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 56-13 - Drug Testing of Mine Inspectors and Mine Safety Instructors › Section 56-13-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Unless the
				context in which a word or phrase appears clearly requires a different meaning,
				all terms used in this rule that are not defined herein shall have the meanings
				set forth in W. Va. Code §22A-1-2.
3.2. "Controlled substance" means a drug,
				substance or immediate precursor in Schedule l-V as defined by W. Va. Code
				§60A-1-101(d).
3.3. "Director"
				shall mean the director of the Office of Miners' Health, Safety and
				Training.
3.4. "Drug" shall mean
				substances recognized as drugs in the official "United States Pharmacopoeia,
				official Homeopathic Pharmacopoeia of the United States", or official "National
				Formulary," or any supplement thereto; substances intended for use in the
				diagnosis, cure, mitigation, treatment or prevention of disease in man or
				animals; substances (other than food) intended to affect the structure or any
				function of the body of man or animals; and substances intended for use as a
				component of any article specified in this section.
3.5. "Electrical inspector" shall mean an
				electrical inspector as provided for in W. Va. Code §22A-1-11.
3.6. "Employee" shall mean a mine inspector,
				prospective mine inspector, mine safety instructor prospective mine safety
				instructor, surface mine inspector, prospective surface mine inspector,
				electrical inspector or prospective electrical inspector.
3.7. "Mine inspector" shall mean a state mine
				inspector as provided for in W. Va. Code §22A-1-8.
3.8. "Mine Safety Instructor" shall mean a
				state mine safety instructor as provided for in W. Va. Code
				§22A-1-9.
3.9. "OMHST" shall
				mean the Office of Miners' Health, Safety and Training.
3.10. "Post-accident drug testing" shall mean
				a drug test performed pursuant to an accident resulting in bodily injury to the
				employee or any other individual or damage to state property.
3.11. "Random drug testing" shall mean that
				each employee subject to testing has a statistically equal chance of being
				selected for testing at random and at unscheduled times. The selection of
				employees for random testing shall be made by a scientifically valid method,
				such as a random number table or a computer-based random number generator that
				is matched with the employee's social security number, payroll identification
				number, or other comparable identifying number. Twenty-five percent (25%) of
				all OMHST employees shall be randomly drug tested per year. Random drug testing
				shall be conducted monthly.
3.12.
				"Pre-employment drug testing" shall mean a drug test performed on any
				individual seeking employment with OMHST.
3.13. "Reasonable cause" shall mean a ground
				for belief linked to articulable, objective facts or circumstances to warrant
				submitting an employee to testing.
3.14. "Reasonable cause drug testing" shall
				mean a drug test ordered by OM HST for an employee when OMHST has reasonable
				cause to believe the employee is under the influence of a controlled substance
				or alcohol or is a current user of a controlled substance.
3.15. "Surface mine inspector" shall mean a
				surface mine inspector as provided for in W. Va. Code §22A-1-13.