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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4491
(By Delegates Frederick, Caputo, Kuhn,
Varner, Pethtel, Stemple and Kominar)
[Passed March 10, 2004; in effect ninety days from passage.]
AN ACT 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 and instructors
employed by the office of miners' health, safety and training;
regions and districts; and qualifications, examinations,
appointments, salaries, expense reimbursements, tenure and
removal of mine safety instructors, electrical inspectors and
mine inspectors.
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 shall divide the state into a sufficient number
of regions, 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. 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.
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 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.
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 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. Mine safety instructors; 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 thirty-seven thousand four hundred dollars, 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.
§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 determines to be reasonably necessary in
fully and effectively carrying out the applicable provisions of
this chapter.
(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 years of age, of good character
and reputation, and of temperate habits; and (2) a person who has
had five 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 required examinations with an average grade of at least
ninety 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) 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 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 underground 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.
(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 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 prior to actually performing such
duties.
(c) In order to qualify for appointment as an underground 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 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; and (2) 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) Underground mine inspectors shall be paid an annual
salary of not less than thirty-eight thousand one hundred sixty
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. 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 for all time in excess of
forty hours per week.
(e)(1) An underground 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 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 mine inspector. If the petition is verified by at
least one of the petitioners, based on actual knowledge of the
affiant 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 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 underground 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.
(d) 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.
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 of
underground mine inspectors, as well as those provisions relating
to compensatory time and reimbursement for necessary expenses, are
applicable to surface mine inspectors.