SB 677 — Relating generally to miners' safety, health, and training standards

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 677 By Senators Phillips, Caputo, Smith, Romano, Hamilton, Karnes, Lindsay, Unger, and Woodrum [Originating[Passed inApril the9, Committee2021; on the Judiciary;

reportedin oneffect March90 27,days 2021]from passage]     AAN BILLACT to amend and reenact §22A-1-2 and §22A-1-12 of the Code of West Virginia, 1931, as amended;

The term “permissible” means any equipment, device, or explosive that has been approved as permissible by the Federal federal Mine Safety and Health administration Administration and/or the United States Bureau of Mines and meets all requirements, restrictions, exceptions, limitations, and conditions attached to such classification by that agency or the bureau.

The term “mine inspector” means a state mine inspector provided for in section eight of this article §22A-1-8 of this code.

The term “shot firer” means any person having had at least two years of practical experience in coal mines, who has a knowledge of ventilation, mine roof and timbering, and who has demonstrated his or her knowledge of mine gases, and the use of a flame safety lamp, and other approved gas detecting devices by examination and certification given him or her by the office.

(2) ProceedingsThe fordirector themay removalremove of an underground mine inspector mayat beany initiatedtime byfor the directorreasons wheneverset thereforth isin reasonable§22A-1-12(e)(1) causeof tothis believecode. that adequate cause exists, warranting removal.

TheUpon proceedingsuch mayremoval, bethe initiatedinspector byshall abe verifiedprovided petition,a filedwritten withnotice theof mineremoval, inspectors'describing examiningthe boardcause(s) byfor theremoval director,and setting forth with particularity the facts allegedon Thewhich directorthe mayremoval removewas anbased.  undergroundNot mineless inspectorthan at20 anyreputable timecitizens, forwho theare reasonsoperators setor forthemployees in §22A-1-12(e)(1)mines ofin this code.state, may petition the director for the removal of an underground mine inspector.

Upon such removal, the inspector shall be provided a written notice of removal, describing the cause(s) for removal and setting forth with particularity the facts on which the removal was based.

 Not less than 20 reputable citizens, who are operators or employees in mines in this state, may petition the director for the removal of an underground mine inspector.

If, after the investigation, the director finds that there is substantial evidence,evidence which, if true that warrants removal of the inspector, the director shall file a petition with the board requesting removal of the inspector remove the inspector and provide him or her a written notice of removal, describing the cause(s) for removal and setting forth with particularity the evidence found in the investigation:

Provided, That in all cases of removal, the inspector may request, in writing, a hearing before the Board of Coal Mine Health and Safety within 15 days of receipt of the notice of removal.  The director shall provide the inspector written notice of the right to a hearing in the notice of removal.

 The(3) directorIf the inspector requests a hearing in writing, the board shall promptly schedule a hearing and provide notice to the inspector writtenof noticethe oftime and place for such hearing, at which time and place the rightboard toshall ahear hearingall evidence offered in support of the noticeremoval and on behalf of removal.the inspector.

(3) On receipt of a petition by the director seeking removal of an underground mine inspector, the board shall promptly notify the inspector to appear before it at a time and place designated in 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 (4) (3) At the time and place designated in the notice If the inspector requests a hearing in writing, the board shall promptly schedule a hearing and provide notice to the inspector of the time and place for such hearing, at which time and place the board shall hear all evidence offered in support of the petition removal and on behalf of the inspector.

The chair of the board and the director have power to administer oaths and subpoena witnesses The administrator of the board, or in their absence a member of the board designated by the board, has the power to administer oaths and subpoena witnesses.

(5) (4) If any mine inspector against whom a petition has been filed If any removed mine inspector requests a hearing and thereafter willfully refuses or fails to appear before the board, or having appeared, refuses to answer under oath any relevant question on the basis that the testimony or answer might incriminate him or her or refuses to waive immunity from prosecution because of any relevant matter about which the inspector may be asked to testify, then the inspector shall forfeit his or her position.

