Senate Bill No. 493

(By Senator Wagner)

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[Introduced February 19, 1996; referred to the Committee on Energy, Industry and Mining.]
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A BILL to amend and reenact sections nine, eleven, twelve and thirteen, article one, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections seven and sixty-three, article two of said chapter; and to amend and reenact section six, article seven of said chapter, all relating to mine safety instructors; qualifications; employment ; compensation; tenure; oath; bond; employment of electrical inspectors; qualifications; salary and expenses; tenure; oath; bond; eligibility for appointment as mine inspector; qualifications; salary and expenses; removal; eligibility for appointment as surface mine inspector; qualifications; salary and expenses; removal; when an underground mine foreman-fireboss is required; certification of mine foreman-fireboss and assistant mine foreman-firebosses; annual retraining; penalties; mines, quarries, preparation plants, load-out facilities, cement manufacturing plants and operators performing services or construction at such sites; permit and certificate of approval fees; petition for enforcement against delinquent assessments; operator's responsibility for compliance; enforcement responsibility of the office of miner's health, safety and training; board of coal mine health and safety to promulgate criteria and standards of highwall development and maintenance above proposed new underground mine openings; collection and expenditures of permit and certificate of approval fees; and duties of the director and office and annual refresher training.

Be it enacted by the Legislature of West Virginia:
That sections nine, eleven, twelve and thirteen, article one, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections seven and sixty-three, article two of said chapter be amended and reenacted; and that section six, article seven of said chapter be amended and reenacted, all to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; ENFORCEMENT.

§22A-1-9. Mine safety instructors; qualifications; employment; compensation; tenure; oath; bond.

The office shall employ eleven or more mine safety instructors. 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 years of age, and of good character, reputation and temperate habits; and (2) a person who has had at least five years' experience in first aid and mine rescue work and who has had practical experience with dangerous gases found in coal mines, and who has a practical knowledge of mines, mining methods, mine ventilation, sound safety practices and applicable mining laws.
In order to qualify for appointment as a mine safety instructor, an eligible applicant shall 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 safety instructor 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.
The salary for a mine safety instructor shall be not less than twenty-one thousand six hundred seventy-two thirty-seven thousand two hundred four dollars per year with graduations of five hundred dollars annually thereafter, and shall be fixed by the director, who shall take into consideration ability, performance of duty and experience. Such The instructor 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 the 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.
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 mine inspectors are applicable to mine safety instructors.
§22A-1-11. Employment of electrical inspectors; qualifications; salary and expenses; tenure; oath; bond.

The office shall employ five or more electrical inspectors. 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 years of age, and of good character, reputation and of temperate habits; and (2) a person who has had seven years' practical electrical experience in coal mines, or a degree in electrical engineering from an accredited electrical engineering school and one year's practical experience in underground coal mining.
In order to qualify for appointment as a mine electrical inspector, an eligible applicant shall 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 an electrical inspector. 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 ninety percent, the board shall add such the 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 grade.
The salary of a mine electrical inspector shall be not less than thirty thousand four hundred eighty forty-five thousand twelve dollars per year with graduations of five hundred dollars annually thereafter, and 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 the expense submitted by the electrical inspector, who shall verify upon oath that such the expenses were actually incurred in the discharge of his or her official duties.
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.
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 mine inspectors are applicable to mine electrical inspectors.
§22A-1-12. Eligibility for appointment as mine inspector; qualifications; salary and expenses; removal.

