Current through Register Vol. XLI, No. 25, June 21, 2024
Section 36-24-1 - General1.1. Scope. -- Rules and Regulations Governing the Record Keeping of All Certified Persons Employed in All Mines Throughout the State of West Virginia.1.2. Authority. -- W. Va. Code '22-6-4.1.3. Filing Date. -- April 22, 1983.1.4. Effective Date. -- June 5, 1983.1.5. Findings and Conclusions (a). Finding of Facts. (1) Certification of miners employed in coal mines in West Virginia is required by Chapter 22A of the West Virginia Code to insure that only competent qualified persons are employed to act as underground or surface miners or in specific miner occupations.(2) Since 1980 there have been at least ten civil and criminal prosecutions of persons in the coal industry purporting to be certified by the State as miners or for particular miner occupations who either possess bogus certificates or do not possess certificates for these occupations.(3) Persons acting as miners or in particular miner occupations who are not properly certified as required by law create a safety hazard in the mines because such persons have not demonstrated their competency or qualifications under State law for these occupations.(4) In order for the Department of Energy to know at any given time the certifications of persons working in the mines, a current listing is needed at each mine location of persons employed at that location and their certifications, if any.(5) Such records can be made most readily and efficiently available through the employers of persons holding State certifications, since the employers have access to and knowledge of those persons who work for them.(b) Conclusions of Law. (1) Therefore, the Board of Coal Mine Health and Safety promulgates the following regulation to require all employers of persons certified pursuant to Chapter 22A and currently employed in West Virginia mines to set up and maintain records on these persons and their certifications.(2) The regulation is consistent with the requirements of Code 22A-1A-21 that operators of coal mines shall maintain such records, make such reports and provide such information as the Director may reasonably require from time to time to enable him to preform his functions under law.(3) The regulation will not reduce the level of safety or protection afforded miners below the level of safety or protection afforded by Chapter 22A.(4) The regulation is necessary and proper to effectuate the purpose of Chapter 22A and to prevent the circumvention and evasion thereof.