H. B. 2384


(By Delegates Frederick, Kuhn,

Fletcher and Yeager)


[Introduced February 20, 2001; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact sections eight, nine, eleven, twelve and thirteen, article one, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to mine inspectors; districts and divisions; employment; tenure; oath; bond; mine safety instructors; qualifications; employment; compensation; employment of electrical inspectors; qualifications; salary and expenses; eligibility for appointment as mine inspector; qualifications; salary and expenses; removal; eligibility for appointment as surface mine inspector; qualifications; salary and expenses; and removal.

Be it enacted by the Legislature of West Virginia:

That sections eight, nine, eleven, twelve and thirteen, 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-1-8. Mine inspectors; districts and divisions; employment; tenure.

Notwithstanding any other provisions of law this code to the contrary, mine inspectors shall be selected, serve and be removed as provided in this article. provided
The director, in consultation with the Legislature, shall divide the state into not more than forty-five a sufficient number of mining districts and not more than five mining divisions, so as to equalize, as far as practical, the work of each inspector. The director may assign inspectors to districts and may designate and assign not more than one inspector-at-large to each division and one assistant inspector-at-large to each division. The director shall may designate the places of abode of inspectors at points convenient to the mines of their respective districts, and, in the case of inspectors inspectors-at-large, and assistant inspectors-at-large, their respective divisions.
Except as in the next preceding paragraph provided, All mine inspectors appointed after the mine inspectors' examining board has certified to the director an adequate register of qualified eligible candidates, in accordance with section eleven of this article so long as such the register contains the names of at least three qualified eligible candidates, shall be appointed from the names on such register. Each original appointment shall be made by the director for a probationary period of not more than one year.
The director shall make each appointment from among the three qualified eligible candidates on the register having the highest grades: Provided, That the director may, for good cause, at least thirty days prior to making an appointment, strike any name from the register. Upon striking any name from the register, the director shall immediately notify in writing each member of the mine inspectors' examining board of the action, together with a detailed statement of the reasons therefor. Thereafter, if the mine inspectors' examining board finds, after hearing, if it finds that the action of the director was arbitrary or unreasonable, it may then order the name of any candidate so stricken from the register to be reinstated thereon. Such The reinstatement is shall be effective from the date of removal from the register.
The name of any candidate passed over for appointment for three years shall be automatically stricken deleted from the register automatically.
After having served for a probationary period of one year to the satisfaction of the director, a mine inspector has permanent tenure, subject only to dismissal only for cause in accordance with the applicable provisions of section twelve of this article. No mine inspector, while in office, shall may be directly or indirectly interested as owner, lessor, operator, stockholder, superintendent or engineer of any coal mine. Before entering upon the discharge of the duties as a mine inspector, he or she shall take the oath of office prescribed by section 5, article IV of the constitution of West Virginia and shall execute a bond in the penalty of two thousand dollars, with security to be approved by the director, conditioned upon the faithful discharge of his or her duties, a certificate of which oath and bond shall be filed in the office of the secretary of state.
The district inspectors, surface inspectors, electrical inspectors, inspectors-at-large and assistant inspectors-at-large, together with the director, shall make all inspections authorized by this article and article two of this chapter and shall perform such other duties as are imposed upon mine inspectors by this article and articles two, four and eight of this chapter and by any applicable legislative rules.
§22A-1-9. Employment of mine safety instructors; eligibility; qualifications; examinations; salary; provisions relating to district mine inspectors applicable to mine safety instructors.

(a) The office shall employ eleven or more a sufficient number of mine safety instructors as the director, in consultation with the mine inspectors' examining board, determines to be reasonably necessary in fully and effectively carrying out the applicable provisions of this chapter and to equalize, as far as practical, the work of each mine safety instructor.
(b) 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 twenty-four years of age, and of good character and reputation, and of temperate habits; and (2) a person who has had at least five years' years of practical experience in first aid and mine rescue work coal mines: Provided, That graduation from any accredited college of mining engineering may be considered equivalent to two years of practical experience; (3) a person and who has had practical experience with dangerous gases found in coal mines and who has a good theoretical and practical knowledge of mines, mining methods, mine ventilation, sound safety practices and applicable mining laws and rules; and (4) a person who possesses a West Virginia mine foreman-fireboss certification and who has been a supervisor on a working section for at least three years; or a person who has had at least one year of experience as an actual working team member of a mine rescue team, or at least five years of experience as a member of a first aid team or emergency medical technician team; or has had at least six months of experience as the safety director of a mine; or has had at least five years of experience as an active member of a mine safety committee. For the purpose of this section, practical experience means the performance of normal mining duties requiring a person to hold a certificate of competency and qualification as an experienced miner or a permit of apprenticeship as an inexperienced miner prior to actually performing such duties.
(c) In order to qualify for appointment as a mine safety instructor an eligible applicant shall submit to a written, and oral and practical examination given examinations administered by the mine inspectors' examining board and furnish evidence of good health, character and other facts establishing eligibility as the board may require. The examination examinations shall relate to the duties to be performed by a mine safety instructor and, may subject to the approval of the mine inspectors' examining board, may be prepared by the director. If the board finds after investigation and examination that the an applicant: (1) Is eligible for appointment; and (2) has passed all oral and written examinations each required examination with a grade of at least eighty seventy-five percent, the board shall add such the applicant's name and grade grades to a the register of qualified eligible candidates and promptly certify its action in writing to the director. The director may then appoint one of the candidates from the three having the highest grades.
(d) The salary for a mine safety instructor shall be not less than twenty-one thousand six hundred seventy-two dollars per year. Mine safety instructors shall be paid an annual salary of not less than thirty-seven thousand one hundred sixty-four dollars, and which shall be fixed by the director, who shall take into consideration ability, performance of duty, and experience and initiative. Such instructor Mine safety instructors shall devote all of his or her their time to the duties of the office. 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.
(e) Except as expressly provided in this section to the contrary, all provisions of this article relating to the eligibility, qualification, appointment, tenure, and removal and reinstatement of mine inspectors, as well as those provisions relating to compensatory time and reimbursement for necessary expenses, are applicable to mine safety instructors.
§22A-1-11. Employment of electrical inspectors; eligibility; qualifications; examinations; salary provisions relating to district mine inspectors applicable to electrical inspectors.

