CHARLESTON, W.Va. — On-the-job drug use continues to persist in West Virginia’s coal industry, despite state laws taking a hard line against those who test positive.
The West Virginia Office of Miners’ Health, Safety and Training reported 724 coal miners have been decertified since Jan. 1, 2013—a breakdown of 330 during 2013, another 316 in 2014 and 78 to date in 2015.
That trend is disappointing, agency director Eugene White said, considering officials hoped the numbers would diminish after the legislature enacted more stringent laws.
“It’s a concern,” White said. “I was shocked and still am with the numbers we are still facing on a daily basis. I was hoping after the first of the second year we’d start seeing a downward trend.
“Hopefully, we get the word out there to raise the awareness about substance abuse to these miners, and hopefully we can get them rehabilitated and get them back in the workplace.”
Coal operators are required to report all positive drug tests to the state. White said protocol on a first offense includes offering a plea agreement in which the miner can seek treatment and regain certification after a suspension of one to 12 months. The standard first-offense suspension for marijuana and alcohol is three months.
Under the first-strike provision, the worker can follow the process and be reinstated. However, the second positive test brings a harsher response.
“We move to have them permanently decertified on strike two,” said White. “But they can appeal it to the safety board and get a second chance.”
Most problems involve misuse of prescription drugs, White said.
Despite education efforts about the consequences of positive drug tests, White said some miners are extremely disgruntled upon losing their certification.
“We now have (state) capitol police in this office every time we have a drug case. Nothing has ever happened, but there were a couple of times we could tell individuals were agitated,” he said. “There is a concern for everybody’s safety because you’re basically taking that person’s livelihood. You’re taking food off his table, taking them out of their environment, and you’re basically changing their life.”
Under the original rule, miners covered under collective bargaining agreements with the UMWA could take their cases before an arbitrator and possibly be reinstated regardless of the law. However, the legislature changed the language of the measure this year and on June 2 all miners, union and non-union, will be treated the same under the provisions set forth in the legislation.