(a) No person is eligible for appointment as a mine inspector unless, at the time of his or her probationary appointment, he or she: (1) Is a citizen of West Virginia, in good health, not less than twenty-four years of age, and of good character, reputation and temperate habits; (2) has had at least six years' practical experience in coal mines, at least three 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 be considered the equivalent of two years' practical experience; (3) has had practical experience with dangerous gases found in coal mines; and (4) has a good theoretical and practical knowledge of mines, mining methods, mine ventilation, sound safety practices and applicable mining laws.
(b) In order to qualify for appointment as a mine inspector, an eligible applicant shall submit to a written and oral examination by the mine inspectors' examining board and furnish such evidence of good health, character and other facts establishing eligibility as the board may require. 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, with a grade of at least eighty percent, the board shall add such the applicant's name and grade to the register of qualified eligible candidates and certify its action to the director. No candidate's name shall remain in the register for more than three years without requalifying.
(c) Salaries of district inspectors shall may not be less than twenty-eight thousand fifty-six forty-three thousand five hundred eighty-eight dollars per year with graduations of five hundred dollars annually thereafter; assistant inspector-at- large, not less than thirty thousand one hundred eight forty-five thousand six hundred forty dollars per year with graduations of five hundred dollars annually thereafter; inspectors-at-large, not less than thirty-one thousand five hundred seventy-two forty- seven thousand one hundred four dollars per year with graduations of five hundred dollars annually thereafter, and they shall receive mileage at the rate of not less than twenty cents the current rate as established by the West Virginia office of travel management 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 the 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. 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 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 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.
Proceedings for the removal of a mine inspector may be initiated by the director whenever there is reasonable cause to believe that adequate cause exists, warranting removal. Such A proceeding shall be initiated by a verified petition, filed with the 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 state, may petition the director for the removal of a mine inspector. If such the petition is verified by at least one of the petitioners, based on actual knowledge of the affiant and alleged facts, which, if true, warrant the removal of the inspector, the director shall cause an investigation of the 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 mine inspector, the board shall promptly notify the inspector to appear before it at a time and place designated in said 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 hearing. No continuance shall be granted except for good cause shown. The chair of the board and the director have power to administer oaths and subpoena witnesses.
Any mine inspector who willfully refuses or fails to appear before the board, or having appeared, refuses to answer under oath any relevant question on the ground 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, 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. Eligibility for appointment as surface mine inspector; qualifications; salary and expenses; removal.

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 the 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 thirty-eight thousand three hundred twelve dollars per year with graduations of five hundred dollars annually thereafter. 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 the current rate as established by the West Virginia office of travel management for each mile actually traveled in the discharge of their official duties in a privately owned vehicle.
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.
ARTICLE 2. UNDERGROUND MINES.
§22A-2-7. When underground mine foreman-fire boss required; assistants; certification; annual retraining; penalties.