(a) The office shall employ five or more a sufficient number of electrical inspectors as the director, in consultation with the mine inspectors' examining board, determines to be reasonably necessary in fully and effectively carrying out the applicable provisions of this chapter and to equalize, as far as practical, the work of each electrical inspector.
(b) 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 and reputation, and of temperate habits; and (2) a person who has had seven years' years of practical electrical experience in coal mines, or a degree in electrical engineering from an accredited electrical engineering school and one years' year of practical electrical experience in underground coal mining. For the purpose of this section, practical electrical experience means the performance of duties requiring a person to be a certified electrician, as that term is defined in subdivision (2), subsection (d), section two of this article, prior to actually performing such duties.
(c) In order to qualify for appointment as a mine an electrical inspector, an eligible applicant shall submit to a written, and oral and practical examination examinations given administered by the mine inspectors' examining board and furnish evidence of good health, character and other facts establishing eligibility as the board may require. The examination examinations shall relate to the duties to be performed by an electrical inspector and, subject to the approval of the mine inspectors' examining board, may be prepared by the director. If the board finds after investigation and examination that the an applicant: (1) Is eligible for appointment; and (2) has passed all oral and written examinations each required examination with a grade of at least ninety eighty percent, the board shall add such the applicant's name and grade grades to a the register of qualified eligible candidates and promptly certify its action in writing to the director. The director may then appoint one of the candidates from the three having the highest grade grades.
(d) The salary of a mine electrical inspector shall be not less than thirty thousand four hundred eighty dollars per year. Electrical inspectors shall be paid an annual salary of not less than forty-two thousand seventy-two dollars, and which shall be fixed by the director, who shall take into consideration ability, performance of duty, and experience and initiative. 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. Electrical inspectors shall devote all of their time to the duties of the office.
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.
(e) Except as expressly provided in this section to the contrary, all provisions of this article relating to the eligibility, qualification, appointment, tenure, and removal and reinstatement of mine inspectors, as well as those provisions relating to compensatory time and reimbursement for necessary expenses, are applicable to electrical inspectors.
§22A-1-12. Employment of mine inspectors; eligibility; qualifications; examinations; salary and expenses; reinstatement; removal.

