West Virginia House Bill 2259 (Prior Session Legislation)

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January 13 2010 - To House Energy, Industry and Labor, Economic Development and Small Business
Pending: House House Energy, Industry and Labor, Economic Development and Small Business Committee

The purpose of this bill is to expand the number of mine employees who may be tested for drug or alcohol abuse by requiring all mine operators to create drug-free workplace programs applicable to safety-sensitive employees on mine property. Safety sensitive employees are defined to include engineering and certain operational staff. It would also require vendors providing such employees to implement the same program. The bill also allows employers who discharge employees who test positive to be immune from wrongful discharge lawsuits. The bill requires the suspension of mining certifications for positive confirmed drug tests and provides a mechanism for the reinstatement of certificates upon meeting minimum requirements of being drug free. In addition, the bill proposes minimum drug and alcohol awareness educational requirements for miners and emergency services personnel in mines. The bill also provides that employees who test positive lose the right to receive indemnity benefits and common law right to sue. Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

Relating to the creation and implementation of drug-free workplaces in coal mines

Del Kevin J. Craig

Date	Chamber	Action
2010-01-13		To House Energy, Industry and Labor, Economic Development and Small Business
2010-01-13		Introduced in House
2010-01-13		To Energy, Industry and Labor, Economic Development and Small Business then Judiciary
2010-01-13		Filed for introduction

Chapter	Article	Section	Citation Type	Statute Text
22A	1	1	Amended Code	Citation Text
22A	1	31	Amended Code	Citation Text
22A	12	1	New Code	See Bill Text
22A	12	10	New Code	See Bill Text
22A	12	11	New Code	See Bill Text
22A	12	12	New Code	See Bill Text
22A	12	13	New Code	See Bill Text
22A	12	14	New Code	See Bill Text
22A	12	2	New Code	See Bill Text
22A	12	3	New Code	See Bill Text
22A	12	4	New Code	See Bill Text
22A	12	5	New Code	See Bill Text
22A	12	6	New Code	See Bill Text
22A	12	7	New Code	See Bill Text
22A	12	8	New Code	See Bill Text
22A	12	9	New Code	See Bill Text
23	4	2	Amended Code	Citation Text

Type	Source
Summary	http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=2259&year=2010&sessiontype=RS&btype=bill