H. B. 2769
(By Delegates Frederick, Kuhn,
Warner
and Collins)
[Introduced February 15, 1999;
Referred to the Committee on the Judiciary.]
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 of this
chapter to the contrary, the director, in consultation with the
board of miner training, education, and certification established
and continued pursuant to the provisions of article seven of this
chapter, shall make reciprocity of mine foreman certification
and/or 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 not necessarily be limited to
the following minimum requirements: 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: Provided further,
That 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 30CFR Part 48.11 if the applicant is an underground
miner, or in accordance with provisions contained in 30CFR 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 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 of experienced miner
certification with other coal-producing states who recognize West
Virginia's mine foreman certification or experienced miner
certification or both and whose qualification, examination, and
certification criteria are substantially equivalent to West
Virginia's.
Chapter twenty-two-a, article one, section thirty-nine is new;
therefore, underscoring and strike-throughs have been omitted.