Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-13-3 - Definitions3.1. Unless the context in which a word or phrase appears clearly requires a different meaning, all terms used in this rule that are not defined herein shall have the meanings set forth in W. Va. Code §22A-1-2.3.2. "Controlled substance" means a drug, substance or immediate precursor in Schedule l-V as defined by W. Va. Code §60A-1-101(d).3.3. "Director" shall mean the director of the Office of Miners' Health, Safety and Training.3.4. "Drug" shall mean substances recognized as drugs in the official "United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States", or official "National Formulary," or any supplement thereto; substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; substances (other than food) intended to affect the structure or any function of the body of man or animals; and substances intended for use as a component of any article specified in this section.3.5. "Electrical inspector" shall mean an electrical inspector as provided for in W. Va. Code §22A-1-11.3.6. "Employee" shall mean a mine inspector, prospective mine inspector, mine safety instructor prospective mine safety instructor, surface mine inspector, prospective surface mine inspector, electrical inspector or prospective electrical inspector.3.7. "Mine inspector" shall mean a state mine inspector as provided for in W. Va. Code §22A-1-8.3.8. "Mine Safety Instructor" shall mean a state mine safety instructor as provided for in W. Va. Code §22A-1-9.3.9. "OMHST" shall mean the Office of Miners' Health, Safety and Training.3.10. "Post-accident drug testing" shall mean a drug test performed pursuant to an accident resulting in bodily injury to the employee or any other individual or damage to state property.3.11. "Random drug testing" shall mean that each employee subject to testing has a statistically equal chance of being selected for testing at random and at unscheduled times. The selection of employees for random testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with the employee's social security number, payroll identification number, or other comparable identifying number. Twenty-five percent (25%) of all OMHST employees shall be randomly drug tested per year. Random drug testing shall be conducted monthly.3.12. "Pre-employment drug testing" shall mean a drug test performed on any individual seeking employment with OMHST.3.13. "Reasonable cause" shall mean a ground for belief linked to articulable, objective facts or circumstances to warrant submitting an employee to testing.3.14. "Reasonable cause drug testing" shall mean a drug test ordered by OM HST for an employee when OMHST has reasonable cause to believe the employee is under the influence of a controlled substance or alcohol or is a current user of a controlled substance.3.15. "Surface mine inspector" shall mean a surface mine inspector as provided for in W. Va. Code §22A-1-13.