COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 68
(By Senators Tomblin, Mr. President, and Caruth,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported February 7, 2007.]
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A BILL to amend and reenact §22A-1-15 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §22A-2-4a; to amend and reenact §22A-2-5
of said code; to amend and reenact §22A-7-5 of said code; to
amend said code by adding thereto a new section, designated
§22A-7-7; and to amend said code by adding thereto a new
article, designated §22A-11-1, §22A-11-2, §22A-11-3 and
§22A-11-4, all relating generally to coal mine health and
safety; authorizing Director of the Office of Miners' Health,
Safety and Training, upon a finding of imminent danger, to
issue closure orders for mines under certain circumstances;
prohibiting the use of a belt conveyor entry as an intake air
course and providing exceptions thereto; providing
requirements for the design, construction and inspection of
seals and the atmospheric monitoring of sealed areas;
prohibiting use of certain seals and providing for requirements for remediation of existing seals under certain
circumstances; prohibiting the use of bottom mining and
providing exceptions thereto; requiring continuing education
for underground mine foremen-fire bosses and setting course
requirements; continuing the Mine Safety Technology Task
Force; legislative findings; establishing powers and duties of
task force; reimbursement; and task force consultation in
approval of safety devices.
Be it enacted by the Legislature of West Virginia:
That §22A-1-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §22A-2-4a; that §22A-2-5 of said
code be amended and reenacted; that §22A-7-5 of said code be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §22A-7-7; and that said code be amended
by adding thereto a new article, designated §22A-11-1, §22A-11-2,
§22A-11-3 and §22A-11-4, all to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; ENFORCEMENT.
§22A-1-15. Findings, orders and notices.
(a) If, upon any inspection of a coal mine, an authorized
representative of the director finds that an imminent danger,
exists, such representative shall determine the area throughout
which such danger exists, and thereupon shall issue forthwith an
order requiring the operator of the mine or the operator's agent to cause immediately all persons, except those referred to in
subdivisions (1), (2), (3) and (4), subsection
(c) (e) of this
section, to be withdrawn from and to be prohibited from entering
such area until an authorized representative of the director
determines that such imminent danger no longer exists.
All employees on the inside and outside of a mine who are
idled as a result of the posting of a withdrawal order by a mine
inspector shall be compensated by the operator at their regular
rates of pay for the period they are idled, but not more than the
balance of such shift. If such order is not terminated prior to
the next working shift, all such employees on that shift who are
idled by such order are entitled to full compensation by the
operator at their regular rates of pay for the period they are
idled, but for not more than four hours of such shift.
(b) If, upon any inspection of a coal mine, an authorized
representative of the director finds that there has been a
violation of the law, but the violation has not created an imminent
danger, he or she shall issue a notice to the operator or the
operator's agent, fixing a reasonable time for the abatement of the
violation. If, upon the expiration of the period of time, as
originally fixed or subsequently extended, an authorized
representative of the director finds that the violation has not
been totally abated, and if the director also finds that the period
of time should not be further extended, the director shall find the
extent of the area affected by the violation and shall promptly
issue an order requiring the operator of such mine or the operator's agent to cause immediately all persons, except those
referred to in subdivisions (1), (2), (3) and (4), subsection
(c)
(e) of this section, to be withdrawn from, and to be prohibited
from entering such area until an authorized representative of the
director determines that the violation has been abated.
(c) If, upon any inspection of a coal mine, an authorized
representative of the director finds that an imminent danger exists
in an area of the mine, in addition to issuing an order pursuant to
subsection (a) of this section, the director shall review the
compliance record of the mine.
(1) A review of the compliance record conducted in accordance
with this subsection shall, at a minimum, include a review of the
following:
(A) Any closure order issued pursuant to subsection (a) of
this section;
(B) Any closure order issued pursuant to subsection (b) of
this section;
(C) Any enforcement measures taken pursuant to this chapter,
other than those authorized under subsections (a) and (b) of this
section;
(D) Any evidence of the operator's lack of good faith in
abating violations at the mine;
(E) Any accident, injury, or illness record that demonstrates
a serious safety or health management problem at the mine;
(F) The number of employees at the mine, the size, layout and
physical features of the mine, and the length of time said mine has been in operation; and
(G) Any mitigating circumstances.
