Current through Register Vol. XLI, No. 37, September 13, 2024
Section 56-18-2 - Definitions2.1. Unless the context in which a word or phrase appears 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-1-2.2.2. Code. The term "Code" shall mean the West Virginia Code of 1931, as amended.2.3. Director. The term "director" shall mean the Director of the Office of Miners' Health, Safety and Training and shall include his/her authorized representatives where applicable.2.4. Employer. The term "employer" shall mean all operators, independent contractors, subcontractors, or otherwise that employ certified persons who work in mines, or employees who as part of their employment are regularly present at a mine and who are employed in a safety-sensitive position.2.5. Mine. The term "mine" shall have the meaning set forth in W. Va. Code §22A-1-2(a)(6) and shall include any underground coal mine, surface coal mine, coal preparation plant, coal loadout, or river coal loadout.2.6. Certified Person. The term "certified person" shall have the meaning set forth in W. Va. Code §22A-1-2(d)(3).2.7. Safety-Sensitive Position. The term "safety-sensitive position" shall mean an employment position where the employee's job responsibilities include duties and activities that involve the personal safety of the employee or others working at the mine.2.8. Substance Abuse Policy and Testing Program. The term "substance abuse policy and testing program" shall include, at a minimum, a breath test for the presence of alcohol and the 10-panel urine test required by W. Va. Code § 22A-1A-1(a)(1) and established for the purpose of detecting the illicit substances identified therein.