Committee Substitute
House Bill 4491 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 4491
(By Delegates Frederick, Caputo, Kuhn,
Varner, Pethtel, Stemple and Kominar)
(Originating in the Committee on the Judiciary)
[March 2, 2004]
A BILL 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 law this code to the contrary, mine inspectors shall be selected, serve and be removed
as provided in this article. provided
The director shall divide the state into not more than
forty-five mining districts and not more than five mining divisions
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 to each division and one assistant
inspector-at-large to each region. The director shall may
designate the places of abode of inspectors at points convenient to
the mines of their respective districts, and, in the case of
inspectors inspectors-at-large and assistant inspectors-at-large,
their respective divisions regions.
Except as in the next preceding paragraph provided, All mine
inspectors appointed after the mine inspectors' examining board has
certified to the director an adequate register of qualified
eligible candidates, in accordance with section eleven of this
article so long as such 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, if it finds
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. Such 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 automatically stricken 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 only to dismissal only for cause in accordance with
the applicable provisions of section twelve of this article. No
mine inspector, while in office, shall 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, and shall execute
a bond in the penalty of two thousand dollars, with security to be
approved by the director, conditioned upon the faithful discharge
of his or her duties, a certificate of which oath and bond shall be
filed in the office of the secretary of state.
The district 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 article and articles two, four and eight of
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 eleven or more 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-five twenty-four years of age, and of
good character and reputation, and of temperate habits; and (2) a
person who has had at least five years' years of practical
experience in first aid and mine rescue work 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 and 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 and
who has been a supervisor on a working section for at least three
years; 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 a written, and
oral and practical examination given 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 examination examinations shall relate to
the duties to be performed by a mine safety instructor and, may,
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 the an applicant: (A) Is eligible for appointment; and (B) has passed all oral and written examinations each required
examination with a grade of at least eighty seventy-five percent or
an overall combined average score of eighty percent, the board
shall add such the applicant's name and grade grades to a the
register of qualified eligible candidates and promptly certify its
action in writing to the director. The director may shall then
appoint one of the candidates from the three having the highest
grades.
(d) The salary for a mine safety instructor shall be not less
than twenty-one thousand six hundred seventy-two dollars per year,
and 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. Such instructor Mine
safety instructors shall devote all of his or her time to the
duties of the office. No reimbursement for traveling expenses
shall be made except on an itemized accounting for such 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.
(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 five or more 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 and resident of West
Virginia, in good health, not less than twenty-five twenty-four
years of age, and of good character and reputation, and of
temperate habits; and (2) a person who has had seven years' 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
one year's 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 a mine an
electrical inspector, an eligible applicant shall submit to a
written, and oral and practical examination given 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 examination 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 the an applicant: (A) Is eligible for appointment; and (B)
has passed all oral and written the required examinations with a an
average grade of at least ninety percent, the board shall add such
the applicant's name and grade grades to a the register of
qualified eligible candidates and promptly certify its action in
writing to the director. The director may shall then appoint one
of the candidates from the three having the highest grade grades.
(d) The salary of a mine electrical inspector shall be not
less than thirty thousand four hundred eighty dollars per year, and
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. No reimbursement for
traveling expenses shall be made except on an itemized accounting
for such expense submitted by the electrical inspector, who shall
verify upon oath that such expenses were actually incurred in the
discharge of his or her official duties. Electrical inspectors
shall devote all of their time to the duties of the office.
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.
(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.
(a) (b) No person is To be eligible for appointment employment
as a mine inspector unless, at the time of his or her probationary
appointment, he or she the applicant shall be: (1) is A citizen of
West Virginia, in good health, not less than twenty-four years of
age, and of good character and reputation and of temperate habits;
(2) a person who has had at least six years' five years of
practical experience in coal mines, at least three two 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 may be
considered the equivalent of two years' 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.
(b) (c) In order to qualify for appointment as a an
underground mine inspector, an eligible applicant shall submit to
a written, and oral and practical examination examinations
administered by the mine inspectors' examining board and furnish
such 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 all
written and oral examinations each required examination, with a
grade of at least eighty seventy-five percent or an overall
combined average score of eighty percent, the board shall add such the applicant's name and grade 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. No
candidate's name shall remain in the register for more than three
years without requalifying.
(c) (d) 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. Within the limits provided by law, the
salary of each inspector shall be fixed by the director, subject to
the approval of the mine inspectors' examining board. In fixing
salaries of mine inspectors, the director shall consider ability,
performance of duty and experience. No reimbursement for traveling
expenses shall be made except on an itemized account of such
expenses submitted by the inspector, who shall verify upon oath,
that such expenses were actually incurred in the discharge of his
or her official duties. 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 Every inspector shall be afforded
compensatory time or compensation of at least his or her regular
rate for all time in excess of forty-two forty 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)(1) A An underground mine inspector, after having received
a permanent appointment, shall may be removed from office only for
physical or mental impairment, incompetency, neglect of duty, drunkenness public intoxication, malfeasance in office or other
similarly good cause.
(2) Proceedings for the removal of a an underground 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 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 the this state, may petition the
director for the removal of a an underground mine inspector. If
such the petition is verified by at least one of the petitioners,
based on actual knowledge of the affiant and 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 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.
(3) On receipt of a petition by the director seeking removal
of a an underground 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.
(4) 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 the hearing. No continuance shall 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) Any If any mine inspector who 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 ground basis that the testimony or answer might
incriminate him or her or refuses to waive immunity from
prosecution on account because of any relevant matter about which
the inspector may be asked to testify, at any such hearing before
the board 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 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.