(2) If, after review of the mine's compliance record, the
director determines that the mine has a history of repeated
significant and substantial violations of a particular standard
caused by unwarrantable failure to comply or a history of repeated
significant and substantial violations of standards related to the
same hazard caused by unwarrantable failure to comply and such
history or histories demonstrate the operator's disregard for the
health and safety of miners, the director shall issue a closure
order for the entire mine, and thereupon shall issue forthwith an
order requiring the operator of the mine or the operator's agent to
cause immediately all persons, except those referred to in
subdivisions (1), (2), (3) and (4), subsection (e) of this section,
to be withdrawn from and to be prohibited from entering the mine
until a thorough inspection of the mine has been conducted by the
office and the director determines that the operator has abated all
violations related to the imminent danger and any violations
unearthed in the course of such inspection.
(d) All employees on the inside and outside of a mine who are
idled as a result of the posting of a withdrawal order by a mine
inspector shall be compensated by the operator at their regular
rates of pay for the period they are idled, but not more than the
balance of such shift. If such order is not terminated prior to
the next working shift, all such employees on that shift who are
idled by such order are entitled to full compensation by the operator at their regular rates of pay for the period they are
idled, but for not more than four hours of such shift.
(c) (e) The following persons are not required to be withdrawn
from or prohibited from entering any area of the coal mine subject
to an order issued under this section:
(1) Any person whose presence in such area is necessary, in
the judgment of the operator or an authorized representative of the
director, to eliminate the condition described in the order;
(2) Any public official whose official duties require him or
her to enter such area;
(3) Any representative of the miners in such mine who is, in
the judgment of the operator or an authorized representative of the
director, qualified to make coal mine examinations or who is
accompanied by such a person and whose presence in such area is
necessary for the investigation of the conditions described in the
order; and
(4) Any consultant to any of the foregoing.
(d) (f) Notices and orders issued pursuant to this section
shall contain a detailed description of the conditions or practices
which cause and constitute an imminent danger or a violation of any
mandatory health or safety standard and, where appropriate, a
description of the area of the coal mine from which persons must be
withdrawn and prohibited from entering.
(e) (g) Each notice or order issued under this section shall
be given promptly to the operator of the coal mine or the
operator's agent by an authorized representative of the director issuing such notice or order, and all such notices and orders shall
be in writing and shall be signed by such representative and posted
on the bulletin board at the mine.
(f) (h) A notice or order issued pursuant to this section may
be modified or terminated by an authorized representative of the
director.
(g) (i) Each finding, order and notice made under this section
shall promptly be given to the operator of the mine to which it
pertains by the person making such finding, order or notice.
(j) Definitions. -- For the purposes of this section only, the
following terms shall have the following meanings:
(1) "Unwarrantable failure" shall mean aggravated conduct,
constituting more than ordinary negligence, by a mine operator in
relation to a violation of this chapter of the code; and
(2) "Significant and substantial violation" shall have the
same meaning as that established in 6 FMSHRC 1 (1984).
ARTICLE 2. UNDERGROUND MINES.
§22A-2-4a. Utilization of belt air.
(a)
Definitions. -- For purposes of this section, "belt air"
means the use of a belt conveyor entry as an intake air course to
ventilate the working sections of a mine or areas where mechanized
mining equipment is being installed or removed.
(b) Upon the effective date of the enactment of this section,
belt air may not be used to ventilate the working sections of a
mine or areas where mechanized mining equipment is being installed or removed:
Provided, That if an alternative method of ventilation
will at all times guarantee no less than the same measure of
protection afforded the miners of an underground mine by the
foregoing, or if the application of the foregoing to an underground
mine will result in a diminution of safety to the miners in such
mine, the director may approve the interim use of belt air pursuant
to the following:
(1) For those operators utilizing belt air pursuant to a
ventilation plan approved by the director in accordance with the
provisions of section two of this article prior to the effective
date of the enactment of this section, the director shall cause an
inspection to be made of the mine ventilation system and
ventilation equipment. The director may allow the continued use of
belt air in such mine if he or she determines that: (i) The use
meets the minimum requirements of 30 CFR 75.350(b); and (ii) the
use, as set forth in the ventilation plan and as inspected, will at
all times guarantee no less than the same measure of protection
afforded the miners of such mine if belt air were not used, or that
the prohibition of the use of belt air in such mine will result in
a diminution of safety to the miners in such mine.
