The April amendment to the Mandatory Drug Testing Rule under Title 56, Series 19, filed by the WV Office of Miners’ Health, Safety became effective on May 21. The amendment added the following provisions to the original rule that was filed by OMHST on December 27th 2012: (1) a breath test for alcohol as part of the substance abuse screening policy and program; (2) a requirement for operators to report individuals who fail a “pre-employment” drug test for purposes of initiating de-certification proceedings; (3) a definition of “serious accident” for purposes of post-accident drug testing; and, (4) established a 0.04% impaired level for alcohol consumption.
A companion rule, extending the reporting and de-certification requirements to all individuals who fail a drug or alcohol test prescribed under state law, was promulgated by the Board of Coal Mine Health & Safety under Title 36, Series 55. This rule was designed to close a major loop hole in the State's mandatory drug testing program and becomes effective on July 1, 2013.
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