Newest WV Mine Safety Law Called ‘Troublesome’

West Virginia coal operators are not yet in compliance with mine safety regulations passed by the state Legislature in 2006, and they are facing more laws enacted this year.

Spawned by a January 2006 Sago Mine explosion that killed 12 miners in Upshur County and a fire that killed two at the Aracoma Mine in Logan County, the bills approach mine safety from two directions.

State Senate Bill 247, passed in February 2006, is intended to help coal miners survive mining disasters.

A newer Mountain State law, effective July 1, is Senate Bill 68, which focuses on preventing disasters from happening.

The 2006 regulation mandates establishment of emergency shelters within 1,000 feet of where miners are working, daily inspection of air supplies, installation of emergency air supplies equal to 30 minutes of walking time, wireless communication and tracking devices capable of two-way communication.

Wheeling News-Register - October 20, 2007

West Virginia coal operators are not yet in compliance with mine safety regulations passed by the state Legislature in 2006, and they are facing more laws enacted this year.

Spawned by a January 2006 Sago Mine explosion that killed 12 miners in Upshur County and a fire that killed two at the Aracoma Mine in Logan County, the bills approach mine safety from two directions.

State Senate Bill 247, passed in February 2006, is intended to help coal miners survive mining disasters.

A newer Mountain State law, effective July 1, is Senate Bill 68, which focuses on preventing disasters from happening.

The 2006 regulation mandates establishment of emergency shelters within 1,000 feet of where miners are working, daily inspection of air supplies, installation of emergency air supplies equal to 30 minutes of walking time, wireless communication and tracking devices capable of two-way communication.

SB 68, intended to heighten disaster prevention measures, also is raising some industry eyebrows by presenting questionable implementation guidelines.

Chris Hamilton, senior vice president of the West Virginia Coal Association, points to a section of the law authorizing the director of the state’s Office of Miner’s Health, Safety and Training to issue closure orders for mines with a history of violations demonstrating a disregard for health and safety.

‘‘We do not have a problem with the state having the ability to close down a mine if imminent danger or significant hazards are present,’’ Hamilton said. ‘‘But this bill is a little troublesome because it does not define what constitutes ‘a history’ of violations.’’

He said the states needs to develop some criteria or policy to guide enforcement of the law.

‘‘How many violations over what period of time constitute a history?’’ he wondered. ‘‘Then, you have to ask about the seriousness of the violation. Is not having soap in a washroom a violation?’’

Hamilton said there has to be some standardization and consistency between the different inspectors and regions.

‘‘We have 100 inspectors working in five regions,’’ he said. ‘‘This lends itself to be abusive if inspectors can take it upon themselves to arbitrarily enforce it.

‘‘There needs to be administrative rules or guidelines, and inspectors should be trained on a wide range interpretation and implementation possibilities,’’ he added.

In addition to the mine closure provision, SB 68 addresses improved fresh air ventilation by prohibiting the use of a belt conveyor entry as an intake air course.

‘‘This mimics a federal law,” Hamilton said. “Belt air is the same air that goes into a mine through the same entry in which a belt brings coal out of a mine.’’

Other parts of the bill deal with construction and monitoring of methane gas seals in the mine and procedures for altering existing seals. Seals are built to prevent methane from escaping out of unused areas of a mine and to contain explosions that occur behind the seals.

Finally, SB 68 provides for continuing education requirements for mine foremen or fire bosses and continuing the Mine Safety Technology Task Force. The task force was established in 2006 to determine how goals of SB 247 could be accomplished.