Below is a link to the revised administrative “drug testing” rule filed by the WV Office of Miners’ Health Safety & Training. The revised rule, which incorporates the recent legislative changes, becomes effective on May 10th, 2014. The following provisions have been amended into the rule or revised. For your information, the OMHST reports over 400 temporary and 1 permanent de-certifications since the inception of the state’s mandatory drug testing program, January/2013.
- Requires all failed drug or alcohol tests to be reported to the Director for immediate temporary suspension of mining certificates pending an appeal before the State Board of Appeals;
- Delineates a list of additional actions that warrant the suspension of certificates, i.e., refusing to submit a sample or for submitting an adulterated sample;
- Deletes the requirement for operators to submit quarterly pre-employment drug tests;
- Restates the collective bargaining provisions for UMW represented miners;
- Deletes the requirement that the drug policy of operators be incorporated into the comprehensive mine safety programs;
- Authorizes OMHST to approve rehabilitation facilities; and,
- Requires OMHST to verify satisfactory completion of rehabilitation programs prior to miner reinstatement.
http://www.wvminesafety.org/PDFs/56-19%20Final%20File%20Substance%20Abuse%20Screening%20WVSOS.pdf