SENATE CONCURRENT RESOLUTION NO. 49

(By Senators Hall, Plymale and Edgell)

Requesting the Joint Committee on Government and Finance to study the fiscal impact and effects of making mandatory drug testing a part of the state regulatory program for miners, apprenticeship miners and applicants for a position as a miner.

    Whereas, West Virginia coal miners brave potentially dangerous working conditions on a daily basis to give the state the coal it needs to keep the power on; and

    Whereas, These conditions only become more dangerous when a miner works beside someone that is under the influence of a controlled substance; and

    Whereas, These dangers can be prevented and deterred if a strong drug testing program were to be put into place to protect the safety of our West Virginia coal miners; and

    Whereas, The drug testing program would screen for marijuana metabolites, cocaine metabolites, phencyclidine, amphetamines and opiate metabolites; and

    Whereas, The drug testing program would test miners preemployment, post-accident, return-to-work from absence, random testing and reasonable suspicion a miner is under the influence; and

    Whereas, An operator will provide new and current miners with information and training about the drug testing and inform them of their rights and responsibilities under the program; and

    Whereas, Miners will have an appeals type procedure if they test positive under this drug testing program; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the fiscal impact and effects of making mandatory drug testing a part of the state regulatory program for miners, apprenticeship miners and applicants for a position as a miner; and, be it

    Further Resolved, That the Joint Committee on Government and Finance seek input from state agencies and private industry on the impact and effect of mandatory drug testing of coal miners; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations and a written review of the mandatory drug testing programs in surrounding coal states; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.