(a) In every underground mine where five or more persons are employed in a period of twenty-four hours, the operator shall employ at least one person certified in accordance with the provisions of article seven of this chapter as a mine foreman-fire boss. Each applicant for certification as a mine foreman-fire boss shall, at the time he or she is issued a certificate of competency: (1) Be a resident or employed in a mine in this state; (2) have had at least five years' experience in the underground working, ventilation and drainage of a coal mine, which shall include at least eighteen months' experience on or at a working section of an underground mine or be a graduate of the school of mines at West Virginia University or of another accredited mining engineering school or be a graduate of an accredited engineering school with a bachelor's degree in mining engineering technology, electrical, mechanical or civil engineering; and have had at least two years' practical experience in an underground mine, which shall include at least eighteen months' experience on or at a working section of an underground mine; or be a graduate of an accredited college or university with an associate degree in mining, electrical, mining engineering technology, mechanical engineering or civil engineering and have had at least four years' practical experience in an underground mine, which shall include at least eighteen months' experience on or at a working section of an underground mine; and (3) have demonstrated his or her knowledge of dangerous mine gases and their detection, mine safety, first aid, safety appliances, state and federal mining laws and regulations and other subjects by completing such training, education and examinations as may be required of him or her under article seven of this chapter.
(b) In mines in which the operations are so extensive that the duties devolving upon the mine foreman-fire boss cannot be discharged by one man, one or more assistant mine foremen-fire bosses may be designated. Such persons shall act under the instruction of the mine foreman-fire boss, who shall be responsible for their conduct in the discharge of their duties. Each assistant so designated shall be certified under the provisions of article seven of this chapter. Each applicant for certification as assistant mine foreman-fire boss shall, at the time he or she is issued a certificate of competency, possess all of the qualifications required of a mine foreman-fire boss: Provided, That he or she shall at the time he or she is certified be required to have at least three years' experience in the underground working, ventilation and drainage of coal mines, which shall include eighteen months on or at a working section of an underground mine or be a graduate of the school of mines at West Virginia University or of another accredited mining engineering school or be a graduate of an accredited engineering school with a bachelor's degree in mining engineering technology, electrical, mechanical or civil engineering; and have had twelve months' practical experience in an underground mine, all of which shall have been on or at a working section or be a graduate of an accredited college or university with an associate degree in mining, electrical, mining engineering technology, mechanical or civil engineering and have had at least two years' practical experience in an underground mine, which shall include at least eighteen months' experience on or at a working section of an underground mine.
(c) Until the first day of January, one thousand nine hundred seventy-seven, in mines in which the operations are so extensive that all the duties devolving upon the mine foreman- fire boss cannot be discharged by one person, competent persons having had at least three years' experience in coal mines may be designated as assistants, who shall act under the mine foreman- fire boss' instructions and the mine foreman-fire boss is responsible for their conduct in the discharge of their duties under such the designation.
(d) Any person holding a mine foreman's certificate issued by any other state may act in the capacity of mine foreman-fire boss in any mine in this state until the next regular mine foreman-fire boss' examination held by the office of miners' health, safety and training, but not to exceed a maximum of ninety days.
(e) After the first day of July, one thousand nine hundred seventy-four, all duties heretofore performed by persons certified as mine foreman, assistant mine foreman or fire boss shall be performed by persons certified as underground mine foreman-fire boss or an assistant underground mine foreman-fire boss.
After the first day of July, one thousand nine hundred seventy-four, every certificate heretofore issued to an assistant mine foreman or fire boss shall be deemed to be of equal value to a certificate issued hereafter to an assistant mine foreman-fire boss, and every certificate heretofore issued to a mine foreman shall be deemed to be of equal value to a certificate issued hereafter to a mine foreman-fire boss.
(f) After the effective date of this section, the board of miner training, education and certification, hereinafter in this section referred to as the board in accordance with subsection (d), section five, article seven of this chapter, shall develop and update thereafter as necessary, a mandatory eight-hour course of annual retraining of each miner employed as a mine foreman- fireboss or as an assistant mine foreman-fireboss. The mandatory eight-hour course of annual retraining shall, at a minimum, include comprehensive discussions of the statutory duties of mine foremen-firebosses and assistant mine foremen-firebosses; development of roof control plans, ventilation plans and comprehensive mine safety programs, required adherence to the plans and programs, and the mandatory reviews thereof; violation types and assessments, including most frequently cited notices of violations; violation reduction and accident investigation, reporting and reduction programs; equipment permissibility requirements; requirements of maintaining equipment in safe operating condition; transportation and communication systems requirements; mine emergency response procedures; development and maintenance of escapeways; and any changes which have occurred in the mining laws and implementing rules of this state during the preceding twelve months. Such mandatory eight-hour course of annual retraining shall be conducted by authorized representatives of the director and shall be in addition to the eight hours of annual refresher training required of all miners. Each miner so affected, upon completion of the annual retraining, shall be issued a certificate by the director, or his or her authorized representative, certifying completion of the annual retraining. The certificate shall be valid for one year from the date of completion of the annual retraining or until the next regularly scheduled annual retraining class for each miner, which is no case shall be any longer than the last day of December in the next succeeding calendar year. Except as provided in subsection (h) below, each miner so affected shall be paid by his or her or other employer at a rate of pay which shall correspond to the rate of pay the miner would have received during the performance of his or her normal duties.
