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WV Code § 22A-1-6 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-6. Director's Authority to Promulgate Rules

The director has the power and authority to propose or promulgate rules to organize the office and to carry out and implement the provisions of this chapter relating to health and safety inspections and enforcement. All rules in effect on the effective date of this article which pertain to the provisions of this chapter as they relate to health and safety inspection and enforcement shall remain in effect until changed or superseded by the director, or as appropriate. Except when specifically exempted by the provisions of this chapter, all rules or changes thereto shall be proposed or promulgated by the director in accordance with the provisions of chapter twenty-nine-a of this code.
WV Code § 22A-1-7 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-7. Savings Provisions

All orders, determinations, rules, permits, grants, contracts, certificates, licenses and privileges which have been issued, made, granted, or allowed to become effective by the Governor, any state department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which were transferred from the Division of Energy to the Secretary of the Department of Commerce, Labor and Environmental Resources, to the director, or to the office, and which were in effect on the date such transfer occurred, shall continue in effect according to their terms until modified, terminated, superseded, set aside or revoked in accordance with law by the Governor, the secretary, the director, or other authorized official, a court of competent jurisdiction or by operation of law.
WV Code § 22A-1-10 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-10. Mine Inspectors May Be Appointed to Fill Vacancy in Division

Notwithstanding any other provisions of law, if a vacancy occurs in any appointive position within the office, any mine inspector having permanent tenure, if qualified, may be appointed to such appointive position by the director.
WV Code § 22A-1-11 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-11. Employment of Electrical Inspectors; Eligibility; Qualifications; Examinations; Salary; Provisions Relating to Underground Mine Inspectors Applicable to Electrical Inspectors

(a) The office shall employ a sufficient number of electrical inspectors as the director determines to be reasonably necessary in fully and effectively carrying out the applicable provisions of this chapter.(b) To be eligible for employment as an electrical inspector, the applicant shall be: (1) A citizen of West Virginia, in good health, not less than twenty-four years of age, of good character and reputation, and of temperate habits; and (2) a person who has had five years of practical electrical experience in coal mines, at least two of which were in mines in this state, or a degree in electrical engineering from an accredited electrical engineering school and three years of practical electrical experience in underground coal mining. For the purposes of this section, practical electrical experience means the performance of duties requiring a person to be a certified electrician, as that term is defined in subdivision (2), subsection (d), section two of this article, prior to actually performing such duties.(c) (1) In order to qualify for appointment as an electrical inspector, an eligible applicant shall submit to written, oral and practical examinations administered by the mine inspectors' examining board and furnish evidence of good health, character and other facts establishing eligibility as the board may require. The examinations shall relate to the duties to be performed by an electrical inspector and, subject to approval of the mine inspectors' examining board, may be prepared by the director. (2) If the board finds after investigation and examination that an applicant: (A) Is eligible for appointment; and (B) has passed the required examinations with an average grade of at least ninety percent, the board shall add the applicant's name and grades to the register of qualified eligible candidates and promptly certify its action in writing to the director. The director shall then appoint one of the candidates from the three having the highest grades.(d) Electrical inspectors shall be paid an annual salary of not less than $42,828, which shall be fixed by the director, who shall take into consideration ability, performance of duty and experience. Electrical inspectors shall devote all of their time to the duties of the office.(e) Except as expressly provided in this section to the contrary, all provisions of this article relating to the eligibility, qualifications, appointment, tenure and removal of underground mine inspectors, as well as those provisions relating to compensatory time and reimbursement for necessary expenses, are applicable to mine electrical inspectors.
WV Code § 22A-1-13 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-13. Employment of Surface Mine Inspectors; Eligibility; Qualifications; Examinations; Salary; Provisions Relating to Underground Mine Inspectors Applicable to Surface Mine Inspectors

(a) The office shall employ as many surface mine inspectors as the director determines to be reasonably necessary in fully and effectively carrying out the applicable provisions of this chapter.(b) To be eligible for employment as a surface mine inspector the applicant shall be: (1) a citizen of West Virginia, in good health, not less than twenty-four years of age, of good character and reputation and of temperate habits; (2) a person who has had at least five years of practical experience in coal mines, at least two years of which have been on surface mines in this State: Provided, That graduation from any accredited college of mining engineering may be considered the equivalent of two years of practical experience; and (3) a person who has a good theoretical and practical knowledge of surface mines, surface mining methods, sound safety practices and applicable mining laws and rules. For the purpose of this section, practical experience means the performance of normal mining duties requiring a person to hold a certificate of competency and qualification as an experienced surface miner prior to actually performing the duties.(c)(1) In order to qualify for appointment as a surface mine inspector, an eligible applicant shall submit to written, oral and practical examinations administered by the Mine Inspectors' Examining Board and furnish evidence of good health, character and other facts establishing eligibility as the board may require. The examinations shall relate to the duties to be performed by a surface mine inspector and, subject to the approval of the mine inspectors' examining board, may be prepared by the director.(2) If the board finds after investigation and examination that an applicant is: (A) Eligible for appointment; and (B) has passed each required examination with a grade of at least seventy-five percent, or an overall combined average score of eighty percent, the board shall add the applicant's name and grades to the register of qualified eligible candidates and promptly certify its action in writing to the director. The director shall then appoint one of the candidates from the three having the highest grades.(d) Surface mine inspectors shall be paid an annual salary of not less than $37,332, which shall be fixed by the director, who shall take into consideration ability, performance of duty, and experience. Surface mine inspectors shall devote all of their time to the duties of the office.(e) Except as expressly provided in this section to the contrary, all provisions of this article relating to the eligibility, qualification, appointment, tenure, and removal of underground mine inspectors, as well as those provisions relating to compensatory time and reimbursement for necessary expenses, are applicable to surface mine inspectors.
WV Code § 22A-1-13a (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-13a. Study of Mine Inspector Qualification, Compensation, Training and Inspection Programs

