Current through Register Vol. XLI, No. 25, June 21, 2024
Section 36-22-4 - No Act Permitted Endangering Security of Mine; Search for Intoxicants, Matches, Etc4.1. No miner, workman or other person shall knowingly damage any shaft, lamp, instrument, or machinery. No person shall alter or obstruct any air course or ventilating devices unless instructed by a certified person, or enter any part of a mine against caution, or disobey any order of any mine foreman or assistant mine foreman given in carrying out any of the provisions of this section.4.2. Open lights, smoking, and smokers' articles, including matches, are prohibited in all mines. No person shall at any time enter mines with or carry therein any matches, pipes, cigars, cigarettes, or any device for making lights or fire not authorized or approved. The operator shall at frequent intervals, search or cause to be searched, any person, including his clothing and material belongings, entering or about to enter the mine, or inside the mine, to prevent such person from taking or carrying therein any of the above mentioned articles or intoxicants. Any search of a person for purposes of enforcement of this paragraph, may be required of persons entering a mine or work area of a mine. If any person refuses to submit to a search, that person shall not be permitted to enter the mine or work area of a mine until such time as a personal search is conducted. Searches of persons may be conducted in a mine or work area of a mine. If any person refuses to submit to a search, that person shall be required to leave such mine or work area of a mine until such time as a personal search in conducted.
4.3. No person shall at any time carry into any mine or work area of any mine any intoxicant or enter any mine or work area of any mine while under the influence of intoxicants. For the purpose of enforcement of this paragraph the word "intoxicant" shall mean alcoholic liquor as defined in W. Va. Code '60-1-5, or a controlled substance as defined in W. Va. Code '60A-1-101(d) not specifically prescribed by a physician who is fully aware of and has taken into account the job duties the person is expected to perform.
4.4. For purposes of enforcement of Section 4.3 of these regulations, an operator shall refuse entry into a mine or remove from the mine any person whom the operator has a reasonable cause to believe is under the influence of intoxicants. The operator shall immediately notify a miner's representative employed on such shift that such action has been taken. The names and telephone numbers of the miner's representatives shall be provided to the mine operator and posted on the mine bulletin board. Reasonable cause shall be determined by the existence of one or more of the following conditions: (1) Odor of alcohol or other intoxicant about the individual or on his breath;(2) Abnormally slurred speech, stammering, stumbling, weaving, or other loss of motor coordination;(3) Unexplained animated signs of intoxication or influence drugs on the individual;(4) Other discernable signs of intoxication or influence drugs on the individual.4.5. Any miner who has been denied entry or removed from the mine pursuant to Section 4.4. of these regulations shall be afforded the opportunity to receive a timely and appropriate medical examination to be provided by the operator. The operator shall afford the miner the opportunity for transportation to the medical facility where the examination will be performed. Such medical examination may include administration by a physician of tests prescribed and approved by the Department of Health of the State of West Virginia for the determination of a base of a controlled substance or alcohol pursuant to Chapter 17C, Article 5 of West Virginia Code. If the results of any such tests demonstrates a blood alcohol level of one tenth (.10) of one percent (1%) or more by volume, or the presence of controlled substances to a degree which renders such person incapable of performing safely, such tests shall be determinative that a person is "under the influence" for purposes of this section. The designated miner's representative shall be provided the opportunity to participate with the operator or his authorized representative during the administration of the appropriate medical examination; however, the medical examination shall not be delayed by the absence of the miner representative. The representative shall be compensated by the operator until such time that the representative leaves the mine site.
Each operator shall provide to the Director of the Department of Energy by June 1st of each year, on a form provided by the Director, a list of any such tests required during the previous twelve (12) months and the results of such tests. The information shall be used by the Department to evaluate the effectiveness of the regulation, and shall in no way identify the name of the employee required to take the test or the mine where that person is employed.