COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 468
(By Senators Ball and Love)
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[Originating in the Committee on Energy, Industry and Mining;
reported April 2, 1997.]
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A BILL to amend and reenact sections nine, eleven, twelve,
thirteen and twenty-four, article one, chapter twenty-two-a
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating to mine safety
enforcement; increasing minimum salary of mine safety
instructors, mine electrical inspectors, district mine
inspectors, inspectors-at-large, assistant inspectors-at- large, surface mine inspectors and mine foreman examiners;
salary set by director; designated working hours devoted
solely to duties of office; compensatory time; mileage
reimbursement; and travel expenses.
Be it enacted by the Legislature of West Virginia:
That sections nine, eleven, twelve, thirteen and twenty- four, article one, chapter twenty-two-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, all to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; ENFORCEMENT.
§22A-1-9. Mine safety instructors; qualifications; employment;
compensation; tenure; oath; bond.
The office shall employ eleven or more mine safety
instructors. To be eligible for employment as a mine safety
instructor, the applicant shall be: (1) A citizen resident of
West Virginia, in good health, not less than twenty-five years of
age, and of good character, reputation and temperate habits; and
(2) a person who has had at least five years' experience in first
aid and mine rescue work and who has had practical experience
with dangerous gases found in coal mines, and who has a practical
knowledge of mines, mining methods, mine ventilation, sound
safety practices and applicable mining laws.
In order to qualify for appointment as a mine safety
instructor, an eligible applicant shall submit to a written and
oral examination, given by the mine inspectors' examining board.
The examination shall relate to the duties to be performed by a
safety instructor and may, subject to the approval of the mine
inspectors' examining board, be prepared by the director.
If the board finds after investigation and examination that
the applicant (1) is eligible for appointment, and (2) has passed
all oral and written examinations with a grade of at least eighty
percent, the board shall add such the applicant's name and grade
to a register of qualified eligible candidates and certify its
action to the director. The director may then appoint one of the
candidates from the three having the highest grades.
The salary for a mine safety instructor shall be not less
than twenty-one thousand six hundred seventy-two dollars per
year, and shall be fixed by the director, who shall take into
consideration ability, performance of duty and experience.
Effective on the first day of July, one thousand nine hundred
ninety-seven, the salary of a mine safety instructor shall be set
by the director at not less than thirty-five thousand four
hundred forty-four dollars per year, and effective on the first
day of July, one thousand nine hundred and ninety-eight, the
salary of a mine safety instructor shall be set by the director
at not less than thirty-eight thousand five hundred twelve
dollars per year with graduations of five hundred dollars
annually thereafter. In setting the salary, the director shall
take into consideration ability, performance of duty and
experience. Such Each mine safety instructor shall devote all
of his or her time designated working hours to the duties of the
office. No reimbursement for traveling expenses shall may be made except on an itemized accounting for such the expenses submitted
by the instructor, who shall verify upon oath that such expenses
were actually incurred in the discharge of his or her official
duties. A mine safety instructor shall be reimbursed for mileage
actually traveled in a privately owned vehicle while in the
discharge of official duties, at a rate set by the director not
less than the rate established by the West Virginia office of
travel management.
Except as expressly provided in this section to the
contrary, all provisions of this article relating to the
eligibility, qualification, appointment, tenure and removal of
mine inspectors are applicable to mine safety instructors.
§22A-1-11. Employment of electrical inspectors; qualifications;
salary and expenses; tenure; oath; bond.
The office shall employ five or more electrical inspectors.
To be eligible for employment as an electrical inspector, the
applicant shall be: (1) A citizen and resident of West Virginia,
in good health, not less than twenty-five years of age, and of
good character, reputation and of temperate habits; and (2) a
person who has had seven years' practical electrical experience
in coal mines, or a degree in electrical engineering from an
accredited electrical engineering school and one year's years'
practical experience in underground coal mining.
In order to qualify for appointment as a mine electrical inspector, an eligible applicant shall submit to a written and
oral examination given by the mine inspectors' examining board.
The examination shall relate to the duties to be performed by an
electrical inspector and may, subject to the approval of the mine
inspectors' examining board, be prepared by the director. If the
board finds after investigation and examination that the
applicant (1) is eligible for appointment and (2) has passed all
oral and written examinations with a grade of at least ninety
percent, the board shall add such the applicant's name and grade
to a register of qualified eligible candidates and certify its
action to the director. The director may then appoint one of the
candidates from the three having the highest grade.
The salary of a mine electrical inspector shall be not less
than thirty thousand four hundred eighty dollars per year, and
shall be fixed by the director, who shall take into consideration
ability, performance of duty and experience. Effective on the
first day of July, one thousand nine hundred ninety-seven, the
salary of a mine electrical inspector shall be set by the
director at not less than forty-one thousand nine hundred forty
dollars per year and effective on the first day of July, one
thousand nine hundred ninety-eight, the salary of a mine
electrical inspector shall be set by the director at not less
than forty-six thousand three hundred twenty dollars per year
with graduations of five hundred dollars annually thereafter. In setting the salary, the director shall take into consideration
ability, performance of duty and experience. Each mine
electrical inspector shall devote all of his or her designated
working hours to the duties of the office. No reimbursement for
traveling expenses shall may be made except on an itemized
accounting for such the expense submitted by the mine electrical
inspector, who shall verify upon oath that such the expenses were
actually incurred in the discharge of his or her official duties.
