ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4021
(By Mr.
Speaker, Mr. Thompson, and Delegate Armstead)
[By Request of the Executive]
[Passed March 8, 2008; in effect April 1, 2008.]
AN ACT to amend and reenact §22A-2-6 of the Code of West Virginia,
1931, as amended; to amend and reenact §22A-2-55 of said code;
and to amend and reenact §61-3-12 and §61-3-29 of said code,
all relating generally to coal mine health and safety;
clarifying currency of rules and policies relating to
transportation of miners and supplies; directing the West
Virginia Mine Safety Task Force study possible improvements in
transportation of miners and supplies in underground coal
mines; eliminating requirement that strobe lights be affixed
to caches of self-contained self-rescue devices; expanding
criminal penalties for theft of certain coal mine equipment;
establishing criminal penalties for illegal entry into
underground coal mines; creating a criminal penalty for damage
or destruction of coal mine equipment and property; and creating a criminal penalty for damage or destruction of coal
mine equipment and property when a serious bodily injury
results.
Be it enacted by the Legislature of West Virginia:
That §22A-2-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; §22A-2-55 of said code be amended and
reenacted; and that §61-3-12 and §61-3-29 of said code be amended
and reenacted, all to read as follows:
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
ARTICLE 2. UNDERGROUND MINES.
§22A-2-6. Movement of mining equipment.
(a) Mining equipment being transported or trammed underground,
other than ordinary sectional movements, shall be transported or
trammed by qualified personnel under the supervision of a certified
foreman. When equipment is being transported or trammed, no person
shall be permitted to be inby the equipment in the ventilating
split that is passing over such equipment. To avoid accidental
contact with power lines, face equipment shall be insulated and
assemblies removed, if necessary, so as to provide clearance.
(b) The task force shall, upon the effective date of the
amendments to this section made during the two-thousand eight
Regular Session of the West Virginia Legislature, undertake a study
of methods and technologies available related to transporting
miners, mining equipment and supplies in underground mines.
(c) Upon completion of the study directed by the provisions of
subsection (b) of this section, the task force may present
recommendations to the West Virginia Board of Coal Mine Health and
Safety designed to improve the safety and efficiency of underground
mines transportation systems. The board may upon the consideration
of any such task force recommendations, promulgate rules governing
the movement of mining equipment within coal mines in the State of
West Virginia.
(d) The current legislative rule 36CSR4, effective the
nineteenth day of July, one thousand nine hundred seventy-nine,
relating to "Rules and Regulations Governing the Movement of Mining
Equipment within Coal Mines in the State of West Virginia", is
hereby limited and qualified as to its force and effect and shall
only be read to be effective to the extent provided as follows:
To the extent that the rule permits the movement of major
pieces of heavy mining equipment with men inby the equipment in the
ventilating split that is passing over such equipment, to-wit,
Section 4: applying the prohibition only to "transporting" and only
"where energized D.C. powered trolley or feeder wires are present";
Sections 5.1, 9.1, 10.1, 12.1 and 13.1 to the extent that they
involve transporting or tramming such equipment with men inby;
Sections 6.1 and 6.2 only to the extent that such equipment is not
designed by the manufacturer to operate on track; Section 7.1 only
to the extent that such equipment exceeds the length or width of the mine car; and Section 11.1 only to the extent that such
equipment in said Section exceeds the length, width or cargo
carrying capacity of the unit being used to transport such
equipment. Construction work and rehabilitation work are not
prohibited except to the extent that such would involve the
movement of major pieces of heavy mining equipment into the precise
area where such work is to be performed, with men inby.
(e) The provisions of subsection (d) of this section, as
enforced upon the first day of February, two thousand eight, shall
remain in full force and effect until modified by any rules
promulgated pursuant to subsection (c) of this section.
§22A-2-55. Protective equipment and clothing.
(a) Welders and helpers shall use proper shields or goggles to
protect their eyes. All employees shall have approved goggles or
shields and use the same where there is a hazard from flying
particles or other eye hazards.
(b) Employees engaged in haulage operations and all other
persons employed around moving equipment on the surface and
underground shall wear snug-fitting clothing.
(c) Protective gloves shall be worn when material which may
injure hands is handled, but gloves with gauntleted cuffs shall not
be worn around moving equipment.
(d) Safety hats and safety-toed shoes shall be worn by all
persons while in or around a mine
: Provided, That metatarsal guards are not required to be worn by persons when working in those
areas of underground mine workings which average less than
forty-eight inches in height as measured from the floor to the roof
of the underground mine workings.
(e) Approved eye protection shall be worn by all persons while
being transported in open-type man trips.
(f)(1) A self-contained self-rescue device approved by the
director shall be worn by each person underground or kept within
his immediate reach and the device shall be provided by the
operator. The self-contained self-rescue device shall be adequate
to protect a miner for one hour or longer. Each operator shall
train each miner in the use of such device and refresher training
courses for all underground employees shall be held during each
calendar year.
(2) In addition to the requirements of subdivision (1) of this
subsection, the operator shall also provide caches of additional
self-contained self-rescue devices throughout the mine in
accordance with a plan approved by the director. Each additional
self-contained self-rescue device shall be adequate to protect a
miner for one hour or longer. The total number of additional
self-contained self-rescue devices, the total number of storage
caches and the placement of each cache throughout the mine shall be
established by rule pursuant to subsection (i) of this section. A
luminescent sign with the words "SELF-CONTAINED SELF-RESCUER" or "SELF-CONTAINED SELF-RESCUERS" shall be conspicuously posted at
each cache and luminescent direction signs shall be posted leading
to each cache. Lifeline cords or other similar device, with
reflective material at twenty-five foot intervals, shall be
attached to each cache from the last open crosscut to the surface.
