WEST
virginia legislature
2017
regular session
By
[
to the Committee on Energy then the Judiciary.
A BILL to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §22C-13-1,
relating to establishing the Legislative Oversight Commission on Energy Workers’
Safety; directing the commission to study workers’ safety; and establishing
reporting requirements for boards and agencies that regulate and otherwise
oversee workers’ safety.
Be it enacted by the
Legislature of West Virginia:
That
the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated §22C-13-1, to read as follows:
ARTICLE 13. Energy Workers’ Safety.
§22C-13-1. Legislative Oversight Commission on Energy
Workers’ Safety.
(a) The Legislature
finds:
(1) That coal and
natural gas extraction industries have specialized hazards unique to those
industries;
(2) The workers in these
industries are the most critical component to economic success of those industries;
(3) That scientific and
technology advancements in these industries are perpetually evolving, requiring
constant review and modification of safety requirements to assure worker
safety;
(4) As many citizens of
West Virginia work in these occupations, the Legislature has a moral imperative
to do everything possible to develop an appropriate framework that provides
them with a safe and healthy work environment; and
(5) It must be ever
diligent in monitoring and implementing reforms to assure the workers in these
industries are working in the safest and healthy environment possible.
(b) The Legislative
Oversight Commission on Energy Workers’ Safety is created. The purpose of this
commission is to require state agencies responsible for worker safety to report
quarterly or as otherwise directed by a majority of the commission on accident
investigations and newly identified safety issues and their actions relating to
the safety issues. The commission shall
also study and initiate proposals intended to enhance worker safety, including
any matters the commission considers relevant to the promotion and advancement
of energy workers’ safety.
(c) The President of the
Senate and the Speaker of the House of Delegates shall each designate five
members of their respective houses, at least one of whom shall be a member of
the minority party, to serve on the commission.
The expenses of the commission incurred in the employment of legal,
technical, investigative, clerical, stenographic, advisory and other personnel,
are required to be approved by the Joint Committee on Government and Finance
and paid from legislative appropriations.
(d)(1) The Board of Coal
Miners’ Health and Safety shall provide, at a minimum, quarterly reports on
injuries, fatalities and any initiatives in the coal industry to revise and
improve state safety requirements to the commission. The board shall designate
a member representing the viewpoint of coal mine operators and a member
representing the viewpoint of working miners in this state to represent the
board before the commission.
(2) The Board of Miner
Training, Education and Certification, Office of Miners' Health, Safety and
Training and the Mine Safety Technology Task Force shall report to the
commission no less than annually and as otherwise directed by vote of the
commission.
(3) The Department of
Environmental Protection's Office of Oil and Gas shall report to the commission
quarterly. The reports shall provide, at a minimum, information on injuries,
fatalities and any initiatives to revise and improve state safety requirements
for the natural gas extraction industry.
(e) The commission shall
study, review and examine the boards and agencies activities, including, but
not limited to, all rules, policies or other proposals. The commission shall
review and make recommendations to the Legislature regarding any plan, policy
or rule proposed by any of the boards or agencies, and any recommendations
relating to enacting laws or rules that will enhance workers’ safety.
(f) The commission shall
undertake a study and periodically report to the Joint Committee on Government
and Finance, its recommendations regarding the need for additional safety regulations,
inspections and enforcement mechanisms for energy workers. It shall study whether the existing safety
regulatory scheme for the natural gas industry, including state and federal
regulations and enforcement mechanisms, are adequate to protect the workers in
the state's natural gas extraction industry.
NOTE: The purpose of this bill is to establish
a Legislative Oversight Commission on Energy Workers’ Safety to:
(1) Direct certain state agencies and boards to
report regularly to the commission; to direct the commission to study worker
safety in the mining and gas extraction industries;
(2) Provide a mechanism for the Legislature to
be kept informed and to study and identify issues and solutions for workers’
safety; and
(3) Require the commission to study and report
on whether a need exists for expansion of safety regulations within the gas
extraction industry.
Strike-throughs indicate language that would be
stricken from a heading or the present law and underscoring indicates new
language that would be added.