HOUSE RESOLUTION NO. 36

(By Delegates Sigler, Andes, Border, Ellington, Ferns,

         Gearheart, Hamilton, Householder, Howell, Jones,

        Kominar, Kump, Nelson, O’Neal, Perry, R. Phillips,

Pino, Rowan, Shaver, Snuffer, Talbott and Walker)

Urging the Mine Safety and Health Administration of the United States Department of Labor to implement comprehensive drug free workplace regulations that include drug and alcohol testing.

    Whereas, The coal mining industry is a critically important

component of the economy of West Virginia; and

    Whereas, Coal mining, by its intrinsic hazards to miner health

and safety, does not provide “second chances” for “mistakes” caused by a miner altered or impaired by drug and/or alcohol abuse; and

    Whereas, Substance abuse in mines is one of the most pressing

issues facing the coal industry; in fact, anecdotal and toxicological evidence from recent coal mining fatalities and accidents suggest a very serious problem of drug and alcohol abuse

which places everyone working in the mine at risk; and

    Whereas, Among the problems encountered by the operators of

coal mines include the proliferation of prescription pain medication, the availability of i1lega1 substances, use of prescription drugs on the job causing impairment or altered behavior and the availability of "cleansing" agents via the internet or local vendors supplying masking agents to alter samples; and

    Whereas, Individual mines that have implemented voluntary drug

free workplace programs that include drug and alcohol testing have not only experienced improvements in workplace safety but have also benefitted by the resulting reduced workers' compensation costs;

and

    Whereas, The mining industry has not uniformly adopted the use of drug and alcohol testing and, while some indivldual mines have

had some success in adopting their own drug and alcohol testing policies, there is no consistency in the testing methods employed by those mines; and

    Whereas, The lack of a requirement for standardized drug and alcohol testing throughout the coal mining industry has permitted persons who abuse drugs or alcohol to selectively apply for employment in mine operations which either do not require drug and alcohol testing, or which employ less stringent testing methods and

thereby increase the possibility of avoiding detection of the abuse; and

    Whereas, Such selective application actions occur not only at coal mines in West Virginia, but also at nearby mines in adjoining states, thereby jeopardizing the safety of the coal miners in those mines; and

    Whereas, West Virginia's coal mining industry is subject to the

Federal Mine Safety and Health Act of I911 in which Congress declared that "the first priority and concern of all in the coal or

other mining industry must be the health and safety of its most precious resource the miner"; and

    Whereas, The act directed the Secretary of the Department of Labor to develop, promulgate, and revise as may be appropriate, a set of mandatory health or safety standards for the protection of life and prevention of injuries in coal mines; and

    Whereas, The Secretary of the Department of Labor has delegated the duty and authority to adopt mandatory safety and health standards for the coal mining industry to the Mine Safety and Health Administration within the Department of Labor for the express purpose of "the protection of life, the promotion of health and safety, and the prevention of accidents”; and

    Whereas, The Mine Safety and Health Administration has adopted a regulation which provides that “intoxicating beverages and narcotics shall not be permitted or used in or around mines. Persons under the influence of alcohol or narcotics shall not be permitted on the job”; and

    Whereas, Although the regulation is well intentioned, it does not provide any methods for determining drug or alcohol use, education about the dangers of use, or assistance for workers who

need help; and

    Whereas, The Mine Safety and Health Administratlon is the only governmental entity that has the authority to impose uniform workplace regulations that include drug and alcohol testing upon the coal mining industry, not only in West Virginia, but throughout the United States; and

    Whereas, The House of Delegates is committed to ensuring that

all employees of the state have a safe workplace, and implementation and enforcement of comprehensive drug free workplace regulations that include drug and alcohol testing would further that priority; and

    Whereas, The House of Delegates believes that the goal of a drug free workplace should not be limited to "catching" workers when they are impaired on the job, but should also include a strong program to eliminate drug and alcohol use and misuse in the workplace and provide employees with the assistance needed to live a healthy lifestyle; therefore, be it

    Resolved by the House of Delegates of West Virginia:

    That the House of Delegates hereby urges the Mine Safety and Health Administration of the United States Department of Labor to implement a comprehensive drug-free workplace regulations that include:

    a. The implementation of mandatory drug and alcohol-testing

which ensures the uniform and fair administration of such testing

and utilizes newer, effective methodologies that screen for substances that impair judgment and/or performance, including alcohol, amphetamines, cocaine, opiates, marijuana, PCP, Oxycodone, Oxycontin, Percoset, Hydrocodone, Vicodine, and Hydromorphone-Dilaudid; and

    b. A procedure addressing post-accident drug and alcohol testing which defines those incidents or accidents that will trigger required drug and alcohol testing of employees who may have contributed to the accident, keeping in mind that even the "near miss" incidents can indicate the presence of an impaired employee, and specifies what actions should be required if it is determined that the use of alcohol or other drugs was a contributing factor or cause of the accident; and

    c. A procedure addressing what actions operators should take once an impaired miner is identified, including removal from any safety-sensitive duties; and

    d. A procedure to address employees who are using legally and properly prescribed drugs that may cause impairment; and

    e. A requirement for uniform training and education for supervisors and employees, stipulating the specific type of training, how many hours of training, how often “refresher” training must be completed and what topics must be covered; and

    f. The collection of data regarding testing results that indicate drug and/or alcohol abuse by an employee or prospective employee that is accessible only by a designated representative of each mine operator for the sole purpose of preemployment screening of prospective employees, but otherwise a requirement that all information relating to drug and alcohol testing be kept in the strictest of confidence; and

    g. The collection of industry-wide data, summarized in such a way that no individuals or specific mining locations could be identified, to permit the sharing of that data with other industries to assist them in creating safer working environments; and, be it

    Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Governor, the Senate and Mine Safety and Health Administration of the United States Department of Labor.