(g) During the first twelve months following the implementation of the course of annual retraining as established by the board, it shall be the responsibility of the director, or his or her authorized representative, to notify each mine operator, or his or her agent, of the requirements of this section and to arrange for the annual retraining. Each calendar year thereafter it shall be the responsibility of each mine operator, or his or her agent, to contact the appropriate regional office of the West Virginia office of miners' health, safety and training to arrange for the annual retraining. After receiving initial notification and arranging for the annual retraining during the first twelve months following the implementation of the course of annual retraining as established by the board and after arranging for the annual retraining each calendar year thereafter, it shall be the responsibility of each mine operator, or his or her agent, to require that miners of his or her employees as are affected by this requirement complete the annual retraining. Each mine operator, or his or her agent, shall be assessed a civil penalty in accordance with subsection (b), section twenty-one, article one of this chapter, and implementing rules, if he or she employs any miner whose duties require mine foreman-fireboss certification or assistant mine foreman-fireboss certification when the miner has not completed the annual retraining during the first twelve months following the implementation of the course of annual retraining as established by the board or has not completed the annual retraining as necessary thereafter.
(h) Each miner performing duties requiring mine foreman- fireboss certification or assistant mine foreman-fireboss certification shall be assessed a civil penalty in accordance with subdivision (2), subsection (a), section twenty-one, article one of this chapter, and implementing rules if he or she does not complete the annual retraining during the first twelve months following the implementation of the course of annual retraining as established by the board or does not complete the annual retraining as necessary thereafter. The director shall suspend the appropriate certification of any miner assessed the civil penalty until such time as that miner has completed the annual retraining and has paid the penalty. It shall not be the responsibility of any mine operator, or his or her agent, to compensate any affected miner for the annual retraining who has not obtained a certificate of annual retraining during the first twelve months following the implementation of the course of annual retraining as established by the board after having been provided the opportunity by the operator, or his or her agency, or who has allowed the certificate of annual retraining to expire, after having been provided the opportunity by the mine operator, or his or other agent. Each miner so affected shall pay the West Virginia office of miners' health, safety and training for the annual retraining: Provided, That the amount of the payment shall be limited to the cost of materials necessary to complete the annual retraining and shall be tendered prior to the commencement of the annual retraining.
(i) Any miner who possesses mine foreman-fireboss certification or assistant mine foreman-fireboss certification, but who does not possess a current certificate of annual retraining and is not employed to perform duties requiring mine foreman-fireboss certification, or assistant mine foreman- fireboss certification, must obtain the certificate of annual retraining prior to performing his or her duties. Each miner so affected shall contact the appropriate regional office of the West Virginia office of miners' health, safety and training to make arrangements for the annual retraining and shall be solely responsible for obtaining the certificate of annual retraining, including payment for the annual retraining to the West Virginia office of miners' health, safety and training: Provided, That the amount of the payment shall be limited to the cost of materials necessary to complete the annual retraining and shall be tendered prior to the commencement of the annual retraining.
(j) It shall be the responsibility of each mine operator, or his or her agent, to maintain a file containing the name, social security number, appropriate certification number and the date of completion of the annual retraining for each miner on his or her payroll affected by the requirements of this section and to produce the file, or legible copy thereof, within five days following a request for such by the director or his or her authorized representative. It shall be the sole responsibility of each affected miner to furnish his or her current employer a current copy of his or her annual retraining certificate and to furnish the certificate, or legible copy thereof, within twenty-four hours upon request therefor, to the director or his or her authorized representative.
(k) After the implementation of the course of annual retraining as established by the board, all moneys collected by the director for the penalties set forth in subsections (g) and (h) of this section and for other certificate and training fees set forth in subsections (h) and (i) of this section shall be deposited with the treasurer of the state of West Virginia to the credit of the special health, safety and training fund in accordance with the provisions of subsection (f), section twenty- one, article one of this chapter, and shall be appropriated by the Legislature only for salary increases for existing mine inspectors, mine safety instructors, electrical inspectors and surface inspectors.
§22A-2-63. No mine to be opened or reopened without prior
approval of the director; permits and certificates of approval; approval fees; annual extension of permits and certificates of approval; petition for enforcement against delinquent assessments; permits and certificates of approval not transferable; section to be printed on permits and certificates of approval; criteria and standards for highwalls above proposed new underground mine openings to be promulgated by board of coal mine health and safety; collection and expenditure of permit and certificate of approval fees.
(a) After the first day of July, one thousand nine hundred seventy-one, no mine shall be opened or reopened unless prior approval has been obtained from the director of the office of miners' health, safety and training, which approval shall not be unreasonably withheld. The operator shall pay for such approval a fee of one five hundred dollars, which payment shall be tendered with the application for such approval. Provided, That mines producing coal solely for the operator's use shall be issued a permit without charge if coal production will be less than fifty tons a year
After the effective date of this section, no quarry, preparation plant, load-out facility, or cement manufacturing plant may be operated unless prior approval has been obtained from the director, which approval shall not be unreasonably withheld. The operator shall pay for such approval a fee of five hundred dollars, which payment shall be tendered with the application for such approval.
Within thirty days after the first day of January of each year, the holder of such permit to open a mine, quarry, preparation plant, load-out facility or cement manufacturing plant shall apply for the extension of such permit for an additional year. Such permit, evidenced by a document issued by the director, shall be granted as a matter of right for a fee of one five hundred dollars if, at the time such application is made, the permit holder is in compliance with the provisions of section seventy-seven of this article and has paid or otherwise appealed all coal mine assessments issued to the mine, quarry, preparation plant, load-out facility or cement manufacturing plant if operated by the permit holder and imposed under article one of this chapter. Applications for extension of such permits not submitted within the time required shall be processed as an initial application to open or reopen a mine and shall be accompanied by a fee of one five hundred dollars.
(b) Permits and certificates of approval issued pursuant the this section shall not be transferable.
