mine inspector, the Board shall promptly notify
the inspector to appear before it at a time and place designated in
the notice, which time shall be not less than fifteen days
thereafter. There shall be attached to the copy of the notice
served upon the inspector a copy of the petition filed with the
Board.
(4) At the time and place designated in the notice, the Board
shall hear all evidence offered in support of the petition and on
behalf of the inspector. Each witness shall be sworn, and a
transcript shall be made of all evidence taken and proceedings had
at the hearing. No continuance may be granted except for good
cause shown. The Chair of the Board and the Director have power to
administer oaths and subpoena witnesses.
(5) If any mine inspector against whom a petition has been
filed willfully refuses or fails to appear before the Board, or
having appeared, refuses to answer under oath any relevant question
on the basis that the testimony or answer might incriminate him or
her or refuses to waive immunity from prosecution because of any
relevant matter about which the inspector may be asked to testify,
then the inspector shall forfeit his or her position.
(6) If, after hearing, the Board finds that the inspector should be removed, it shall enter an order to that effect. The
decision of the Board is final and is not subject to judicial
review.
§22A-1-13. Employment of surface mine inspectors; eligibility;
qualifications; examinations; salary; provisions
relating to district mine inspectors applicable to
surface mine inspectors.
(a) The office shall employ as many surface mine inspectors as
the director determines to be reasonably necessary in fully and
effectively carrying out the applicable provisions of this chapter.
(b) To be eligible for employment as a surface mine inspector
the applicant shall be: (1) A citizen of West Virginia, in good
health, not less than twenty-four years of age, of good character
and reputation and of temperate habits; (2) a person who has had at
least five years of practical experience in coal mines, at least
two years of which have been in surface mines in this state:
Provided, That graduation from any accredited college of mining
engineering may be considered the equivalent of two years of
practical experience; and (3) a person who has a good theoretical
and practical knowledge of surface mines, surface mining methods,
sound safety practices and applicable mining laws and rules. For
the purpose of this section, practical experience means the
performance of normal mining duties requiring a person to hold a
certificate of competency and qualification as an experienced surface miner prior to actually performing such duties.
(c) (1) In order to qualify for appointment as a surface mine
inspector, an eligible applicant shall submit to written, oral and
practical examinations administered by the mine inspectors'
examining board and furnish evidence of good health, character and
other facts establishing eligibility as the board may require. The
examinations shall relate to the duties to be performed by a
surface mine inspector and, subject to the approval of the mine
inspectors' examining board, may be prepared by the director.
(2) If the board finds after investigation and examination
that an applicant is: (A) Eligible for appointment; and (B) has
passed each required examination with a grade of at least
seventy-five percent, or an overall combined average score of
eighty percent, the board shall add the applicant's name and grades
to the register of qualified eligible candidates and promptly
certify its action in writing to the director. The director shall
then appoint one of the candidates from the three having the
highest grades.
The office shall employ as many surface mine inspectors as the
Director, in consultation with the Mine Inspectors' Examining
Board, considers necessary to equalize, as far as practical, the
work of each inspector.
(a) To be eligible for employment as a surface mine inspector
the applicant shall be: (1) A citizen of West Virginia, in good health, not less than twenty-four years of age, of good character
and reputation and of temperate habits; (2) a person who has had at
least five years of practical experience in coal mines: Provided,
That graduation from any accredited college of mining engineering
may be considered the equivalent of two years of practical
experience; and (3) a person who has a good theoretical and
practical knowledge of surface mines, surface mining methods, sound
safety practices and applicable mining laws and rules. For the
purpose of this section, practical experience means the performance
of normal mining duties requiring a person to hold a certificate of
competency and qualification as an experienced surface miner or a
permit of apprenticeship as an inexperienced surface miner prior to
performing those duties.
(b) In order to qualify for appointment as a surface mine
inspector an eligible applicant shall submit to written, oral and
practical examinations administered by the Mine Inspectors'
Examining Board and furnish evidence of good health, character and
other facts establishing eligibility as the Board may require. The
examinations shall relate to the duties to be performed by a
surface mine inspector, and subject to the approval of the Mine
Inspectors' Examining Board, may be prepared by the Director. If
the Board finds after investigation and examination that an
applicant is: (1) Eligible for appointment; and (2) has passed
each required examination with a grade of at least seventy-five percent, the Board shall add the applicant's name and grades to the
register of qualified eligible candidates and promptly certify its
action in writing to the Director. The Director may then appoint
one of the candidates from the three having the highest grades.
(d) (c) Surface mine inspectors shall be paid an annual salary
of not less than thirty-seven thousand three hundred thirty-two
dollars, which shall be fixed by the Director, who shall take into
consideration ability, performance of duty, and experience and
initiative. Surface mine inspectors shall devote all of their time
to the duties of the office.
(e) Except as expressly provided in this section to the
contrary, all provisions of this article relating to the
eligibility, qualification, appointment, tenure, and removal and
reinstatement of underground district mine inspectors, as well as
those provisions relating to compensatory time and reimbursement
for necessary expenses, are applicable to surface mine inspectors.
NOTE: The purposes of this bill are to require the Director
to consult with the Legislature when dividing the state into mining
districts and divisions; to require the Director to consult with
the Mine Inspectors' Examining Board when establishing the minimum
number of inspectors and instructors that will be necessary to
carry out the provisions of this code; to clarify the meaning of
"practical experience" as it relates to eligibility requirements
for vacant exempt positions; to revise work experience requirements
for mine safety instructor applicants; and, to revise minimum
passing scores for inspector and instructor examinations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.