Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-19-4 - Certification of Employees in Safety-Sensitive Positions4.1. No employee of an employer working in a safety-sensitive position may work or be employed unless he or she possesses a safety-sensitive certification issued by the Office of Miners' Health, Safety and Training. Any employee who currently possesses another mining certification issued by the Office of Miners' Health, Safety and Training shall not be required to obtain a safety-sensitive certification.4.2. Every employer of an employee who works in a safety-sensitive position shall ensure that the employee has obtained the safety-sensitive certification issued by the Office of Miners' Health, Safety and Training.4.3. A safety-sensitive certification shall be issued to any person who provides proof that he or she has received the 24-hour MSHA training when required by MSHA, completes an application as prescribed by the Director, and shows a valid driver's license, valid passport, or valid state DMV issued photo ID. Any other personnel employed by an operator or independent contractor whose job does not require a miner certification or 24-hour MSHA training shall be eligible to receive a safety-sensitive certification by making application, showing proof that he or she has successfully completed hazard training, and shows a valid driver's license, valid passport, or valid state DMV issued photo ID.4.4. Safety-sensitive certifications may be obtained at any regional office of the Office of Miners' Health, Safety and Training.4.5. The application for a safety-sensitive certification requires the following information: 4.5.1. Applicant's name, address, telephone number, social security number, date of birth, and applicant's signature.4.5.2. Employer's company name, mine name, WV permit number, address, and telephone number.4.5.4. A notarized signature of an official of the employer.4.6. In the event an application for a safety-sensitive certification is denied, the applicant may request a hearing before the Director.4.7. Any applicant who is adversely affected by a decision of the Director following a hearing on an application for safety-sensitive certification, may petition for judicial review of the Director's decision with the Intermediate Court of Appeals, pursuant to the provisions of W. Va. Code §51-11-4.4.8. The Director may charge a $10.00 fee for the issuance of a safety-sensitive certification.4.9. All persons currently having a certification issued by the Office of Miners' Health, Safety and Training who desire to receive a safety-sensitive certification may receive such certification by completing the safety-sensitive certification application and paying the $10.00 fee.4.10. Every employer shall keep a current list of all employees occupying safety-sensitive positions available for review by the Director or his/her authorized representative.4.11. The Director may exempt any person responding to a mine emergency or providing rescue services from the requirement that he or she shall have a safety-sensitive certification prior to performing any mine emergency or rescue services.