(2) For those operators submitting on or after the effective
date of the enactment of this section a ventilation plan proposing
the use of belt air to the director pursuant to section two of this
article, the director shall immediately upon receipt of such plan
give notice of the plan to the representative of miners in such
mine and cause such investigation to be made as the director deems appropriate:
Provided, That such investigation shall include a
review of any comments on the plan submitted by the representative
of miners in such mine. Upon receiving the report of such
investigation, the director shall make findings of fact, and issue
a written decision, incorporating therein his or her findings and
an order approving or denying the use of belt air pursuant to the
terms of the ventilation plan. To approve the use of belt air
pursuant to a ventilation plan, the director must, at a minimum,
determine that: (i) The operator's proposed use of belt air meets
the minimum requirements of 30 CFR 75.350(b); and (ii) approval of
the proposed use of belt air will at all times guarantee no less
than the same measure of protection afforded the miners of such
mine if belt air were not used, or that the prohibition of the use
of belt air in such mine will result in a diminution of safety to
the miners in such mine.
(3) The interim use of belt air shall be accurately reflected
in operator's plan of ventilation, as approved by the director in
accordance with the provisions of section two of this article.
(c) Upon completion of the independent scientific and
engineering review concerning the utilization of belt air and the
composition and fire retardant properties of belt materials in
underground coal mining by the technical study panel created
pursuant to the provisions of 30 U.S.C. §963 and the Secretary of
the United States Department of Labor's corresponding report to
Congress pursuant to the same, the Board of Coal Mine Health and
Safety shall, within thirty days of the Secretary of Labor's report to Congress, provide the Governor with its recommendations, if any,
for the enactment, repeal or amendment of any statute or rule which
would enhance the safe ventilation of underground mines and the
health and safety of miners:
Provided, That at least sixty days
after the Secretary of Labor's report to Congress, the Board of
Coal Mine Health, Safety and Training shall promulgate emergency
rules regulating the use of belt air in light of said report:
Provided further, That the provisions of subsections (a) and (b) of
this section shall expire and no longer have any force and effect
upon the filing of such emergency rules.
§22A-2-5. Unused and abandoned parts of mine.
(a) In any mine, all workings which are abandoned after the
first day of July, one thousand nine hundred seventy-one, shall be
sealed or ventilated. If such workings are sealed, the sealing
shall be done with incombustible material in a manner prescribed by
the director, and one or more of the seals of every sealed area
shall be fitted with a pipe and cap or valve to permit the sampling
of gases and measuring of hydrostatic pressure behind the seals.
For the purpose of this section, working within a panel shall not
be deemed to be abandoned until such panel is abandoned.
(b) Air that has passed through an abandoned area or an area
which is inaccessible or unsafe for inspection shall not be used to
ventilate any working place in any working mine, unless permission
is granted by the director with unanimous agreement of the
technical and mine safety review committee. Air that has been used
to ventilate seals shall not be used to ventilate any working place in any working mine. No air which has been used to ventilate an
area from which the pillars have been removed shall be used to
ventilate any working place in a mine, except that such air, if it
does not contain 0.25 volume percent or more of methane, may be
used to ventilate enough advancing working places immediately
adjacent to the line of retreat to maintain an orderly sequence of
pillar recovery on a set of entries. Before sealed areas,
temporary or permanent, are reopened, the director shall be
notified.
(c) On or after the effective date of the amendment and
reenactment of this section during the regular session of the
Legislature in two thousand seven, the design of all new seals
shall be certified by a professional engineer registered with the
board of professional engineers pursuant to article thirteen,
chapter thirty of this code as meeting the criteria established by
the director. Every seal design shall have the professional
engineer's certificate and signature, in addition to his or her
seal, in the following form:
"I the undersigned, do hereby certify that this seal design
is, to the best of my knowledge, in accordance with all applicable
requirements under state and federal law, rules and regulations.
