WEST VIRGINIA GOVERNOR PROMISES “TOUGH” STATE LEGISLATION

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 1
©2012 Jackson Kelly PLLC

 

         Governor Earl Ray Tomblin gave his “State of the State” address to the West Virginia legislature on January 11, 2012, and promised to introduce legislation to toughen West Virginia’s coal mine safety laws.  Although he provided no details, Governor Tomblin promised that the legislation would address the following issues:

 

• enhanced rock dusting standards;
• protection of whistleblowers,
• mandated methane sensors at long walls;
• increased pre-shift reviews;
• prohibiting mines from announcing that an inspector is coming;
• requiring more training for the use of self-rescuers; and
• implementing a drug testing program at West Virginia mines.

         In addition, Governor Tomblin announced that West Virginia will initiate a year-long study to evaluate the effectiveness of state-required training for state inspectors and persons certified by the state as foreman and miners.

 

        The specifics of Governor Tomblin’s proposed legislation were not provided, and it is an open question whether those proposals will meet with the approval of the state legislature.  Most of the areas identified have been addressed by the Mine Safety and Health Administration (“MSHA”) in recent years and thus, the new state requirements may only mirror those already imposed under the Federal Mine Safety and Health Act, 30 U.S.C. § 801 et seq.(the “Mine Act”).

 

       The drug testing program is an issue which has been discussed by MSHA over the past decade but upon which the agency has avoided action.  It remains to be seen whether or not the state legislature and the United Mine Workers of America (“UMWA”) will support such a program.  If Governor Tomblin is successful in getting his drug testing requirement through the state legislature, the West Virginia program could well serve as a model for MSHA to propose a similar program which may affect all mines subject to the Mine Act.

 

        Jackson Kelly PLLC will continue to monitor this proposal, and any others affecting the mining community.  This article was authored by Page H. Jackson, Jackson Kelly PLLC.  For more information on the author click here.

 

OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado

 

Responsible Attorney
Kristin R.B. White
(303) 390-0006
kwhite@jacksonkelly.com

For more information, contact:

 

Laura E. Beverage (303) 390-0003	Karen L. Johnston (303) 390-0008
R. Henry Moore (412) 434-8801	Michael T. Cimino (304) 340-1000

 

The Jackson Kelly PLLC Occupational Safety and Health News Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety and Health News Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.

 

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KRISTIN R.B. WHITE IS RESPONSIBLE FOR THE CONTENTS OF THIS ALERT.