Senate Bill No. 187
(By Senator Sypolt)
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[Introduced January 18, 2011; referred to the Committee on
Energy, Industry and Mining; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §22A-2-66 of the Code of West Virginia,
1931, as amended, relating to providing the Director of the
Office of Miners' Health, Safety and Training some discretion
in determining the penalty to impose upon operators failing to
provide immediate notice upon the occurrence of a mining
accident; and increasing allowable reporting time.
Be it enacted by the Legislature of West Virginia:
That §22A-2-66 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. UNDERGROUND MINES.
§22A-2-66. Accident; notice; investigation by Office of Miners'
Health, Safety and Training.
(a) For the purposes of this section, the term "accident"
means:
(1) The death of an individual at a mine;
(2) An injury to an individual at a mine which has a reasonable potential to cause death;
(3) The entrapment of an individual;
(4) The unplanned inundation of a mine by a liquid or gas;
(5) The unplanned ignition or explosion of gas or dust;
(6) The unplanned ignition or explosion of a blasting agent or
an explosive;
(7) An unplanned fire in or about a mine not extinguished
within five minutes of ignition;
(8) An unplanned roof fall at or above the anchorage zone in
active workings where roof bolts are in use or an unplanned roof or
rib fall in active workings that impairs ventilation or impedes
passage;
(9) A coal or rock outburst that causes withdrawal of miners
or which disrupts regular mining activity for more than one hour;
(10) An unstable condition at an impoundment, refuse pile or
culm bank which:
(A) Requires emergency action in order to prevent failure;
(B) or which Causes individuals to evacuate an area; or the
(C) Constitutes a failure of an impoundment, refuse pile or
culm bank;
(11) Damage to hoisting equipment in a shaft or slope which
endangers an individual or which interferes with use of the
equipment for more than thirty minutes; and
(12) An event at a mine which causes death or bodily injury to
an individual not at the mine at the time the event occurs.
(b) Whenever any anaccident occurs in or about any a coal
mine or the machinery connected therewith associated machinery, it
is the duty of the operator or the mine foreman in charge of the
mine to give notice and state the particulars of the accident,
within fifteen thirty minutes of ascertaining the occurrence of an
accident, to the Mine and Industrial Accident Emergency Operations
Center at the statewide telephone number established by the
Director of the Division of Homeland Security and Emergency
Management pursuant to the provisions of article five-b, chapter
fifteen of this code. stating the particulars of the accident.
Provided, That The operator or the mine foreman in charge of the
mine may comply with this notice requirement by immediately
providing notice to the appropriate local organization for
emergency services as defined in section eight, article five, of
said chapter fifteen of this code or the appropriate local
emergency telephone system operator as defined in article six,
chapter twenty-four of this code. Provided, however, That Nothing
in this subsection shall be construed to relieve relieves the
operator from any reporting or notification requirement under
federal law.
(c) The Director of the Office of Miners' Health, Safety and
Training shall impose, pursuant to rules authorized in this
section, a civil administrative penalty of up to $100,000 on the
operator if it is determined that the operator or the mine foremen
foreman in charge of the mine failed to give immediate notice as required in this section. Provided, That The director may waive
imposition of the civil administrative penalty at any time if he or
she finds that the failure to give immediate notice was caused by
circumstances wholly outside the control of the operator.
(d) If anyone is killed, the inspector shall immediately go to
the scene of the accident and make recommendations, and render
assistance as he or she may deem believes necessary for the future
safety of the men and investigate the cause of the explosion or
accident and make a record. He or she shall preserve the record
with the other records in his or her office. The cost of the
investigation records shall be paid by the Office of Miners'
Health, Safety and Training and a copy shall be furnished to the
operator and other interested parties. To enable him or her the
inspector to make an investigation, he or she has the power to
compel the attendance of witnesses and to administer oaths or
affirmations. The director has the right to appear and testify and
to offer any testimony that may be relevant to the questions and to
cross-examine witnesses.
NOTE: The purpose of this bill is to provide the Director of
the Office of Miners' Health, Safety and Training some discretion
in determining the penalty to impose against operators who fail to
provide immediate notice upon the occurrence of a mining accident
and, also to provide a longer period of time during which to report
an accident.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.