H. B. 2888
By Delegates Hamilton, Barker, M. Poling,
Mahan, Marshall, Moore, D. Poling, Caputo,
Longstreth, Ellem and Savilla
[Passed March 12, 2011; in effect ninety days from passage.]
AN ACT to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22A-6-12; relating
to directing the Board of Coal Mine Health and Safety to
conduct study of strengthening of protections for
whistleblowers of unsafe working conditions in mines.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931 as amended, be amended by
adding thereto a new section, designated §22A-6-12, to read as
ARTICLE 6. BOARD OF COAL MINE HEALTH AND SAFETY.
§22A-6-12. Study of whistleblower protections.
Study of Whistleblower protections. --
The Board of Coal Mine
Health and Safety
is directed to conduct a study of the need to
expand protections for whistleblowers and other miners who refuse
to work in situations they perceive as unsafe in underground mines.
The Board shall study the benefits and appropriateness of requiring additional protections that will encourage miners to withdrawal
from and report unsafe working conditions. The Board shall
investigate whether any pattern of retribution exists against these
persons, and if so make recommendations to the Legislature
regarding implementing additional protections. The Board shall
report to the Legislature's Joint Committee on Government and
Finance by December 31, 2011 with recommendations regarding whether
it is appropriate to implement any additional protections.