_____________________P.E."
(d) On or after the effective date of the amendment and
reenactment of this section during the regular session of the
Legislature in two thousand seven, the construction of all new
seals shall be approved by the director in accordance with rules authorized in this section. Such construction shall also be:
(1) Certified by the mine foreman-fire boss of the mine as
being in accordance with the design certified by a professional
engineer pursuant to subsection (c) of this section; and
(2)(A) Constructed of solid concrete blocks and in accordance
with the other provisions of 30 CFR 75.335(a)(1); or
(B) Constructed in a manner that the director has approved as
having the capability to withstand pressure equal to or greater
than a seal constructed in accordance with the provisions of 30 CFR
75.335(a)(1).
(e) On or after the effective date of the amendment and
reenactment of this section during the regular session of the
Legislature in two thousand seven, the operator shall inspect the
physical condition of all seals and measure the atmosphere behind
all seals in accordance with protocols developed by the Board of
Coal Mine Health and Safety, pursuant to rules authorized in this
section, and consistent with a mine-specific atmospheric
measurement plan submitted to and approved by the director. Such
atmospheric measurements shall include but not be limited to the
methane and oxygen concentrations and the barometric pressure. Such
atmospheric measurements also shall be recorded with ink or
indelible pencil in a book kept for that purpose on the surface at
a location designated by the operator. Such protocols shall specify
appropriate methods for inspecting the physical condition of seals,
measuring the mine atmosphere in sealed workings, and inerting the
mine atmosphere behind such seals, where appropriate.
(f)(1) In all mines containing workings sealed using seals
constructed in accordance with the provisions of 30 CFR
75.335(a)(2) which are constructed (A) of cementitious foam blocks
or (B) with methods or materials that the Board of Coal Mine,
Health and Safety determines do not provide an adequate level of
protection to miners, the operator shall, pursuant to a plan
submitted to and approved by the director, remediate such seals by
either enhancing the seals or constructing new seals in place of or
immediately outby such seals. After being remediated, all such
seals must have the capability to withstand pressure equal to or
greater than a seal constructed in accordance with the provisions
of 30 CFR 75.335(a)(1). The design, development, submission, and
implementation of the remediation plan shall be the responsibility
of the operator of each mine. Pursuant to rules authorized in this
section, the Board of Coal Mine Health and Safety shall specify
appropriate methods of enhancing such seals.
(2) Notwithstanding any provision of this code to the
contrary, if the director determines that any seal described in
subdivision (1) of this subsection is incapable of being remediated
in a safe and effective manner, the mine foreman-fire boss shall,
at least once every twenty-four hours, inspect the physical
condition of such seal and measure the atmosphere behind such seal.
Such daily inspections and measurements shall otherwise be
performed in accordance with the protocols and atmospheric
measurement plan established pursuant to subsection (e) of this
section.
(g) Upon the effective date of the amendment and reenactment
of this section during the regular session of the Legislature in
two thousand seven, second mining of lower coal on retreat, also
known as bottom mining, shall not be permitted in workings that
will be sealed unless an operator has first submitted and received
approval by the director of a remediation plan that sets forth
measures that will be taken to mitigate the effects of remnant
ramps and other conditions created by bottom mining on retreat
which can increase the force of explosions originating in and
emanating out of workings that have been bottom mined. The director
shall require that certification in a manner similar to that set
forth in subsection (c) of this section shall be obtained by the
operator from a professional engineer and the mine foreman-fire
boss for the plan design and plan implementation, respectively.
(h) No later than sixty days after the effective date of the
amendment and reenactment of this section during the regular
session of the Legislature in two thousand seven, the Board of Coal
Mine Health and Safety shall develop and promulgate rules pursuant
to the provisions of section four, article six of this chapter to
implement and enforce the provisions of this section.
(i) Upon the issuance of mandatory health and safety standards
relating to the sealing of abandoned areas in underground coal
mines by the Secretary of the United States Department of Labor
pursuant to 30 U.S.C. § 811, as amended by section ten of the
federal Mine Improvement and New Emergency Response Act of 2006,
the director, working in consultation with the Board of Coal Mine Health and Safety, shall, within thirty days, provide the Governor
with his or her recommendations, if any, for the enactment, repeal
or amendment of any statute or rules which would enhance the safe
sealing of abandoned mine workings and the health and safety of
miners.
