The 2012 Regular Session of the West Virginia Legislature officially kicked off with the Governor’s annual State of the State Address to a joint session this past Wednesday at the State Capitol.
In his address, Governor Tomblin provided a broad outline of where we are as a state and where he intends to lead us this year. Tax reform, fiscal responsibility, investment in education and energy are the centerpieces of his agenda.
Governor Tomblin was also unequivocal with his support of West Virginia’s 63,000 coal mining families, promising to continue fighting an out-of-control federal bureaucracy.
“This is not Washington D.C., where the EPA and other governmental agencies engage in back-door policy making that threatens the very livelihood of so many of our fellow citizens,” Tomblin said. “This is West Virginia, where we appreciate the need for reasonable, open environmental regulations but understand the fundamental need for jobs and for low cost, reliable energy developed right here in the United States of America. As long as I am Governor I will continue to fight this Administration's war on coal! A few months ago, a federal court agreed with our lawsuit and ruled that the federal EPA had in fact overstepped its authority. I will keep fighting until Washington recognizes that one of the keys to America's future is the use and promotion of our natural resources. It is a fight from which I will not shrink, and one that I fully expect to win!”
The standing ovation from both sides of the aisle clearly shows bipartisan support for our state’s bedrock industry. To watch the speech in its entirety, visit the Association website at www.wvcoal.com.
Governor Tomblin also advanced several mine safety proposals including mandatory drug testing for miners while observing -- "Just as we must continue to mine coal, we must make certain that our miners are safe”.
Although specific legislation will not be ready until next week, we understand the Governor’s drug/alcohol testing legislation will be patterned after mandatory drug testing laws in Kentucky and Virginia and will include the following provisions:
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- All mining operations to have a mandatory drug and alcohol testing program that, at a minimum, would ensure that all employees, at the mine level, be subjected to random drug and alcohol testing;
- Delineation of alcohol and drug testing criteria/panels;
- Post-accident drug testing;
- Drug testing for cause;
- The director of the State Office of Miners’ Health, Safety & Training to suspend the West Virginia certification of any miner testing positive for drugs or alcohol;
- The director, WVOMHST to suspend the West Virginia certification of any miner whose miner’s certification issued from another state has been suspended for failing a drug or alcohol test;
- The director, WVOMHST to provide a drug test to any applicant for a miners “specialty” certification i.e. fire boss, electrician, belt examiner, shot firer etc.;
- Prospective miners to have drug test prior to the issuance of an apprentice miner’s certificate;
- Appeal and reinstatement process.
Since the inception of KY’s program (2006) over 1,400 miners, hourly and supervisory, have had their miner’s certificates suspended. Virginia reports nearly 500 suspensions.
The Governor will also advance legislation instructing the State Board of Miner Training, Education and Certification to examine all current training and re-training requirements for mine inspectors, apprentice and certified miners and mine foreman.
Other related topics mentioned by the Governor in his address Wednesday night that will be included in his mine safety legislative package are the following specific amendments to state mining law:
- Prohibiting any person from giving advance notice of an inspection or inspector’s presence at a mine;
- Requiring supplemental preshift exams for “hazardous conditions” where any miner or person is scheduled to work or travel;
- Requiring all underground employees of a mine to receive refresher training on a quarterly basis;
- Requiring continuous methane monitors on all cutting machines, i.e., longwall shears and continuous miners;
- Enhancements to “whistleblower” requirements; and,
- Increasing the “rock dust” standard throughout underground mines from 65% to 80%.
Note: Regarding items 4 & 5, the Governor may incorporate recent recommendations from the Board of Coal Mine Health & Safety. Discussions with the Governor’s office will continue on these and other topics before final legislation is prepared for introduction.