The WV Board of Coal Mine Health & Safety promulgated an "Emergency Rule" designed to close a major loop hole in the State's mandatory drug testing program.
The Board's "Emergency Rule", which becomes effective on July 1, extends the reporting and decertification requirements in current state law to all individuals who fail a drug or alcohol test prescribed under state law. Heretofore, only cases involving a positive drug test that resulted in discharge, were reported to the Office of Miners’ Health, Safety & Training for disciplinary action and suspension of mining certification privileges.
The Board’s Emergency Rule requires the following provision:
§36-55-3. Requirement to report failed screening results:
3.1. All substance abuse screening tests required by §22A-1A-1(a) (West Virginia Code) producing a positive result will be reported to the Office of Miner’s Health Safety and Training pursuant to §22A-1A-1(d).
3.2 Upon receipt of such report, the Office of Miner’s Health Safety and Training shall temporarily suspend certifications of individuals pursuant to §22A-1A-1(d).
The Emergency Rule also places a requirement on the State Board of Appeals to approve all rehabilitation programs created under this general law.