ARTICLE 7. BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION.
§22A-7-5. Board powers and duties.
(a) The board shall establish criteria and standards for a
program of education, training and examination to be required of
all prospective miners and miners prior to their certification in
any of the various miner specialties requiring certification, under
this article or any other provision of this code. Such specialties
include, but are not limited to, underground miner, surface miner,
apprentice, underground mine foreman-fire boss, assistant
underground mine foreman-fire boss, shotfirer, mine electrician and
belt examiner. Notwithstanding the provisions of this section the
director may by rule further subdivide the classification for
certification.
(b) The board may require certification in other miner
occupational specialties: Provided, That no new specialty may be
created by the board unless certification in a new specialty is
made desirable by action of the federal government requiring
certification in a specialty not enumerated in this code.
(c) The board may establish criteria and standards for a
program of preemployment education and training to be required of
miners working on the surface at underground mines who are not certified under the provisions of this article or any other
provision of this code.
(d) The board shall set minimum standards for a program of
continuing education and training of certified persons and other
miners on an annual basis: Provided, That said standards shall be
consistent with the provisions of section seven of this article.
Prior to issuing said standards, the board shall conduct public
hearings at which the parties who may be affected by its actions
may be heard. Such education and training shall be provided in a
manner determined by the director to be sufficient to meet the
standards established by the board.
(e) The board may, in conjunction with any state, local or
federal agency or any other person or institution, provide for the
payment of a stipend to prospective miners enrolled in one or more
of the programs of miner education, training and certification
provided for in this article or any other provision of this code.
(f) The board may also, from time to time, conduct such
hearings and other oversight activities as may be required to
ensure full implementation of programs established by it.
(g) Nothing in this article empowers the board to revoke or
suspend any certificate issued by the director of the office of
miners' health, safety and training.
(h) The board may, upon its own motion or whenever requested
to do so by the director, deem two certificates issued by this
state to be of equal value or deem training provided or required by
federal agencies to be sufficient to meet training and education requirements set by it, the director, or by the provisions of this
code.
§22A-7-7. Continuing education requirements for underground mine
foreman-fire boss.
(a) An existing underground mine foreman-fire boss certified
pursuant to this article shall complete the continuing education
requirements in this section within two years from the effective
date of this section and every two years thereafter. An
underground mine foreman-fire boss certified pursuant to this
article on or after the effective date of this section shall
complete the continuing education requirements in this section
within two years of their certification and every two years
thereafter. The continuing education requirements of this section
may not be satisfied by the completion of other training
requirements mandated by the provisions of this chapter.
(b) In order to receive continuing education credit pursuant
to this section, a mine foreman-fire boss shall satisfactorily
complete a mine foreman-fire boss continuing education course
approved by the board and taught by a qualified instructor approved
by the director. The mine foreman-fire boss shall not suffer a
loss in pay while attending a continuing education course. The
mine foreman-fire boss shall submit documentation to the office
certified by the instructor that indicates the required continuing
education has been completed prior to the deadlines set forth in
this subsection: Provided, That a mine foreman-fire boss may submit
documentation of continuing education completed in another state for approval and acceptance by the board.
(c) The mine foreman-fire boss shall complete at least eight
hours of continuing education every two years.
(d) The content of the continuing education course shall
include, but not be limited to:
(1) Selected provisions of this chapter and 30 U.S.C. §801 et
seq.;
(2) Selected provisions of the West Virginia and federal
underground coal mine health and safety rules and regulations;
(3) The responsibilities of a mine foreman-fire boss;
(4) Selected policies and memoranda of the Office of Miners'
Health, Safety and Training, the Board of Coal Mine Health and
Safety, and the Board of Miner Training, Education and
Certification;
(5) A review of fatality and accident trends in underground
coal mines; and
(6) Other subjects as determined by the Board of Miner
Training, Education and Certification.
(e) The board is hereby authorized to approve alternative
training programs tailored to specific mines.
(f) Failure to complete the requirements of this section shall
result in suspension of a mine foreman-fire boss certification
pending completion of the continuing education requirements.