A mine electrical inspector shall be reimbursed for each mile
actually traveled in a privately owned vehicle while in the
discharge of official duties, at a rate set by the director not
less than the rate established by the West Virginia office of
travel management.
Mine electrical inspectors, before entering upon the
discharge of their duties, shall take and subscribe to the oath
and shall execute a bond in the same penal sum, with surety
approved by the director, all as is required by this article in
the case of mine inspectors.
Except as expressly provided in this section to the
contrary, all provisions of this article relating to the
eligibility, qualifications, appointment, tenure and removal of
mine inspectors are applicable to mine electrical inspectors.
§22A-1-12. Eligibility for appointment as mine inspector;
qualifications; salary and expenses; removal.
(a) No person is eligible for appointment as a mine
inspector unless, at the time of his or her probationary
appointment, he or she: (1) Is a citizen resident of West
Virginia, in good health, not less than twenty-four years of age,
and of good character, reputation and temperate habits; (2) has
had at least six years' practical experience in coal mines, at
least three years of which, immediately preceding his or her
original appointment, shall have been in mines of this state:
Provided, That graduation from any accredited college of mining
engineering shall be considered the equivalent of two years'
practical experience; (3) has had practical experience with
dangerous gases found in coal mines; and (4) has a good
theoretical and practical knowledge of mines, mining methods,
mine ventilation, sound safety practices and applicable mining
laws.
(b) In order to qualify for appointment as a mine inspector,
an eligible applicant shall submit to a written and oral
examination by the mine inspectors' examining board and furnish
such the evidence of good health, character and other facts
establishing eligibility as the board may require. If the board
finds after investigation and examination that an applicant: (1)
Is eligible for appointment; and (2) has passed all written and
oral examinations, with a grade of at least eighty percent, the
board shall add such the applicant's name and grade to the register of qualified eligible candidates and certify its action
to the director. The director may then appoint one of the
candidates from the three having the highest grades. No
candidate's name shall remain in the register for more than three
years without requalifying.
(c) Salaries of district inspectors shall not be less than
twenty-eight thousand fifty-six dollars per year; assistant
inspector-at-large, not less than thirty thousand one hundred
eight dollars per year; inspectors-at-large, not less than
thirty-one thousand five hundred seventy-two dollars per year,
and they shall receive mileage at the rate of not less than
twenty cents for each mile actually traveled in the discharge of
their official duties in a privately owned vehicle. Effective on
the first day of July, one thousand nine hundred ninety-seven,
the salary of a district inspector is thirty-nine thousand eight
hundred ninety-six dollars per year; the salary of an assistant
inspector-at-large is forty-three thousand twenty-two dollars per
year; and the salary of an inspector-at-large is forty-four
thousand five hundred four dollars per year. Effective on the
first day of July, one thousand nine hundred ninety-eight, the
salary of a district inspector shall be set at not less than
forty-four thousand eight hundred ninety-six dollars per year
with graduations of five hundred dollars annually thereafter; the
salary of an assistant inspector-at-large shall be set at not less than forty-six thousand nine hundred forty-eight dollars per
year with graduations of five hundred dollars annually
thereafter; and the salary of an inspector-at-large shall be set
at not less than forty-eight thousand four hundred twelve dollars
per year with graduations of five hundred dollars annually
thereafter. Within the limits provided by law, the salary of
each district inspector, assistant inspector-at-large, or and
inspector-at-large shall be fixed set by the director, subject to
the approval of the mine inspectors' examining board. In fixing
setting the salaries of mine inspectors, the director shall
consider ability, performance of duty and experience. Each mine
inspector shall devote all of his or her designated working hours
to the duties of the office. No reimbursement for traveling
expenses shall may be made except on an itemized account
accounting of such the expenses submitted by the inspector, who
shall verify upon oath, that such the expenses were actually
incurred in the discharge of his or her official duties. A mine
inspector shall be reimbursed for each mile actually traveled in
a privately owned vehicle while in the discharge of official
duties, at a rate set by the director not less than the rate
established by the West Virginia office of travel management.
Every mine inspector or mine safety instructor shall be afforded
compensatory time or compensation of at least his or her regular
rate for all time in excess of forty-two hours per week.
(d) 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 his or her employment as a mine
inspector, upon successfully passing a physical examination,
may be reinstated as a mine inspector within two years after
terminating his or her employment with the approval of the
examining board and the director.
(e) A mine inspector, after having received a permanent
appointment, shall be removed from office only for physical or
mental impairment, incompetency, neglect of duty, drunkenness,
malfeasance in office or other good cause.
Proceedings for the removal of a mine inspector may be
initiated by the director whenever there is reasonable cause to
believe that adequate cause exists, warranting removal. Such a
The proceeding shall be initiated by a verified petition, filed
with the 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 the state, may petition
the director for the removal of a mine inspector. If such the
petition is verified by at least one of the petitioners, based on
actual knowledge of the affiant and alleged facts, which, if
true, warrant the removal of the inspector, the director shall
cause an investigation of the facts to be made. If, after such 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.