The director is directed to conduct a study of the minimum qualifications for mine inspectors, the minimum compensation paid to mine inspectors and the overall training program established for mine inspectors. The study shall identify ways to attract and retain new, qualified mine inspectors to minimize the effect of the anticipated retirement of a significant number of current inspectors. Additionally, the study shall examine ways to improve the training programs for mine inspectors by focusing on technological advances in coal mining techniques, best practices used in modern coal mines and proper mine ventilation. Further, the director shall perform an assessment of the resources and qualification of inspectors necessary to approve mine ventilation plans. Finally, the study shall make recommendations on how to reassess mine inspection priorities to ensure that mines having a history of numerous safety violations are inspected more frequently than mines having a history of comparatively few safety violations while preserving the minimum number of inspections required by the code. By December 31, 2012, the Office of Miners' Health, Safety and Training shall report to the Legislature's Joint Committee on Government and Finance with recommendations regarding the implementation of its findings.
WV Code § 22A-1-16 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-16. Powers and Duties of Electrical Inspectors as to Inspections, Findings and Orders; Reports of Electrical Inspectors

In order that the electrical inspector may properly perform the duties required of him or her, he or she shall devote his or her whole time and attention to the duties of the office, and the inspector has the right to enter any coal mine for the purpose of inspecting electrical equipment, and if he or she finds during an inspection any defects in the electrical equipment which are covered by law and may be detrimental to the lives or health of the workmen, the inspector has the authority to order the operator, in writing, to remedy such defects within a prescribed time, and to prohibit the continued operation of such electrical equipment after such time, unless such defects have been corrected.The electrical inspector shall examine each mine in his or her division at least once each year or as often as the director may deem necessary.It is the duty of the electrical inspector, after completing the examination of a mine, to prepare a report describing his or her findings in said mine in a manner and form designated by the director. The original report shall be forwarded to the operator or the operator's representative whose duty it is to post it in some conspicuous place open to examination by any interested person or persons. The report shall show the date of inspection, a list of equipment, and any other information that the director may deem necessary.
WV Code § 22A-1-18 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-18. Posting of Notices, Orders and Decisions; Delivery to Agent of Operator; Names and Addresses to Be Filed by Operators

(a) At each coal mine there shall be maintained an office with a conspicuous sign designating it as the office of the mine, and a bulletin board at such office or at some conspicuous place near an entrance of the mine, in such manner that notices, orders and decisions required by this law or rule to be posted on the mine bulletin board may be posted thereon, be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal. A copy of any notice, order or decision required by this law to be given to an operator shall be delivered to the office of the affected mine, and a copy shall be immediately posted on the bulletin board of such mine by the operator or the operator's agent.(b) The director shall cause a copy of any notice, order or decision required by this law to be given to an operator to be mailed immediately to a representative of the miners. Such notice, order or decision shall be available for public inspection.(c) In order to ensure prompt compliance with any notice, order or decision issued under this law, the authorized representative of the director may deliver such notice, order or decision to an agent of the operator and such agent shall immediately take appropriate measures to ensure compliance with such notice, order or decision.(d) Each operator of a coal mine shall file with the director the name and address of such mine and the name and address of the person who controls or operates the mine. Any revisions in such names or addresses shall be promptly filed with the director. Each operator of a coal mine shall designate a responsible official at such mine as the principal officer in charge of health and safety at such mine, and such official shall receive a copy of any notice, order or decision issued under this law affecting such mine. In any case, where the coal mine is subject to the control of any person not directly involved in the daily operations of the coal mine, there shall be filed with the director the name and address of such person and the name and address of a principal official of such person who has overall responsibility for the conduct of an effective health and safety program at any coal mine subject to the control of such person and such official shall receive a copy of any notice, order or decision issued affecting any such mine. The mere designation of a health and safety official under this subsection does not make such official subject to any penalty under this law.
WV Code § 22A-1-19 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-19. Judicial Review

