Senate Bill No. 499
(By Senators Love and Ball)
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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 salary and expenses
of professional exempt employees in state office of miners'
health, safety and training.
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 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.
Effective on the first day of July, one thousand nine
hundred ninety-seven, the salary for a mine safety instructor
shall be not less than twenty-one thousand six hundred seventy-
two dollars per year,
is thirty-five thousand four hundred forty-
four dollars per year, and effective on the first day of July,
one thousand nine hundred ninety-eight, the salary for a mine
safety instructor is not less than thirty-eight thousand five
hundred twelve dollars per year, with annual gradations of five
hundred dollars thereafter, and shall be fixed by the director,
who shall take into consideration ability, performance of duty
and experience. Such Each mine safety instructor shall devote
all of his or her time to the duties of the office and shall
receive mileage at the rate of not less than that rate which is
established by the state office of travel management and is in
effect at the time such mileage is incurred for each mile
actually traveled in the discharge of his or her official duties
in a privately owned vehicle. No reimbursement for traveling
expenses shall be made except on an itemized accounting for such
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.
Effective on the first day of July, one thousand nine
hundred ninety-seven, the salary of a mine electrical inspector
shall be not less than thirty thousand four hundred eighty
dollars per year, is 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 is not less than forty-six thousand three
hundred twenty dollars per year, with annual gradations of five
hundred dollars thereafter, and shall be fixed by the director,
who shall take into consideration ability, performance of duty
and experience. Each mine electrical inspector shall devote all
of his or her time to the duties of the office and shall receive
mileage at the rate of not less than that rate which is
established by the state office of travel management and is in
effect at the time such mileage is incurred for each mile
actually traveled in the discharge of his or her official duties
in a privately owned vehicle.
No reimbursement for traveling
expenses shall be made except on an itemized accounting for such
expense submitted by the electrical inspector, who shall verify
upon oath that such 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 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) Effective on the first day of July, one thousand nine
hundred ninety-seven, salaries of district inspectors shall not
be less than twenty-eight thousand fifty-six dollars per year ;
are thirty-nine thousand eight hundred ninety-six dollars per
year; assistant inspector-at-large, not less than thirty thousand
one hundred eight dollars per year; forty-three thousand twenty-
two dollars per year; inspectors-at-large, not less than thirty-
one thousand five hundred seventy-two dollars per year, forty-
four thousand five hundred four dollars per year. Effective on
the first day of July, one thousand nine hundred ninety-eight,
salaries of district inspectors are not less than forty-four
thousand eight hundred ninety-six dollars per year with annual
gradations of five hundred dollars thereafter; assistant
inspectors-at-large, not less than forty-six thousand nine hundred forty-eight dollars per year with annual gradations of
five hundred dollars thereafter; inspectors-at-large, not less
than forty-eight thousand four hundred twelve dollars per year
with annual gradations of five hundred dollars thereafter, and
they all district inspectors, assistant inspectors-at-large and
inspectors-at-large shall receive mileage at the rate of not less
than twenty cents that rate which is established by the West
Virginia office of travel management and is in effect at the time
such mileage is incurred 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. Subject to the approval of the mine
inspectors' examining board and within the limits provided by
law, the salary of each inspector 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 account of such 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 and 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
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 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
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 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 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. Effective on the first day of July, one thousand nine
hundred ninety-seven, salaries of surface mine inspectors shall
be not less than twenty-one thousand seven hundred eighty dollars
per year. are thirty-five thousand nine hundred sixty-eight
dollars per year, and effective on the first day of July, one
thousand nine hundred ninety-eight, salaries of surface mine
inspectors are not less than thirty-nine thousand six hundred
twenty dollars per year with annual gradations of five hundred
dollars thereafter, and shall be fixed by the director, who shall
take into consideration ability, performance of duty and
experience. 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. that rate which is
established by the state office of travel management and is in
effect at the time such mileage is incurred for each mile
actually traveled in the discharge of his or her official duties
in a privately owned vehicle.
No reimbursement for traveling
expenses shall be made except on an itemized accounting for such
expense submitted by the surface inspector, who shall verify upon
oath that such expenses were actually incurred in the discharge
of his or her official duties.
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; 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 Effective on the first day of July, one thousand nine hundred
ninety-eight, mine foremen examiners shall be paid a minimum
salary of thirty-one thousand thirty-two dollars per year.
thirty-eight thousand five hundred twelve dollars per year with
annual gradations of five hundred dollars thereafter, and shall
be fixed by the director, who shall take into consideration
ability, performance of duty and experience. The examiner shall
devote all of his or her time to the duties of office and shall
receive mileage at a rate not less than that rate which is
established by the state office of travel management and is in
effect at the time such mileage is incurred for each mile
actually traveled in the discharge of his or her official duties
in a privately owned vehicle.
No reimbursement for traveling
expenses shall be made except on an itemized accounting for such
expense submitted by the examiner, who shall verify upon oath
that such expenses were actually incurred in the discharge of his
or her official duties.
NOTE: The purpose of this bill is to update the 1982
minimum salary levels for professional, exempt employees working in the West Virginia office of miners' health, safety and
training in order to more accurately reflect the current minimum
salary levels; to provide for salary increases for certain of
these employees; and to update language pertaining to mileage
rates and expenses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.