Current through Register Vol. XLI, No. 25, June 21, 2024
Section 36-44-4 - Agency Mine Rescue Team Members Compensation; Worker's Compensation4.1. Agency mine rescue team members are to be paid a minimum of $400 per month, with the rate thereafter to be determined annually by the Director.4.2. When engaged in mine rescue work required by an explosion, fire or other emergency at a mine, all members of the agency's mine rescue teams or other agency employees assigned to mine rescue operations shall, during the period of their mine rescue work, be employees of the operator of the mine where the emergency exists, and shall be compensated by the operator at the rate established in the area for such work. In no case shall this rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor at that mine and paid according to the following criteria:4.2.1. Time and half - when on standby at hotel/home or when traveling to the mine.4.2.2. Double time - working in the command center or when available on the surface or fresh air base underground or when assisting mine rescue operations from those locations.4.2.3. Triple time - when inby the fresh air base underground.4.3. Mine rescue work means all the work performed by agency mine rescue team members or agency employees during an emergency mine rescue operation in order to preserve and protect life and property at the mine. An emergency mine rescue operation due to an explosion, fire or other similar event may exist up until the mine is determined by the Director to be safe to be entered into without the need for persons to be with apparatus on or by the person, or without the need for remediation of a similar dangerous condition which would require the services of an agency mine rescue team.4.4. The Director will invoice the operator and ensure proper distribution to the individual agency mine rescue team members.4.5. The rates set forth in West Virginia Code of State Rules § 36-44-4.2 shall apply to mine rescue work and operations, unless a separate mine rescue services agreement between the Office of Miners' Health Safety and Training and an operator specifically sets forth a different rate of compensation.4.6. During the period of their emergency employment, members of mine rescue teams shall be protected by the workers' compensation subscription of such emergency employer.4.7. When the Director assigns agency mine rescue team members to perform emergency mine rescue work and there is no operator available to pay for the services under West Virginia Code § 22A-1-35 and West Virginia Code of State Rules § 36-44-4.2 the Director may authorize additional pay consistent with West Virginia Code of State Rules § 36-44-4.2.4.8. Employees exempt from overtime compensation may receive the additional pay described in this section at the same rate paid to those employees eligible for overtime compensation.