Bill Text: WV HB2807 | 2011 | Regular Session | Introduced
Bill Title: Relating to determining the appropriate penalty to impose against operators who fail to provide immediate notice upon the occurrence of a mining accident
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2011-01-24 - To House Energy, Industry and Labor, Economic Development and Small Business [HB2807 Detail]
Download: West_Virginia-2011-HB2807-Introduced.html
(By Delegates Craig, Stowers, Kominar, Morgan,
C. Miller, Andes and Reynolds)
[Introduced January 24, 2011; referred to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.]
A BILL to amend and reenact §22A-2-66 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Office of Miners' Health, Safety and Training flexibility when determining the appropriate penalty to impose against operators who fail to provide immediate notice upon the occurrence of a mining accident.
Be it enacted by the Legislature of West Virginia:
That §22A-2-66 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. UNDERGROUND MINES
§22A-2-66. Accident; notice; investigation by Office of Miners' Health, Safety and Training.
(a) For the purposes of this section, the term "accident" means:
(1) The death of an individual at a mine; (2) An injury to an individual at a mine which has a reasonable potential to cause death;
(3) The entrapment of an individual;
(4) The unplanned inundation of a mine by a liquid or gas;
(5) The unplanned ignition or explosion of gas or dust;
(6) The unplanned ignition or explosion of a blasting agent or an explosive;
(7) An unplanned fire in or about a mine not extinguished within five minutes of ignition;
(8) An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage;
(9) A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour;
(10) An unstable condition at an impoundment, refuse pile or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area, or the failure of an impoundment, refuse pile or culm bank;
(11) Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than thirty minutes; and
(12) An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs.
(b) Whenever any accident occurs in or about any coal mine or the machinery connected
(c) The Director of the Office of Miners' Health, Safety and Training shall impose, pursuant to rules authorized in this section, a civil administrative penalty of up to $100,000 on the operator if it is determined that the operator or the mine foremen in charge of the mine failed to give immediate notice as required in this section.
(d) If anyone is killed, the inspector shall immediately go to the scene of the accident and make recommendations and render assistance as he or she
NOTE: The purpose of this bill is to allow the Director of the Office of Miners' Health, Safety and Training flexibility when determining the appropriate penalty to impose against operators who fail to provide immediate notice upon the occurrence of a mining accident.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.