On receipt of a petition by the director seeking removal of
a mine inspector, the board shall promptly notify the inspector
to appear before it at a time and place designated in said 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.
At the time and place designated in said 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 any such hearing. No continuance shall be granted except
for good cause shown. The chair of the board and the director
have power to administer oaths and subpoena witnesses.
Any mine inspector who willfully refuses or fails to appear
before the board, or having appeared, refuses to answer under
oath any relevant question on the ground that the testimony or
answer might incriminate him or her or refuses to waive immunity
from prosecution on account of any relevant matter about which
the inspector may be asked to testify at any such such hearing before the board, shall forfeit his or her position.
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. Eligibility for appointment as surface mine
inspector; qualifications; salary and expenses;
removal.
In order to qualify for an appointment as a surface mine
inspector, under the provisions of this article, an eligible
applicant shall have had at least five years' practical
experience in surface mines, at least one year of which,
immediately preceding his or her original appointment, shall have
been in surface mines in this state, and submit to a written and
oral examination given by the mine inspectors' examining board.
The examination shall relate to the duties to be performed by a
surface mine inspector and may, subject to the approval of the
mine inspectors' examining board, be prepared by the director.
If the board finds after investigation and examination that
the applicant: (1) Is eligible for appointment; and (2) has
passed all oral and written examinations with a grade of at least
eighty percent, the board shall add such the applicant's name and
grade to a register of qualified eligible candidates and certify
its action to the director. The director may then appoint one of
the candidates from the three having the highest grades.
All such appointees shall be citizens residents of West
Virginia, in good health, not less than twenty-five years of age,
of good character and reputation and temperate in habits. No
person is eligible for permanent appointment as a surface mine
inspector until he or she has served in a probationary status for
a period of one year to the satisfaction of the director.
In the performance of duties devolving upon surface mine
inspectors, they shall be responsible to the director.
The salary of the surface mine inspector supervisor shall be
not less than twenty-four thousand four hundred eighty dollars
per year. Salaries of surface mine inspectors shall be not less
than twenty-one thousand seven hundred eighty dollars per year.
In the discharge of their official duties in privately owned
vehicles, surface mine inspectors and the surface mine inspector
supervisor shall receive mileage at the rate of not less than
twenty cents per mile. Effective on the first day of July, one
thousand nine hundred ninety-seven, the salary of a surface mine
inspector is thirty-five thousand nine hundred sixty-eight
dollars per year. Effective on the first day of July, one
thousand nine hundred ninety-eight, the salary of a surface mine
inspector shall be set by the director at not less than
thirty-nine thousand six hundred twenty dollars per year with
graduations of five hundred dollars annually thereafter. In
setting the salary, the director shall take into consideration ability, performance of duty and experience. Each surface mine
inspector shall devote all of his or her designated working hours
to the duties of the office. No reimbursement for traveling
expenses may be made except on an itemized accounting of the
expenses submitted by the surface mine inspector, who shall
verify upon oath that the expenses were actually incurred in the
discharge of his or her official duties. A surface mine inspector
shall be reimbursed for mileage actually traveled in a privately
owned vehicle while in the discharge of official duties, at a
rate set by the director not less than the rate established by
the West Virginia office of travel management.
A surface mine inspector, after having received a permanent
appointment, shall be removed from office only for physical or
mental impairment, incompetency, neglect of duty, drunkenness,
malfeasance in office, or other good cause. Except as expressly
provided in this section to the contrary, all provisions of this
article relating to the eligibility, qualifications, appointment,
tenure and removal of mine inspectors are applicable to surface
mine inspectors.
§22A-1-24. Mine foreman examiner for mine foremen-fire bosses
and assistant mine foremen-fire bosses; salary and
expenses.
The director shall appoint a mine foreman examiner to
examine and certify mine foremen-fire bosses, assistant mine foremen-fire bosses and mine examiners or fire bosses. Such mine
foremen examiners shall be paid a minimum salary of thirty-one
thousand thirty-two dollars per year. Effective on the first day
of July, one thousand nine hundred ninety-eight, the salary of
a mine foreman examiner shall be set by the director at not less
than thirty-eight thousand five hundred twelve dollars per year
with graduations of five hundred dollars annually thereafter. In
setting the salary, the director shall take into consideration
ability, performance of duty and experience. Each mine foreman
examiner shall devote all of his or her designated working hours
to the duties of the office. No reimbursement for traveling
expenses may be made except on an itemized accounting of the
expense expenses submitted by the mine foreman examiner. A mine
foreman examiner shall be reimbursed for each mile actually
traveled in a privately owned vehicle while in the discharge of
official duties, at a rate set by the director not less than the
rate established by the West Virginia office of travel
management.
NOTE: The purpose of this bill is to increase the minimum
salary levels of professional, exempt employees working in the
West Virginia Office of Miners' Health, Safety and Training to
bring salary levels more closely in line with their counterparts
in the federal government and surrounding states.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.