H. B. 4491
(By Delegates Frederick, Caputo, Kuhn,
Varner, Pethtel, Stemple and Kominar)
[Introduced February 16, 2004; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §22A-1-8, §22A-1-9, §22A-1-11,
§22A-1-12 and §22A-1-13 of the code of West Virginia, 1931, as
amended, all relating to mine inspectors; districts and
regions; employment; tenure; oath; bond; mine safety
instructors; qualifications; employment; compensation;
employment of electrical inspectors; qualifications; salary
and expenses; eligibility for appointment as an underground
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 §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 and §22A-1-13 of
the code of West Virginia, 1931, 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; regions and districts; 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 shall divide the state into not more than
forty-five mining districts a sufficient number of mining districts
and not more than five mining divisions regions, 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 region. 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 regions.
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 an employee, 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, 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. Mine safety instructors; eligibility; qualifications;
examinations; salary; provisions relating to
underground 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 determines to be
reasonably necessary in fully and effectively carrying out the
applicable provisions of this chapter.
(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, at least
two years of which shall have been in mines in this state:
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 three
years of experience as an actual working team member of a mine
rescue team, or at least three years of experience as a member of
a first aid team or emergency medical technician team; or has had
at least three years of experience as the safety director, or the
equivalent as approved by the mine inspectors examining board, of
a mine; or has had at least three 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 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
each required examination with a grade of at least eighty
seventy-five percent or an overall combined average score of 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 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 four hundred dollars, which and shall be
fixed by the director, who shall take into consideration ability,
performance of duty and experience. 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 of
underground 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 underground mine inspectors applicable
to electrical inspectors.
(a) The office shall employ five or more a sufficient number
of electrical inspectors
as the director determines to be
reasonably necessary in fully and effectively carrying out the
applicable provisions of this chapter.
(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 twenty-four
years of age, and of good character and reputation and of temperate habits; and (2) a person who has had seven years' five years of
practical electrical experience in coal mines, at least two years
of which have been in mines in this state, or a degree in
electrical engineering from an accredited electrical engineering
school and one year's three years 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 examination given oral and practical examinations
administered 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 an applicant: (1) Is eligible for
appointment; and (2) has passed all oral and written examinations
the required examinations with a an average grade of at least
ninety eighty percent, the board shall add such the applicant's
name and grade grades to a the
a 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 eight hundred twenty-eight dollars, and
which 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 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, qualifications, appointment, tenure and removal of
mine inspectors, as well as those provisions relating to
compensatory time and reimbursement for necessary expenses, are
applicable to mine electrical inspectors,
§22A-1-12. Employment of underground mine inspectors; eligibility; qualifications; examinations; salary
and expenses; reinstatement; and removal.
(a) The office shall employ as many underground mine
inspectors as the director determines to be reasonably necessary in
fully and effectively carrying out the applicable provisions of
this chapter.
(a)(b) No person is To be eligible for appointment
employment 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 and reputation and of temperate habits; (2)
a person who has had at least six years' five years of practical
experience in coal mines, at least three two 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.
(b) (c) In order to qualify for appointment as a an
underground mine inspector, an eligible applicant shall submit to
a written, and oral examination and practical examination
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 an
underground 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 appointment; and (2) has passed all
written and oral examinations each required examination with a an
average grade of at least eighty seventy-five percent, or an
overall combined average score of eighty 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) (d) 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. Every inspector
Underground mine
inspectors shall be paid an annual salary of not less than
thirty-eight thousand one hundred sixty dollars; assistant
inspectors-at-large, not less than forty-four thousand four hundred
forty-eight dollars; inspectors-at-large, not less than forty-six
thousand one hundred four dollars, each of which shall be fixed by
the director, who shall take into consideration ability,
performance of duty, and experience. In accordance with
established rules of the state's travel management office,
underground 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 underground 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. Underground mine inspectors shall
devote all of their time to the duties of the office and
shall be
afforded compensatory time or compensation of at least his or her
regular rate for all time in excess of forty-two forty 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 An underground 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 an underground 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 an
underground 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
an underground 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 chairman
of the board and
the director have power to administer oaths and subpoena witnesses.
If any mine inspector who against whom such 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; qualifications;
examinations; salary; provisions relating to
underground mine inspectors applicable to surface
mine inspector.
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.
(a) The office shall employ as many surface mine inspector as
the director determines to be reasonably necessary in fully and
effectively carrying out the applicable provisions of this chapter.
(b) 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, at least
two years of which shall have been in surface mines in this state:
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 competence and qualification as an experienced
surface miner.
(c) 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, or an overall combined average score of eighty 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.
(d) Surface mine inspectors shall be paid an annual salary of
not less than thirty-seven thousand three hundred thirty-two
dollars, which shall be fixed by the director, who shall take into
consideration ability, performance of duty, and experience.
Surface mine inspectors shall devote all of their time to the
duties of the office.
(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 of
underground 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 delete the bond-posting requirements for
inspection and training personnel; to clarify the meaning of
"practical experience" as it relates to eligibility requirements
for vacant inspector or instructor 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 underground mine inspector or surface mine inspector; to revise
and clarify minimum passing scores for inspector and instructor
examinations; 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 clean-up 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.