The operator shall conduct weekly inspections of each cache and
each lifeline cord or other similar device to ensure operability.
(3) Any person that, without the authorization of the operator
or the director, knowingly removes or attempts to remove any
self-contained self-rescue device or lifeline cord from the mine or
mine site with the intent to permanently deprive the operator of
the device or lifeline cord or knowingly tampers with or attempts
to tamper with such device or lifeline cord shall be guilty of a
felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility for not less than one year nor more than ten
years or fined not less than ten thousand dollars nor more than one
hundred thousand dollars, or both.
(g)(1) A wireless emergency communication device approved by
the director and provided by the operator shall be worn by each
person underground. The wireless emergency communication device
shall, at a minimum, be capable of receiving emergency
communications from the surface at any location throughout the
mine. Each operator shall train each miner in the use of the
device and provide refresher training courses for all underground employees during each calendar year. The operator shall install in
or around the mine any and all equipment necessary to transmit
emergency communications from the surface to each wireless
emergency communication device at any location throughout the mine.
(2) Any person that, without the authorization of the operator
or the director, knowingly removes or attempts to remove any
wireless emergency communication device or related equipment, from
the mine or mine site with the intent to permanently deprive the
operator of the device or equipment or knowingly tampers with or
attempts to tamper with the device or equipment shall be guilty of
a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for not less than one year nor more
than ten years or fined not less than ten thousand dollars nor more
than one hundred thousand dollars, or both.
(h)(1) A wireless tracking device approved by the director and
provided by the operator shall be worn by each person underground.
In the event of an accident or other emergency, the tracking device
shall, at a minimum, be capable of providing real-time monitoring
of the physical location of each person underground
: Provided,
That no person shall discharge or discriminate against any miner
based on information gathered by a wireless tracking device during
nonemergency monitoring. Each operator shall train each miner in
the use of the device and provide refresher training courses for
all underground employees during each calendar year. The operator shall install in or around the mine all equipment necessary to
provide real-time emergency monitoring of the physical location of
each person underground.
(2) Any person that, without the authorization of the operator
or the director, knowingly removes or attempts to remove any
wireless tracking device or related equipment, approved by the
director, from a mine or mine site with the intent to permanently
deprive the operator of the device or equipment or knowingly
tampers with or attempts to tamper with the device or equipment
shall be guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for not less than one
year nor more than ten years or fined not less than ten thousand
dollars nor more than one hundred thousand dollars, or both.
(i) The director may promulgate emergency and legislative
rules to implement and enforce this section pursuant to the
provisions of article three, chapter twenty-nine-a of this code.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-12. Entry of building other than dwelling; entry of
railroad, traction or motorcar, steamboat or other
vessel; penalties; counts in indictment.
If any person shall, at any time, break and enter, or shall
enter without breaking, any office, shop, underground coal mine,
storehouse, warehouse, banking house, or any house or building, other than a dwelling house or outhouse adjoining thereto or
occupied therewith, or any railroad or traction car, propelled by
steam, electricity or otherwise, or any steamboat or other boat or
vessel, within the jurisdiction of any county in this state, with
intent to commit a felony or any larceny, he or she shall be deemed
guilty of a felony, and, upon conviction, shall be confined in a
state correctional facility not less than one nor more than ten
years. And if any person shall, at any time, break and enter, or
shall enter without breaking, any automobile, motorcar or bus, with
like intent, within the jurisdiction of any county in this state,
he shall be guilty of a misdemeanor, and, upon conviction, shall be
confined in jail not less than two nor more than twelve months and
be fined not exceeding one hundred dollars.
An indictment for burglary may contain one or more counts for
breaking and entering, or for entering without breaking, the house
or building mentioned in the count for burglary under the
provisions of this and the preceding section.
§61-3-29. Damage or destruction of railroad or public utility
company property, or real or personal property used
for producing, generating, transmitting,
distributing, treating or collecting electricity,
natural gas, coal, water, wastewater, stormwater,
telecommunications or cable service; penalties;
restitution.
(a) Any person who knowingly and willfully damages or destroys
any real or personal property owned by a railroad company, or
public utility company, or any real or personal property used for
producing, generating, transmitting, distributing, treating or
collecting electricity, natural gas, coal, water, wastewater,
stormwater, telecommunications or cable service, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than two thousand dollars, or confined in jail not more than one
year, or both.
(b) Any person who knowingly and willfully: (1) damages or
destroys any real or personal property owned by a railroad company,
or public utility company, or any real or personal property used
for producing, generating, transmitting, distributing, treating or
collecting electricity, natural gas, coal, water, wastewater,
stormwater, telecommunications or cable service; and, (2) causes
serious bodily injury to another is guilty of a felony and, upon
conviction thereof, shall be fined not less than five thousand
dollars nor more than fifty thousand dollars, or confined in a
state correctional facility not less than one nor more than five
years, or both.
(c) Nothing in this section may be construed to limit or
restrict the ability of an entity referred to in subsection (a) or
(b) of this section or a property owner or other person who has
been damaged or injured as a result of a violation of this section from seeking recovery for damages arising from violation of this
section.