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.