Senate Bill No. 527
(By Senators Prezioso and Oliverio)
____________
[Introduced February 13, 2004; referred to the Committee on
Energy, Industry and Mining; and then to the Committee on
Finance.]
____________
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; districts and
regions; employment; tenure; oath; bond; mine safety
instructors; qualifications; employment; compensation;
employment of electrical inspectors; qualifications; salary
and expenses; eligibility for appointment as an underground
mine inspector; qualifications; salary and expenses; removal;
eligibility for appointment as surface mine inspector;
qualifications; salary and expenses; and removal.
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; districts and divisions; employment;
tenure; oath; bond.
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
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
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 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; qualifications; employment;
compensation; tenure; oath; bond.
(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 practical
knowledge of mines, mining methods, mine ventilation, sound safety
practices and applicable mining laws
and rules; and (4) a person
who possess a West Virginia foremen-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 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 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.
(c) 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.
If the board finds after investigation and examination that
the an applicant: (1) Is eligible for appointment; and (2) has
passed
all each oral and written examinations 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 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 four 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; qualifications;
salary and expenses; tenure; oath; bond.
(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 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) 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 examinations given
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. If the board finds after
investigation and examination that
the an applicant: (1) Is
eligible for appointment; and (2) 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 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 as mine inspector;
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
the 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.
(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 may 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 designated representative thereof, 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)
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.
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 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.
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.
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 be granted except for good cause shown. The
chair chairman of the board and the
director have power to administer oaths and subpoena witnesses.
Any If any mine inspector
who against whom such 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 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.
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; qualifications;
examinations; salary; provisions relating to
underground mine inspectors applicable to
surface-mine inspectors.
In order to qualify for an appointment as a surface-mine
inspector, under the provisions of this article, an eligible
applicant shall have had at least five years' practical experience
in surface mines, at least one year of which, immediately preceding
his or her original appointment, shall have been in surface mines
in this state, and submit to a written and oral examination given
by the mine inspectors' examining board. The examination shall relate to the duties to be performed by a surface mine inspector
and may, subject to the approval of the mine inspectors' examining
board, be prepared by the director.
If the board finds after investigation and examination that
the applicant (1) is eligible for appointment, and (2) has passed
all oral and written examinations with a grade of at least eighty
percent, the board shall add such applicant's name and grade to a
register of qualified eligible candidates and certify its action to
the director. The director may then appoint one of the candidates
from the three having the highest grades.
All such appointees shall be citizens of West Virginia, in
good health, not less than twenty-five years of age, of good
character and reputation and temperate in habits. No person is
eligible for permanent appointment as a surface mine inspector
until he or she has served in a probationary status for a period of
one year to the satisfaction of the director.
In the performance of duties devolving upon surface mine
inspectors, they shall be responsible to the director.
The salary of the surface mine inspector supervisor shall be
not less than twenty-four thousand four hundred eighty dollars per
year. Salaries of surface mine inspectors shall be not less than
twenty-one thousand seven hundred eighty dollars per year. In the
discharge of their official duties in privately owned vehicles,
surface mine inspectors and the surface mine inspector supervisor shall receive mileage at the rate of not less than twenty cents per
mile.
A surface mine inspector, after having received a permanent
appointment, shall be removed from office only for physical or
mental impairment, incompetency, neglect of duty, drunkenness,
malfeasance in office, or other good cause.
(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.
(c) 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. If
the board finds after investigation and examination that an
applicant is: (1) 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 may 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.
NOTE: The purposes of this bill are to standardize the
structural format of these sections to make them more easily
understandable; to delete the bond-posting requirements for
inspection and training personnel; to clarify the meaning of
"practical experience" as it relates to eligibility requirements
for vacant inspector or instructor positions; to revise work
experience requirements for mine safety instructor applicants; to
repeal work experience requirements that discriminate against West
Virginia coal mining citizens seeking appointment to the positions
of underground mine inspector or surface-mine inspector; to revise
and clarify minimum passing scores for inspector and instructor
examinations; to authorize the director to prepare examinations for
district mine inspector and electrical inspector applicants; to
provide that a mining engineering degree will be considered the
equivalent of two years of practical experience for surface-mine
inspector or mine safety instructor applicants; and to effect
technical clean-up of these sections by making other minor
stylistic changes and grammatical corrections.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