(c) If the operator of a mine, quarry, preparation plant, load-out facility or cement manufacturing plant is not the permit holder as defined in subsection (a) above, then such operator must apply for and obtain a certificate permit of approval to operate the mine, quarry, preparation plant, load-out facility or cement manufacturing plant on which the permit is held prior to commencing operations. An operator who is not the permit holder operating such mine, quarry, preparation plant, load-out facility or cement manufacturing plant on the tenth day of April, one thousand nine hundred ninety-three effective date of this section, must apply for a certificate permit of approval on or before the first day of July, one thousand nine hundred ninety- three ninety-six. The operator shall pay a fee of one five hundred dollars, which payment shall be tendered with the application for approval. Such approval, evidenced by a certificate document issued by the director, shall be granted if, at the time such application is made, the applicant is in compliance with the provisions of section seventy-seven of this article and has paid or otherwise appealed all coal mine assessments imposed on such applicant for the certificate permit of approval under article one of this chapter.
(d) In addition to the director's authority to file a petition for enforcement under subdivision (4), subsection (a), section twenty-one, article one of this chapter, if an operator holding a certificate permit of approval issued pursuant to subsection (c) (a) or subsection (b) of this section, or a certificate of approval issued pursuant to subsection (c) of this section, against whom a civil penalty is assessed in accordance with section twenty-one, article one of this chapter, and implementing regulations, and which has become final, fails to pay the penalty within the time prescribed in such order, the director or the authorized representative of the director, by certified mail, return receipt requested, shall send a notice to such operator advising the operator of the unpaid penalty. If the penalty is not paid in full within sixty thirty days from the issuance of the notice of delinquency by the director or his or her authorized representative, then the director may revoke such operator's permit or certificate of approval: Provided, That such operator to whom the delinquency notice is issued shall have thirty fifteen days from receipt thereof to request, by certified mail, return receipt requested, a public hearing held in accordance with the procedures of section seventeen, article one of this chapter, and implementing rules. including application for temporary relief Once such operator's permit or certificate of approval is revoked pursuant to this subsection, such operator shall be prohibited from obtaining any permit or certificate of approval under the provisions of this section to operate or to perform services or construction at any other mine, quarry, preparation plant, load-out facility or cement manufacturing plant until such time as that operator pays the delinquent penalties that have become final. All delinquent assessments which have been imposed upon a permit holder or certificate of approval holder or applicants under this section and which have become final shall not be imposed upon any permit holder or certificate of approval holder or applicants pursuant to subsections (a), (b), or (c) of this section.
(e) Every firm, corporation, partnership or individual that contracts to perform services or construction at a coal mine, quarry, preparation plant, load-out facility or cement manufacturing plant, shall be deemed to be an operator and beginning the first day of January, one thousand nine hundred ninety-five on the effective date of this section, must apply for and obtain a certificate of approval prior to commencing operations: Provided, That such persons shall only be required to obtain only one certificate annually: Provided, however, That persons such as, but not limited to, consultants, mine vendors, office equipment suppliers, and maintenance and delivery personnel are excluded from this requirement. Any such operator shall pay a fee of one hundred two hundred fifty dollars which shall be tendered with the application for approval. Such approval, evidenced by a certificate issued by the director, shall be granted if, at the time such application is made, the applicant has paid or otherwise appealed all coal mine assessments imposed on such applicant under article one of this chapter.
Within thirty days after the first day of January of each year, the holder of such certificate of approval shall apply for the extension of such approval for an additional year. Applications for extension must be accompanied by a fee of one hundred two hundred fifty dollars. An extension shall be granted if, at the time such application is made, the applicant has paid or otherwise appealed all coal mine assessments imposed on such applicant under article one of this chapter. All delinquent assessments which have been imposed upon a certificate of approval holder or applicants under this section shall not be imposed upon any permit holder or certificate of approval holder or any applicant pursuant to subsection (a) or (c) of section sixty-three. Applications for extension of such certificates of approval not submitted within the time required shall be processed as an initial application and shall be accompanied by a fee of two hundred fifty dollars.
(f) Every certificate of approval holder referred to in subsection (c) of this section shall be accountable for ensuring that their operations are conducted at all times in compliance with all the mining laws and implementing rules of this state, insofar as such are applicable thereto, and shall be responsible for all notices of violations and associated assessments and penalties imposed upon it by the director or his or her authorized representative for violations thereof, except in those cases where a third person or party is found to have willfully contributed to the act or omission which gave rise to the violation, in which case, such third person or party shall have joint liability for such notices of violations and associated assessments and penalties.
(f) (g) The provisions of this section shall be printed on the reverse side of every permit issued under subsection (a) or subsection (b) and certificate of approval issued under subsection (d) (c) herein.
(g) (h) The district mine inspector shall be contacted for a pre-inspection of the area proposed for underground mining prior to issuance of any new opening permit approval. The board of coal mine health and safety shall investigate, or cause to be investigated, the technology, procedures and techniques of highwall development above proposed underground mine openings, and shall promulgate by the first day of January, one thousand nine hundred ninety-seven, criteria and standards relative to the safe development and maintenance of the highwalls.
(i) After the effective date of this section, all permit and certificate of approval fees provided for in this section shall be collected by the director and deposited with the treasurer of the state of West Virginia to the credit of the special health, safety and training fund in accordance with the provisions of subsection (f), section twenty-one, article one of this chapter. All moneys collected by the director for the fees set forth in subsections (a), (b) and (c) of this section, as well as all moneys which have been collected previously by the director for such fees since the twelfth day of March, one thousand nine hundred ninety-four and for which no spending authority has existed, shall be appropriated by the Legislature only for salary increases for existing mine inspectors, mine safety instructors, electrical inspectors, and surface inspectors; for additional annual technical training of such inspectors and instructors; for conducting proposed mandatory annual refresher training for small mines and operations ancillary thereto by the West Virginia office of miners' health, safety and training mine safety instructors; and for proposed mandatory annual retraining of miners employed as a mine foreman-fireboss or as an assistant mine foreman-fireboss, which training shall be conducted by the offices' mine safety instructors and authorized representatives of the director.
ARTICLE 7. BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION.