(a) The office shall employ as many mine inspectors as the director, in consultation with the mine inspectors' examining board, considers necessary to equalize, as far as practical, the work of each mine inspector.
(a) No person is To be eligible for appointment employment as a mine inspector unless, at the time of his or her probationary employment, he or she the applicant shall be: (1) is A citizen of West Virginia, in good health, not less than twenty-four years of age, and of good character and reputation and of temperate habits; (2) a person who has had at least six years' years of 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 may be considered the equivalent of two years' years of practical experience; (3) a person who has had practical experience with dangerous gases found in coal mines; and (4) a person who has a good theoretical and practical knowledge of mines, mining methods, mine ventilation, sound safety practices and applicable mining laws and rules. For the purpose of this section, practical experience means the performance of normal mining duties requiring a person to hold a certificate of competency and qualification as an experienced underground miner or a permit of apprenticeship as an inexperienced underground miner prior to actually performing those duties.
(b) In order to qualify for appointment as a mine inspector an eligible applicant shall submit to a written, and oral and practical examination examinations administered by the mine inspectors' examining board and furnish such evidence of good health, character and other facts establishing eligibility as the board may require. The examinations shall relate to the duties to be performed by a mine inspector and, subject to the approval of the mine inspectors' examining board, may be prepared by the director. If the board finds after investigation and examination that an applicant: (1) Is eligible for employment; and (2) has passed all written and oral examinations each required examination with a grade of at least eighty seventy-five percent, the board shall add such the applicant's name and grade grades to the register of qualified eligible candidates and promptly certify its action in writing to the director. The director may then appoint one of the candidates from the three having the highest grades. 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. 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. 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. District mine inspectors shall be paid an annual salary of not less than thirty-nine thousand two hundred seventy-six dollars; assistant inspectors-at-large, not less than forty-three thousand six hundred ninety-two dollars; inspectors-at-large, not less than forty-five thousand three hundred forty-eight dollars, each of which shall be fixed by the director, who shall take into consideration ability, performance of duty, experience and initiative. In accordance with established rules of the state's travel management office, mine inspectors shall also be allowed and paid expenses necessarily incident to the performance of their official duties: Provided, That no reimbursement for expenses may be made other than upon the timely submittal of a properly itemized expense account settlement completed by the mine inspector, approved and countersigned by the director, or designated representative thereof, verifying that the expenses were actually incurred in the performance of official duties. Mine inspectors shall devote all of their time to the duties of the office and Every inspector shall be afforded compensatory time or compensation of at least his or her their regular rate of pay for all time worked 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 mine inspectors' examining board and the director.
(e) A mine inspector, after having received a permanent appointment, shall may be removed from office only for physical or mental impairment, incompetency, neglect of duty, drunkenness, public intoxication, malfeasance in office or other similarly 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 may be initiated by a verified petition, filed with the mine inspectors' examining 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 this 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 of the alleged facts, which, if true, warrant the removal of the inspector, the director shall cause an investigation of the alleged 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 the hearing. No continuance shall may be granted except for good cause shown. The chair of the board and the director have power to administer oaths and subpoena witnesses.
If any mine inspector who against whom a petition has been filed willfully refuses or fails to appear before the board, or having appeared, refuses to answer under oath any relevant question on the grounds basis 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 then the inspector 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. Employment of surface mine inspectors; eligibility; qualifications; examinations; salary provisions relating to district mine inspectors applicable to surface mine inspectors.

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. 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.
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.
The office shall employ as many surface mine inspectors as the director, in consultation with the mine inspectors' examining board, considers necessary to equalize, as far as practical, the work of each inspector.
(a) To be eligible for employment as a surface mine inspector the applicant shall be: (1) A citizen of West Virginia, in good health, not less than twenty-four years of age, of good character and reputation and of temperate habits; (2) a person who has had at least five years of practical experience in coal mines: Provided, That graduation from any accredited college of mining engineering may be considered the equivalent of two years of practical experience; and (3) a person who has a good theoretical and practical knowledge of surface mines, surface mining methods, sound safety practices and applicable mining laws and rules. For the purpose of this section, practical experience means the performance of normal mining duties requiring a person to hold a certificate of competency and qualification as an experienced surface miner or a permit of apprenticeship as an inexperienced surface miner prior to performing those duties.
(b) In order to qualify for appointment as a surface mine inspector an eligible applicant shall submit to written, oral and practical examinations administered by the mine inspectors' examining board and furnish evidence of good health, character and other facts establishing eligibility as the board may require. The examinations shall relate to the duties to be performed by a surface mine inspector, and subject to the approval of the mine inspectors' examining board, may be prepared by the director. If the board finds after investigation and examination that an applicant is: (1) Eligible for appointment; and (2) has passed each required examination with a grade of at least seventy-five percent, the board shall add the applicant's name and grades to the register of qualified eligible candidates and promptly certify its action in writing to the director. The director may then appoint one of the candidates from the three having the highest grades.
(c) Surface mine inspectors shall be paid an annual salary of not less than thirty-six thousand five hundred seventy-six dollars, which shall be fixed by the director, who shall take into consideration ability, performance of duty, experience and initiative. Surface mine inspectors shall devote all of their time to the duties of the office.
(d) Except as expressly provided in this section to the contrary, all provisions of this article relating to the eligibility, qualification, appointment, tenure, removal and reinstatement of district mine inspectors, as well as those provisions relating to compensatory time and reimbursement for necessary expenses, are applicable to surface mine inspectors.


NOTE: The purposes of this bill are to standardize the structural format of these sections to make them more easily understandable; to require the director to consult with the Legislature when dividing the state into mining districts and divisions; to require the director to consult with the mine inspectors' examining board when establishing the minimum number of inspectors and instructors that will be necessary to carry out the provisions of this code; to delete the oath of office and bond-posting requirements for inspection and training personnel; to clarify the meaning of "practical experience" as it relates to eligibility requirements for vacant exempt positions; to revise work experience requirements for mine safety instructor applicants; to repeal work experience requirements that discriminate against West Virginia coal mining citizens seeking appointment to the positions of district mine inspector or surface mine inspector; to revise and clarify minimum passing scores for inspector and instructor examinations; to update the salary levels of inspection and training personnel to actual current levels (the levels in the code are fifteen years old); to authorize the director to prepare examinations for district mine inspector and electrical inspector applicants; to provide that a mining engineering degree will be considered the equivalent of two years of practical experience for surface mine inspector or mine safety instructor applicants; and to effect technical cleanup of these sections by making other minor stylistic changes and grammatical corrections.

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