(a) Any order or decision issued by the director under this law, is subject to judicial review by the circuit court of the county in which the mine affected is located upon the filing in such court or with the judge thereof in vacation of a petition by any person aggrieved by the order or decision praying that the order or decision be modified or set aside, in whole or in part, except that the court shall not consider such petition unless such person has exhausted the administrative remedies available under this law and files within thirty days from date of such order or decision.(b) The party making such appeal shall forthwith send a copy of such petition for appeal, by registered mail, to the other party. Upon receipt of such petition for appeal, the director shall promptly certify and file in such court a complete transcript of the record upon which the order or decision complained of was issued. The court shall hear such petition on the record made before the director. The findings of the director, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate or modify any order or decision or may remand the proceedings to the director for such further action as it may direct.(c) In the case of a proceeding to review any order or decision issued by the director under this law, except an order or decision pertaining to an order issued under subsection (a), section fifteen of this article or an order or decision pertaining to a notice issued under subsection (b), section fifteen of this article, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:(A) All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;(B) The person requesting such relief shows that there is a substantial likelihood that the person will prevail on the merits of the final determination of the proceeding; and(C) Such relief will not adversely affect the health and safety of miners in the coal mine.(d) The judgment of the court is subject to review only by the Supreme Court of Appeals of West Virginia upon a writ of certiorari filed in such court within sixty days from the entry of the order and decision of the circuit court upon such appeal from the director.(e) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the director.(f) Subject to the direction and control of the attorney general, attorneys appointed for the director may appear for and represent the director in any proceeding instituted under this section.
WV Code § 22A-1-20 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-20. Injunctions

The director may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the circuit court of the county in which the mine is located whenever the operator or the operator's agent: (a) Violates or fails or refuses to comply with any order or decision issued under this law; or (b) interferes with, hinders or delays the director or his or her authorized representative in carrying out the provisions of this law; or (c) refuses to admit such representatives to the mine; or (d) refuses to permit the inspection of the mine, or the investigation of an accident or occupational disease occurring in, or connected with, such mine; or (e) refuses to furnish any information or report requested by the director in furtherance of the provisions of this law; or (f) refuses to permit access to, and copying of, such records as the director determines necessary in carrying out the provisions of this law. The court shall have jurisdiction to provide such relief as may be appropriate. Except as otherwise provided herein, any relief granted by the court to enforce an order under clause (a) of this section shall continue in effect until the completion or final termination of all proceedings for review of such order under this law, unless, prior thereto, the circuit court granting such relief sets it aside or modifies it. In any action instituted under this section to enforce an order or decision issued by the director after a public hearing, the findings of the director, if supported by substantial evidence on the record considered as a whole, shall be conclusive.
WV Code § 22A-1-23 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-23. Records and Reports

In addition to such records as are specifically required by this law, every operator of a coal mine shall establish and maintain such records, make such reports and provide such information, as the director may reasonably require, from time to time, to enable the director to perform his or her functions under this law. The director is authorized to compile, analyze and publish, either in summary or detailed form, such reports or information so obtained. Except to the extent otherwise specifically provided by this law, all records, information, reports, findings, notices, orders or decisions required or issued pursuant to or under this law may be published, from time to time, may be released to any interested person and shall be made available for public inspection.
WV Code § 22A-1-24 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-24. Mine Foreman Examiner for Mine Foremen-Fire Bosses and Assistant Mine Foremen-Fire Bosses; Salary

The director shall appoint a mine foreman examiner to examine and certify mine foremen-fire bosses, assistant mine foremen-fire bosses and mine examiners or fire bosses. Such mine foremen examiners shall be paid a minimum salary of $31,032 per year.
WV Code § 22A-1-25 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-25. Duties of Mine Foreman Examiner

The duties of the mine foreman examiner are to:(a) Prepare and conduct examinations of mine foremen, assistant mine foremen and fire bosses;(b) Prepare and certify to the director a register of all persons who successfully completed the examination with a passing grade of eighty percent.
WV Code § 22A-1-26 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-26. Place and Time for Examinations

The director shall determine the location where the mine foreman examiner shall meet for the purpose of holding examinations and at least two weeks' notice of the time and place where the examinations are to be held shall be given.The examinations shall be given at any location where there are at least five men to be tested and adequate facilities to conduct such examination. The office of the secretary to the mine foreman examiner shall be located in the capitol complex in Charleston. All records pertaining to the examinations shall be kept at such office.
WV Code § 22A-1-27 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-27. Preparation of Examinations; Notice of Intention to Take Examination; Investigation of Applicants

The mine foreman examiner shall, with the approval of the director, prepare and, from time to time, modify examinations to be administered applicants for certification as mine foremen and fire bosses.All persons who desire to appear for examination shall notify the mine foreman examiner of their intentions to appear, if possible, not less than ten days prior to the date set for the examination. The mine foreman examiner shall inquire into the character and qualifications of the applicants who present themselves for examination.
WV Code § 22A-1-28 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-28. Certificates of Qualification Heretofore Granted

Certificates of qualification of service heretofore granted shall have equal value with certificates of qualifications granted under this law.
WV Code § 22A-1-29 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-29. Mine Foreman Examiner to Certify Successful Applicants to Director

The mine foreman examiner shall certify to the director, on a form furnished by the director, every person whose examination shall disclose the person's fitness for the duties of mine foreman, assistant mine foreman and fire boss, as above classified, and the director shall prepare certificates of qualification for the successful applicants and send them to the mine foreman examiner for distribution.