Senate Bill No. 468

(By Senators Ball and Love)

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[Introduced March 24, 1997; referred to the Committee
on Energy, Industry and Mining; and then to the Committee on Finance.]
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A BILL to amend and reenact sections nine, eleven, twelve, thirteen and twenty-four, article one, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to mine safety enforcement; increasing minimum salary of mine safety instructors, mine electrical inspectors, district mine inspectors, inspectors-at-large, assistant inspectors-at- large, surface mine inspectors and mine foreman examiners; salary set by director; designated working hours devoted solely to duties of office; compensatory time; mileage reimbursement; and travel expenses.

Be it enacted by the Legislature of West Virginia:
That sections nine, eleven, twelve, thirteen and twenty- four, article one, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, 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 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.
The salary for a mine safety instructor shall be not less than twenty-one thousand six hundred seventy-two dollars per year, and shall be fixed by the director, who shall take into consideration ability, performance of duty and experience. Effective on the first day of July, one thousand nine hundred ninety-seven, the salary of a mine safety instructor shall be set by the director at not less than thirty-five thousand four hundred forty-four dollars per year, and effective on the first day of July, one thousand nine hundred and ninety-eight, the salary of a mine safety instructor shall be set by the director at not less than thirty-eight thousand five hundred twelve dollars per year with graduations of five hundred dollars annually thereafter. In setting the salary, the director shall take into consideration ability, performance of duty and experience. Such Each mine safety instructor shall devote all of his or her time designated working hours to the duties of the office. No reimbursement for traveling expenses shall may 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. A mine safety instructor shall be reimbursed for mileage actually traveled in a privately owned vehicle while in the discharge of official duties, at a rate set by the director not less than the rate established by the West Virginia office of travel management.
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 dollars per year, and shall be fixed by the director, who shall take into consideration ability, performance of duty and experience. Effective on the first day of July, one thousand nine hundred ninety-seven, the salary of a mine electrical inspector shall be set by the director at not less than forty-one thousand nine hundred forty dollars per year and effective on the first day of July, one thousand nine hundred ninety-eight, the salary of a mine electrical inspector shall be set by the director at not less than forty-six thousand three hundred twenty dollars with graduations of five hundred dollars annually thereafter. In setting the salary, the director shall take into consideration ability, performance of duty and experience. Each mine electrical inspector shall devote all of his or her designated working hours to the duties of the office. No reimbursement for traveling expenses shall may be made except on an itemized accounting for such the expense submitted by the mine electrical inspector, who shall verify upon oath that such the expenses were actually incurred in the discharge of his or her official duties. A mine electrical inspector shall be reimbursed for each mile actually traveled in a privately owned vehicle while in the discharge of official duties, at a rate set by the director not less than the rate established by the West Virginia office of travel management.
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 the 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 not be less than twenty-eight thousand fifty-six dollars per year; assistant inspector-at-large, not less than thirty thousand one hundred eight dollars per year; inspectors-at-large, not less than thirty-one thousand five hundred seventy-two dollars per year, and they shall receive mileage at the rate of not less than twenty cents for each mile actually traveled in the discharge of their official duties in a privately owned vehicle. Effective on the first day of July, one thousand nine hundred ninety-seven, the salary of a district inspector is thirty-nine thousand eight hundred ninety-six dollars per year; the salary of an assistant inspector-at-large is forty-three thousand twenty-two dollars per year; and the salary of an inspector-at-large is forty-four thousand five hundred four dollars per year. Effective on the first day of July, one thousand nine hundred ninety-eight, the salary of a district inspector shall be set at not less than forty-four thousand eight hundred ninety-six dollars per year with graduations of five hundred dollars annually thereafter; the salary of an assistant inspector-at-large shall be set at not less than forty-six thousand nine hundred forty-eight dollars per year with graduations of five hundred dollars annually thereafter; and the salary of an inspector-at-large shall be set at not less than forty-eight thousand four hundred twelve dollars per year with graduations of five hundred dollars annually thereafter. Within the limits provided by law, the salary of each district inspector, assistant inspector-at-large, or inspector-at-large shall be fixed set by the director, subject to the approval of the mine inspectors' examining board. In fixing setting the salaries of mine inspectors, the director shall consider ability, performance of duty and experience. Each mine inspector shall devote all of his or her designated working hours to the duties of the office. No reimbursement for traveling expenses shall may be made except on an itemized account of such the expenses submitted by the inspector, who shall verify upon oath, that such the expenses were actually incurred in the discharge of his or her official duties. A mine inspector shall be reimbursed for each mile actually traveled in a privately owned vehicle while in the discharge of official duties, at a rate set by the director not less than the rate established by the West Virginia office of travel management. Every mine inspector or mine safety instructor 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 The 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 the notice, which time shall be not less than fifteen days thereafter. There shall be attached to the copy of the notice served upon the inspector a copy of the petition filed with the board.
At the time and place designated in said the notice, the board shall hear all evidence offered in support of the petition and on behalf of the inspector. Each witness shall be sworn, and a transcript shall be made of all evidence taken and proceedings had at any such 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 dollars per year. In the discharge of their official duties in privately owned vehicles, surface mine inspectors and the surface mine inspector supervisor shall receive mileage at the rate of not less than twenty cents per mile. Effective on the first day of July, one thousand nine hundred ninety-seven, the salary of a surface mine inspector is thirty-five thousand nine hundred sixty-eight dollars per year. Effective on the first day of July, one thousand nine hundred ninety-eight, the salary of a surface mine inspector shall be set by the director at not less than thirty-nine thousand six hundred twenty dollars per year with graduations of five hundred dollars annually thereafter. In setting the salary, the director shall take into consideration ability, performance of duty and experience. Each surface mine inspector shall devote all of his or her designated working hours to the duties of the office. No reimbursement for traveling expenses may be made except on an itemized accounting of the expenses submitted by the surface mine inspector, who shall verify upon oath that the expenses were actually incurred in the discharge of his or her official duties. A surface mine inspector shall be reimbursed for mileage actually traveled in a privately owned vehicle while in the discharge of official duties, at a rate set by the director not less than the rate established by the West Virginia office of travel management.
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. 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 surface mine inspectors.
§22A-1-24. Mine foreman examiner for mine foremen-fire bosses and assistant mine foremen-fire bosses; salary and expenses.

The director shall appoint a mine foreman examiner to examine and certify mine foremen-fire bosses, assistant mine foremen-fire bosses and mine examiners or fire bosses. Such mine foremen examiners shall be paid a minimum salary of thirty-one thousand thirty-two dollars per year. Effective on the first day of July, one thousand nine hundred ninety-eight, the salary of a mine foreman examiner shall be set by the director at not less than thirty-eight thousand five hundred twelve dollars per year with graduations of five hundred dollars annually thereafter. In setting the salary, the director shall take into consideration ability, performance of duty and experience. Each mine foreman examiner shall devote all of his or her designated working hours to the duties of the office. No reimbursement for traveling expenses may be made except on an itemized accounting of the expense submitted by the mine foreman examiner. A mine foreman examiner shall be reimbursed for each mile actually traveled in a privately owned vehicle while in the discharge of official duties, at a rate set by the director not less than the rate established by the West Virginia office of travel management.


NOTE: The purpose of this bill is to increase the minimum salary levels of professional, exempt employees working in the West Virginia Office of Miners' Health, Safety and Training to bring salary levels more closely in line with their counterparts in the federal government and surrounding states.

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