HOUSE CONCURRENT RESOLUTION NO. 75

(By Delegates J. Nelson, Statler, R. Phillips, McGeehan, R. Smith, Marcum,

                                                Wagner, P. Smith, Ihle, Eldridge and H. White)

Urging Joe Main, the Assistant Secretary for the Mine Safety & Health Administration ("MSHA") to reverse the agency's practice of requiring dust scrubbers on continuous mining machines be turned off in certain circumstances.

            Whereas, A recent study by National Institute of Safety and Health ("NIOSH") concluded coal miners could be unnecessarily exposed to higher levels of respirable dust in a section in which a scrubber is not operating; and

            Whereas, MSHA has not provided justification for the requirement to turn off scrubbers in certain circumstances; and

            Whereas, MSHA should take immediate and concrete steps to make the issue of scrubbers an immediate priority for the sake of miners' health; and

            Whereas, Miners deserve access to the cleanest air that technology can provide; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature urges Joe Main, the Assistant Secretary for Mine Safety & Health ("MSHA") to reverse the agency's practice of requiring dust scrubbers on continuous mining machines be turned off in certain circumstances and for the West Virginia Office of Health Safety and Training to additionally urge MSHA to allow machine mounted scrubbers to be used without restriction; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to Joe Main, the Assistant Secretary for MSHA, Eugene White, Director of the Office of Miners' Health, Safety and Training, the President of the United States, members of the West Virginia congressional delegation, the Majority Leader of the United States Senate and the Speaker of the United States House of Representatives.