During the pendency of the suspension, such individual may not
perform statutory duties assigned to mine foreman-fire boss under
West Virginia law. The office shall send notice of any suspension to the last address the certified mine foreman-fire boss reported
to the director. If the requirements are not met within two years
of the suspension date, the director may file a petition with the
board of appeals pursuant to the procedures set forth in section
thirty-one, article one of this chapter and, upon determining that
such requirements have not been meet, the board of appeals may
revoke the mine foreman-fire boss' certification, which shall not
be renewed except upon successful completion of the examination
prescribed by law for mine foremen-fire bosses or upon completion
of other training requirements established by the board: Provided,
That an individual having their mine foreman-fire boss
certification suspended pursuant to this section who also holds a
valid mine foreman-fire boss certification from another state may
have the suspension lifted by completing training requirements
established by the board.
(g) The office shall make a program of instruction that meets
the requirements for continuing education set forth in this section
regularly available in regions of the state, based on demand, for
individuals possessing mine foreman-fire boss certifications who
are not serving in a mine foreman-fire boss capacity: Provided,
That the office may collect a fee from program participants to
offset the cost of the program.
(h) The office shall make available to operators and other
interested parties a list of individuals whose mine foreman-fire
boss certification is in suspension or has been revoked pursuant to
this section.
ARTICLE 11. MINE SAFETY TECHNOLOGY.
§22A-11-1. Legislative findings, purposes and intent.
The Legislature hereby finds and declares:
(1) That the first priority and concern of all in the coal
mining industry must be the health and safety of its most precious
resource -- the miner;
(2) That in furtherance of this priority, the provisions of
article two of this chapter are designed to protect the health and
safety of this state's coal miners by requiring certain minimum
standards for, among other things, certain health and safety
technology utilized by each underground miner;
(3) That the proper implementation of this technology in West
Virginia's underground mines would benefit from the specialized
oversight of persons with experience and competence in coal mining,
coal mine health and safety, and the expanding role of technology;
and
(4) That, in furtherance of the foregoing, it is the intent of
the Legislature to create a permanent task force which, on a
continuous basis, shall evaluate and study issues relating to the
commercial availability and functional and operational capability
of existing and emerging technologies in coal mine health and
safety, as well as issues relating to the implementation,
compliance and enforcement of regulatory requirements governing
such technologies.
§22A-11-2. Mine Safety Technology Task Force continued; membership; method of nomination and appointment.
(a) The Mine Safety Technology Task Force, heretofore created
and existing under the authority of the director pursuant to the
provisions of section six, article one of this chapter, is hereby
continued as provided by this article.
(b) The task force shall consist of nine members who are
appointed as hereinafter specified in this section:
(1) The Governor shall appoint, by and with the advice and
consent of the Senate, three members to represent the viewpoint of
operators in this state. When such members are to be appointed,
the Governor shall request from the major trade association
representing operators in this state a list of three nominees for
each such position on the task force. All such nominees shall be
persons with special experience and competence in coal mine health
and safety. There shall be submitted with such list a summary of
the qualifications of each nominee. For purposes of this
subdivision, the major trade association representing operators in
this state is that association which represents operators
accounting for over one half of the coal produced in mines in this
state in the year prior to the year in which the appointment is to
be made.
(2) The Governor shall appoint, by and with the advice and
consent of the Senate, three members who can reasonably be expected
to represent the viewpoint of the working miners of this state.
When members are to be appointed, the Governor shall request from
the major employee organization representing coal miners within this state a list of three nominees for each position on the task
force. The highest ranking official within the major employee
organization representing coal miners within this state shall
submit a list of three nominees for each such position on the
board. The nominees shall have a background in coal mine health
and safety.
(3) The Governor shall appoint, by and with the advice and
consent of the Senate, one certified mine safety professional from
the College of Engineering and Mineral Resources at West Virginia
University;
(4) The Governor shall appoint, by and with the advice and
consent of the Senate, one attorney with experience in issues
relating to coal mine health and safety; and
(5) The ninth member of the task force is the director, or his
or her designee, who shall serve as chair of the task force. The
director shall furnish to the task force such secretarial,
clerical, technical, research and other services as are necessary
to the conduct of the business of the task force.
(c) Each appointed member of the task force shall serve at the
will and pleasure of the Governor.
