West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-6 - Director of OMHST - Powers and Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				director of OMHST is hereby empowered and it is his/her duty to administer and
				enforce the provisions of this rule relating to health and safety inspections
				and enforcement and training in coal mines, underground clay mines, open pit
				mines, cement manufacturing plants and underground limestone and sandstone
				mines.
6.2. The director of OMHST
				has full charge of the agency. The director has the power and duty to:
6.2.1. Supervise and direct the execution and
				enforcement of the provisions of this rule.
6.2.2. Employ such assistants, clerks,
				stenographers and other employees as may be necessary to fully and effectively
				carry out his/her responsibilities and fix their compensation, except as
				otherwise provided in this rule.
6.2.3. Assign mine inspectors to divisions or
				districts in accordance with the provisions of W. Va. Code §
										22A-1-8 as may
				be necessary to fully and effectively carry out the provisions of this rule,
				including the training of inspectors for the specialized requirements of
				surface mining, shaft and slope sinking and surface installations and to
				supervise and direct the mine inspectors in the performance of their
				duties.
6.2.4. Suspend, for good
				cause, any mine inspector without compensation for a period not exceeding
				thirty (30) days in any calendar year.
6.2.5. Prepare report forms to be used by
				mine inspectors in making their findings, orders and notices, upon inspections
				made in accordance with this rule.
6.2.6. Hear and determine applications made
				by mine operators for the annulment or revision of orders made by mine
				inspectors, and to make inspections of mines, in accordance with the provisions
				of this rule.
6.2.7. Cause a
				properly indexed permanent and public record to be kept of all inspections made
				by the director or by mine inspectors.
6.2.8. Make annually a full and complete
				written report of the administration of the office to the governor and the
				legislature of the state for the year ending June 30. The report shall include
				the number of visits and inspections of mines in the state by mine inspectors,
				the quantity of coal, coke and other minerals (excluding oil and gas) produced
				in the state, the number of individuals employed, number of mines in operation,
				statistics with regard to health and safety of persons working in the mines
				including the causes of injuries and deaths, improvements made, prosecutions,
				the total funds of the office from all sources identifying each source of the
				funds, the expenditures of the office, the surplus or deficit of the office at
				the beginning and end of the year, the amount of fines collected, the amount of
				fines imposed, the value of fines pending, the number and type of violations
				found, the amount of fines imposed, levied and turned over for collection, the
				total amount of fines levied but not paid during the prior year, the titles and
				salaries of all inspectors and other officials of the office, the number of
				inspections made by each inspector, the number and type of violations found by
				each inspector. However, no inspector may be identified by name in this report.
				Such reports shall be filed with the governor and the legislature on or before
				December 31 of the same year for which it was made, and shall upon proper
				authority be printed and distributed to interested persons.
6.2.9. Call or subpoena witnesses for the
				purpose of conducting hearings into mine fires, mine explosions or any mine
				accident; to administer oaths and to require production of any books, papers,
				records or other documents relevant or material to any hearing, investigation
				or examination of any mine permitted under chapter 22A of the code or this
				rule. Any witness so called or subpoenaed shall receive $40 per diem and shall
				receive mileage at the going rate for state employees for each mile actually
				traveled, which shall be paid out of the state treasury upon a requisition upon
				the state auditor, properly certified by the witness.
6.2.10. Institute civil actions for relief,
				including permanent or temporary injunctions, restraining orders, or any other
				appropriate action in the appropriate federal or state court whenever any
				operator or the operator's agent violates or fails or refuses to comply with
				any lawful order, notice or decision issued by the director or his/her
				representative.
6.2.11. Beginning
				January 1, 2013, the director shall share information regarding suspension or
				revocation of a certificate of a certified person, as defined in this rule for
				violation of the substance abuse provisions of chapter 22A of the code with
				other states that subject similar persons to disciplinary action for violation
				of a substance abuse policy.
6.2.12. The director shall propose rules for
				legislative approval pursuant to W. Va. Code §
										29A-3-1 et seq., a rule
				establishing a program for the sharing of information between employers who
				employ certified persons regarding the discharge of persons in safety sensitive
				positions as defined in W. Va. Code R. § 56-19-3.17 for violation of an
				employer's substance abuse policy.
6.2.13. Perform all other duties which are
				expressly imposed upon him/her by the provisions of chapter 22A of the code and
				this rule.
6.2.14. Impose
				reasonable fees upon applicants taking tests administered pursuant to the
				requirements of chapter 22A of the code and this rule.
6.2.15. Impose reasonable fees for the
				issuance of certifications required under chapter 22A of the code and this
				rule.
6.2.16. Prepare study guides
				and other forms of publications relating to mine safety and charge a reasonable
				fee for the sale of the publications.
6.2.17. Make all records of the office open
				for inspection of interested persons and the public.