§22A-7-6. Duties of the director and office.

The director shall be empowered to promulgate, pursuant to chapter twenty-nine-a of this code, such reasonable rules as, are necessary to establish a program to implement the provisions of this article. Such program shall include, but not be limited to, implementation of a program of instruction in each of the miner occupational specialties and the conduct of examinations to test each applicant's knowledge and understanding of the training and instruction which he or she is required to have prior to the receipt of a certificate.
The director is authorized and directed to utilize state mine inspectors, mine safety instructors, the state mine foreman examiner, private and public institutions of education and such other persons as may be available in implementing the program of instruction and examinations.
The director may, at any time, make such recommendations or supply such information to the board as he or she may deem appropriate.
The director is authorized and directed to utilize such state and federal moneys and personnel as may be available to the office for educational and training purposes in the implementation of the provisions of this article.
Before the first day of January, one thousand nine hundred ninety-seven, the board shall develop and update thereafter as necessary, mandatory programs of annual refresher training in accordance with provisions of the federal act, with additional emphasis placed upon West Virginia mining laws and implementing rules and regulations, for all mining industry employees and all workers at operations ancillary thereto. The director shall ensure that all mine safety instructors employed currently or in the future at the West Virginia office of miners' health, safety and training shall obtain and retain approved instructor status in accordance with provisions of the federal act to conduct all components of the annual refresher training programs as established by the board.
Thereafter, in the implementation of the programs, the director shall make available such annual refresher training at no cost to all workers at small mines, quarries, preparation plants and load-out facilities including all employees performing services or construction at such small mines, quarries, preparation plants, and load-out facilities by utilizing the mine safety instructors employed at the West Virginia office of miners' health, safety and training to conduct such annual refresher training as established by the board: Provided, That employment at the operations may not exceed a total of fifty employees per operation in order to qualify for such training under this section: Provided, however, That the operator of any small mine, quarry, preparation plant or load-out facility or the operator performing services or construction at any small mine, quarry, preparation plant or load-out facility must possess a current permit of approval extension in accordance with subsection (a) or subsection (b), section sixty-three, article two of chapter twenty-two-a or a certificate of approval extension in accordance with subsection (c), section sixty-three, article two of chapter twenty-two-a, whichever may be applicable: Provided further, That operations not qualifying for the annual refresher training under this section must obtain such annual refresher training as established by the board by utilizing instructors certified to conduct the training in accordance with provisions of the federal act and in accordance with stipulations to be established by the board and implemented by the director no later than the first day of January, one thousand nine hundred ninety-seven.





NOTE: The purpose of this bill is to raise the salaries of various types of mine inspectors. It also mandates the development of several training and retraining courses. Fees for approval of the opening or reopening of mines, quarries, preparation plants, load-out facilities and cement manufacturing plants are raised.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.