H. B. 2264
(By Delegate Caputo)
[Introduced January 13, 2010; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then Government
Organization.]
A BILL to amend and reenact §22A-1-9 of the Code of West Virginia,
1931, as amended, relating to the office of Miners' Health
Safety and Training; requiring the employment of diesel
inspectors.
Be it enacted by the Legislature of West Virginia:
That §22A-1-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; ENFORCEMENT.
§
22A-1-9. Mine safety instructors; diesel inspectors; eligibility;
qualifications; examinations; salary; provisions
relating to underground mine inspectors applicable to
mine safety instructors.
(a) The office shall employ a sufficient number of mine safety
instructors 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 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; or a
person who has had at least three years 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 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 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 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 $37,400, which shall be fixed by the director, who
shall take into consideration ability, performance of duty and
experience. 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 of
underground mine inspectors, as well as those provisions relating
to compensatory time and reimbursement for necessary expenses, are
applicable to mine safety instructors.
(f) The office shall employ a new diesel inspector for each
regional office and shall provide training in accordance with 196
CSR 1 §§2, 3, 5, 26 and 27.
(g) The diesel inspector's primary duties shall include:
(1) Perform quarterly inspection of all diesel equipment in
the region they are assigned to;
(2) Verify that all registered and numbered diesel equipment
at mine sites matches the inventory records for that mine site;
(3) Any other duties the director may assign, after the
inspector has completed their primary duties.
(h) The starting salary for the diesel inspectors shall be
$51,206 annually.
NOTE: The purpose of this bill is to require the Office of
Miners Health and Safety to employ qualified diesel inspectors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.