(d) Whenever a vacancy on the task force occurs, nominations
and appointments shall be made in the manner prescribed in this
section: Provided, That in the case of an appointment to fill a
vacancy, nominations of three persons for each such vacancy shall
be requested by and submitted to the Governor within thirty days
after the vacancy occurs by the major trade association or major employee organization, if any, which nominated the person whose
seat on the task force is vacant.
(e) Each member of the task force shall be paid the expense
reimbursement, as is paid to members of the Legislature for their
interim duties as recommended by the citizens legislative
compensation commission and authorized by law for each day or
portion thereof engaged in the discharge of official duties. In the
event the expenses are paid by a third party, the member shall not
be reimbursed by the state. The reimbursement shall be paid out of
the state treasury upon a requisition upon the state auditor,
properly certified by the Office of Miners' Health, Safety and
Training. No employer shall prohibit a member of the task force
from exercising leave of absence from his or her place of
employment in order to attend a meeting of the task force or a
meeting of a subcommittee of the task force, or to prepare for a
meeting of the task force, any contract of employment to the
contrary notwithstanding.
§22A-11-3. Task force powers and duties.
(a) The task force shall provide technical and other
assistance to the office related to the implementation of the new
technological requirements set forth in the provisions of section
fifty-five, article two, of this chapter, as amended and reenacted
during the regular session of the Legislature in the year two
thousand six, and requirements for other mine safety technologies.
(b) The task force, working in conjunction with the director,
shall continue to study issues regarding the commercial availability, the functional and operational capability, and the
implementation, compliance and enforcement of the following
protective equipment:
(1) Self-contained self-rescue devices, as provided in
subsection (f), section fifty-five, article two of this chapter;
(2) Wireless emergency communication devices, as provided in
subsection (g), section fifty-five, article two of this chapter;
(3) Wireless emergency tracking devices, as provided in
subsection (h), section fifty-five, article two of this chapter;
and
(4) Any other protective equipment required by this chapter or
regulations therefor promulgated in accordance with law that the
director determines would benefit from the expertise of the task
force.
(c) The task force shall on a continuous basis study, monitor
and evaluate:
(1) The potential for enhancing coal mine health and safety
through the application of existing technologies and techniques;
(2) Opportunities for improving the integration of
technologies and procedures increase the performance and
survivability of coal mine health and safety systems;
(3) Emerging technological advances in coal mine health and
safety; and
(4) Market forces impacting the development of new
technologies, including issues regarding the costs of research and
development, regulatory certification, and incentives designed to stimulate the marketplace.
(d) On or before the first day of July of each year, the task
force shall submit a report to the Governor and the Board of Coal
Mine Health and Safety that shall include, but not be limited to:
(1) A comprehensive overview of issues regarding the
implementation of the new technological requirements set forth in
the provisions of section fifty-five, article two, of this chapter,
or regulations therefor promulgated in accordance with law;
(2) A summary of any emerging technological advances that
would improve coal mine health and safety;
(3) Recommendations, if any, for the enactment, repeal or
amendment of any statute which would enhance technological
advancement in coal mine health and safety; and
(4) Any other information the task force deems appropriate.
(e) In performing its duties, the task force shall, where
possible, consult with, among others, mine engineering and mine
safety experts, radiocommunication and telemetry experts and
relevant state and federal regulatory personnel.
§22A-11-4. Approval of devices.
Prior to approving any protective equipment or device that has
been evaluated by the task force pursuant to the provisions of
subsection (b) of this section, the director shall consult with the
task force and review any applicable written reports issued by the
task force and the findings set forth therein and shall consider
such findings in making any approval determination.
NOTE: The purpose of this bill is to improve coal mine health
and safety; to authorize Director of the Office of Miners' Health,
Safety and Training to issue closure orders for a certain
violations; to prohibit the use of a belt conveyor entry as an
intake air course; to provide requirements for the design,
construction, remediation and monitoring of sealed areas; to
provide for the remediation of the effects of bottom mining; and to
continue the Mine Safety Technology Task Force.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§22A-2-4a, §22A-7-7, §22A-11-1, §22A-11-2, §22A-11-3 and
§22A-11-4 are new, therefore, strike-throughs and underscoring have
been omitted.