Bill Text: WV SB572 | 2011 | Regular Session | Introduced
Bill Title: Prohibiting certain employees of Office of Miners' Health, Safety and Training from being called as witnesses in certain actions
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-02-21 - To Energy, Industry and Mining [SB572 Detail]
Download: West_Virginia-2011-SB572-Introduced.html
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-1-40, relating to prohibiting certain employees of the Office of Miners' Health, Safety and Training from being called as witnesses in actions arising from mine accidents where those employees served as mine rescue personnel without the prior written permission of the director; and authorizing rulemaking.
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-1-40, to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; ENFORCEMENT.
§22A-1-40. Testimony in civil actions prohibited; exceptions; rulemaking.
(a) Notwithstanding any provision in this code to the contrary, no past or present employee of the Office of Miners' Health, Safety and Training employed in the capacity of a mine safety instructor or mine inspector may be called as a witness in any civil action arising from a mine accident where that employee worked as a member of a mine rescue team without the written permission of the director.
(b) The director shall promulgate rules pursuant to chapter twenty-nine of this code relating to the availability of agency personnel working as mine safety instructors or mine inspectors being called as witnesses in actions arising from mine accidents where those employees served in the capacity of mine rescue personnel. The rules shall take into consideration the mental injury or emotional distress testifying might cause the employee, staffing considerations and the necessity of the requested testimony to a just resolution of the action.
NOTE: The purpose of this bill is to prohibit mine safety instructors and mine inspectors of the Office of Miners' Health, Safety and Training from being called as witnesses in actions arising from mine accidents where those employees served as mine rescue personnel without the prior written permission of the director. The bill also authorizes rulemaking.
This section is new; therefore, strike-throughs and underscoring have been omitted.