(6) (5) If, after hearing, the board finds that the inspector should be removed, it shall enter an order to that effect If the inspector fails to request a hearing in writing, or after requesting a hearing in writing and such hearing having been held, the board finds that the inspector should be removed based on a preponderance of the evidence, the board shall enter an order to that effect.  Should the board find that the inspector should not have been removed, the inspector shall be reinstated.

No shots shall be fired in any place known to liberate explosive gas, until such place has been properly examined by a competent person who is designated by mine management for that purpose, and no shots shall be fired in any place where gas is detected with a permissible flame safety lamp an approved gas detecting device until such gas has been removed by means of ventilation.

(7) Capacitors used for power factor connection correction shall be noninflammable nonflammable liquid filled.

Disconnecting devices shall be locked out and suitably tagged by the persons who perform each person who performs such work, except that in cases where locking out is not possible, such devices shall be opened and suitably tagged by such persons who installed them, or, if such persons are unavailable, by qualified persons authorized by the operator or his or her agent.

The provisions of this subdivision shall not become became effective until on January 1, 1978.

(43) Except where waived by the director, metallic frames, casings and other enclosures of electric equipment that can become alive through failure of insulation or by contact with energized parts shall be grounded, and on or before January 1, 1978, shall have a ground monitoring system.

(45) The attachment of grounding wires to a mine tract track or other grounded power conductor will be approved if separate clamps, suitable for such purpose, are used and installed to provide a solid connection.

Within 100 feet of the point on the surface where high-voltage circuits enter the underground portion of the mine, disconnecting devices shall be installed and so equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected, except that the director or his or her authorized representative may permit such devices to be installed at a greater distance from such area of the mine if he or she determines, based on existing physical conditions, that such installation will be more accessible at a greater distance and will not pose any hazard to the miners.

(g) In all mines a certified person, pursuant to section 12 of this article §22A-2-12 of this code, shall examine for gas with permissible flame safety lamps or other an approved gas detectors detector before and during welding or cutting.

moreover, he or she shall be able to detect methane with a flame safety lamp an approved gas detector and have a thorough knowledge of the ventilation of shafts, slopes, and mines, and the machinery connected therewith, and finally, he or she shall be a person of good moral character with temperate habits.

Each person designated to make such examinations shall make tests with a permissible flame safety lamp an approved gas detector for accumulations of methane and oxygen deficiency, and examine sides of shafts and ribs and roof of all slopes.

First-aid material shall be maintained at the operation as required by section fifty-nine of this article §22A-2-59 of this code.

— A foreman shall be in attendance at all times in shafts and slopes who has passed an examination given by the office as to his or her competency in the use of flame safety lamps of an approved gas detector.

A lighted flame safety lamp or other An approved gas detector shall be carried at all times by the foreman when in the working area and weekly gas analysis made.

A lighted flame safety lamp or An approved gas detector shall be kept for use at the face while miners are at work.

(2) Adopt and promulgate reasonable rules relating to the examination, qualification, and certification of candidates for appointment as mine inspectors, and hearing for removal of inspectors, required to be held byunder section 12, article one of this chapter under  §22A-1-12 of this code.

All of such rules shall be printed and a copy thereof furnished by the secretary of the board to any person upon request.

(6) The Board of Coal Mine Health and Safety shall hear and determine proceedings for hearings for the removal of mine inspectors in accordance with the provisions of this article §22A-1-12 of this code when requested in writing by the mine inspector;

On such appeal the board shall promptly affirm the act of the director unless it be is satisfied from a clear preponderance of the evidence that the director has acted arbitrarily.

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The purpose of this bill is to update provisions of the code related to miners’ safety, health and training standards.

The bill makes changes to code sections related to capacitors used for power correction, electrical work performed on low, medium, or high voltage circuits or equipment, and the use of gas detecting devices.

The bill also makes technical corrections.