Current through Register Vol. XLI, No. 25, June 21, 2024
Section 36-37-5 - Procedures for Promulgating Regulations in Response to Major Causes of Injuries5.1. As soon as practicable after the first day of January of each year, the Administrator shall submit a report to the Board on each major cause of injury. The report shall summarize the relevant facts concerning each major cause of injury, including:(a) Circumstances surrounding the injuries, including: cause of injuries; activity of victim at time of injury; object, substance, or machine involved in injuries; nature of injury; and location in mine where injury occurred.(b) Existing laws, regulations, and policies relevant to the cause of the accident.5.2. Between the first day of January and the first day of July of each year, the Board shall review in detail the major causes of coal mining injuries during the previous calendar year, taking into account both frequency and severity of injury.5.3. Prior to the first day of July of each year, the Board shall take the following action on each major cause of injury reviewed: (a) The Board shall direct the Administrator to prepare findings of fact and conclusions of law.(b) The Board shall formally vote on whether to approve the findings of fact and conclusions of law.(c) The Chairman shall call for a formal vote on whether the promulgation of rules and regulations by the Board could assist in preventing the recurrence of the specific type of injury. A majority of the quorum present must vote against having additional regulations in order for this motion to fail.(d) If the Board determines that no rules or regulations would assist in preventing the recurrence of the specific type of injury in question, the Board must publish, within a reasonable time, it's findings and conclusions as provided for in Section 5.3(b), and the reasons for its determination that no additional regulations are needed. These findings and conclusions shall be maintained at the Department of Energy office in Charleston, and be made available to interested persons for inspection or copies.(e) If the Board determines that the promulgation of rules and regulations would assist in preventing the recurrence of specific types of injuries, it shall take the following actions: (1) The Board shall direct the Administrator to prepare proposed regulations consistent with and based upon the findings of fact and conclusions of law developed pursuant to Section 5.3(b).(2) The Board shall formally vote on whether to promulgate the proposed regulations. The Board may make such proposed regulations available for comment by interested persons in accordance with the provisions of 'W. Va. Code '22-6-4, provided that such action can be completed and final action taken on the regulation by July first.(3) If the Board decides to promulgate the regulation as is or with modifications, provided that such modifications are supported by factual findings developed by the Board, the regulation shall be filed in the Secretary of State's office, and a notice of final rulemaking and a copy of the final regulation be sent to all affected operators and other interested persons.(4) If the Board determines that no regulation can be developed to be consistent with the findings and conclusions, it shall direct the Administrator to prepare amended findings and conclusions stating the reasons for such determination. Upon approval, the Board shall, within a reasonable time, publish these findings and conclusions and shall maintain them at the Department of Energy office in Charleston to be available to interested persons for inspection or copies.