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 “Emergency Rule" promulgated by the Board of Coal Mine Health & Safety took effect July 1, extends the reporting and de-certification 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, will be 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) of 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 suspended certifications of individuals pursuant to §22A-1A-1(d).