Gov. Earl Ray Tomblin's mine safety bill, introduced in the House and Senate this week, somewhat duplicates the mine safety bill introduced by House leadership, with a few added and subtracted provisions.
The new bill offers the same basic types of mine safety laws as the version offered by House leadership, and both bills are largely responsive to issues that addressed in reports following the 2010 Upper Big Branch mine disaster.
So far, three investigations have reached mostly similar conclusions of the mechanics of the explosion.
While the governor's bill does leave out a number of provisions from the House bill and vice-versa, House leadership has indicated there would be work done to combine elements of both bills into a final version.
The governor's bill, introduced more than two weeks after the House leadership unveiled their bill, lacks additional rights to miners and families pertaining to investigations but adds rules for drug-testing mine employees.
Bill Raney, president of the West Virginia Coal Association, said the governor's bill "seems very positive," though there are some details to work out within the bill.
"There's some details, of course, that have to be worked out, but we're in the process of comparing the two," Raney said of the two mine safety packages. "Most everything has been marked down to where it's practical approach and solution. Some of things have already been in rules, and now it's going to be strengthened in statute."
Though WVCA Vice President Chris Hamilton had expressed some small concerns over rushing a mine safety bill when the House leadership's version first came out, the industry has not shown signs of any major opposition to either mine safety package.
Differences
In the House version of the bill, miners would be guaranteed that certain people, such as union representatives or family members, could be present for investigatory interviews. It also gives certain protections to miners who choose to withdraw from a mine area believed to be unsafe and extends wages for miners whose work is idled by a safety hazard.
A large portion of the governor's additions are related to preventing substance abuse in coal mines. Raney said the substance abuse program was something the industry wanted to see, but the details of the testing requirements would "take as much time as anything."
"All of the companies we represent have been testing for a number of years," Raney said.
Tomblin's bill would require operators' to conduct substance abuse testing during inspections or investigations on reasonable suspicions, provide for suspension of mining certificates if the miner refuses to be tested and requires coal mining operators to implement a substance abuse screening policy and program for certified workers.
The bill would also require that operators report failed screening tests and screening policy violations to the Office of Miners' Health. Abuse in other jurisdictions would also be grounds for immediate suspension of West Virginia certification.
The number of days an apprentice must work within "sight and sound" of the foreman was also increased from 90 days to 120 days. The state mine office had previously requested extending that timeframe to 180 days.
Training would also be increased for the use of self-contained self-rescue devices under the new bill.
The governor's bill allows the Office of Miners' Health, Safety and Training to share information regarding certification suspensions or revocations with other states.
While both bills call for increase study of mine safety issues, the governor's bill focuses on mine inspector qualifications and training, working in "bleeder or gob" areas of certain mines, and the education, training and examination of miner certification. The House bill would more generally ask the OMHS&T to examine enforcement laws, procedures and protocol.
Tomblin's bill would also tweak rock dusting standards to be set at or above 80 percent, currently set at 65 percent. Requiring at least 80 percent incombustible mine dust to be maintained is consistent with federal requirements.
Tomblin's mine safety package provides a procedure for reviewing and approval of mine ventilation plans. Inadequate ventilation was pinpointed as one of the contributing factors in the explosion at Upper Big Branch.
The governor's bill would also increase requirements for miners who operate or repair machinery and expand the scope of pre-shift examinations.
The establishment of an Underground Mining Accident Investigation Panel for serious accidents was a part of the House leadership version, but not the governor's mine safety bill. Providing targeted training for mines where safety violations occur are also missing from the Governor's bill.
Similarities
Both bills include provisions requiring automatic shutdown of mining equipment based on methane levels. Both bills also call for automatic shutdown of mine equipment when methane levels reach 1.25 percent, lower than the current 2 percent automatic shutdown threshold.
Methane is generally not flammable until its air concentration is higher than 5 percent.
A buildup of methane was believed to have sparked the explosion at Upper Big Branch. In place of the provisions, the governor's bill offers small changes regarding methane detection, including eliminating language that allowed a flame safety lamp and requiring that the methane detector is maintained to manufacturer specifications.
Both bills also suggest a maximum fine of $15,000 and one to five years imprisonment for advance notice of mine safety inspections. It is believed that at some Massey-run coal mines, it was standard practice to notify others on the mine premises when safety inspectors were visiting.
Tomblin's bill also includes language to create an anonymous tip hotline for miners to report safety concerns, as well as a provision to exempt the calls from Freedom of Information Act requests. The House bill had a similar provision.
Elements of both bills are likely to be combined in legislative committees
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