Senate Bill No. 544
(By Senators Anderson, Sharpe, Chafin, Ross, Fanning, Bailey,
Ball and Helmick)
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[Introduced February 16, 1999; referred to the Committee on
Energy, Industry and Mining; and then to the Committee on
Finance.]
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A BILL to amend article one, chapter twenty-two-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-nine, relating to office of miners' health, safety
and training; administration; enforcement; and reciprocity
of mine foreman certification and experienced miner
certification.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-two-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-nine, to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; ENFORCEMENT.
§22A-1-39. Reciprocity of mine foreman certification and
experienced miner certification.
Beginning the first day of April, one thousand nine hundred
ninety-nine, and notwithstanding any other provisions in this
code to the contrary, the director, in consultation with the
board of miner training, education and certification, established
pursuant to the provisions of article seven of this chapter,
shall make reciprocity of mine foreman certification and
experienced miner certification available to persons certified by
states which accept West Virginia's mine foreman or experienced
miner certifications and whose qualification, examination and
certification criteria are substantially equivalent to those
utilized by this state.
Persons requesting either of these certifications by
reciprocity shall submit photographic identification, a current
copy of his or her certification card or certificate, verifiable
documentation of all degrees held, continuing education
successfully completed, and documentation of other training, if
required for the certification, and shall also comply with any other criteria as the director, in consultation with the board of
miner training, education and certification, may reasonably
require from time to time to effectively carry out the provisions
of this section: Provided, That such criteria shall include, but
is not limited to, the following minimum requirements: (1) When
a reciprocity agreement applicable to mine foreman certification
has been established with another state, any applicant holding a
mine foreman certificate from that state will be required to take
the component of the West Virginia mine foreman certification
examination that pertains only to specific West Virginia mining
laws and rules and must pass the examination with a score of at
least eighty percent prior to being issued a West Virginia mine
foreman certificate; (2) when a reciprocity agreement applicable
to experienced miner certification has been established with
another state, any applicant holding an experienced miner's
certificate from that state shall receive hazard training in
accordance with provisions contained in 30 CFR Part 48.11 if the
applicant is an underground miner, or in accordance with the
provisions contained in 30 CFR Part 48.31 if the applicant is a
surface miner, and shall receive instruction in West Virginia mining laws and rules pertinent to any duties that are or will
be assigned the miner prior to the miner performing any duties;
and (3) records of all such training and instruction shall be
kept in a book provided exclusively for that purpose which shall
be made available upon request to an authorized representative of
the director and to authorized representatives of miners in or at
the mine.
NOTE: The purpose of this bill is to establish reciprocity
of mine foreman certification and experienced miner certification
with other coal-producing states which recognize West Virginia's
mine foreman certification and experienced miner certification
and whose qualifications, examinations, and certification
criteria are substantially equivalent to West Virginia's.
This section is new; therefore, strike-throughs and
underscoring have been omitted.