Senate Bill 357 Leads to Lengthy, Spirited Debates
A bill introduced in both the Senate and House earlier in the session is one step closer to completing legislative action as the House amended and passed the Senate’s version of “The Coal Jobs and Safety Act of 2015,” Senate Bill 357.
The bill would make changes to various sections of the Code including abolishing the Diesel Equipment Commission, suspension of miners’ cards, equipment rules, and spacing changes of shelter holes.
The Coal Jobs and Safety Act has been significantly debated back and forth during the committee process and also on both the House and Senate floors. It is a piece of legislation that has divided the Legislature as its supporters see the bill as a way of assisting the struggling coal industry in West Virginia from the many regulations which have raised the costs of mining coal resulting in mine closures and the loss of jobs. Opponents of the bill see it as undoing the many safety and environmental measures the Legislature has implemented in recent years.
One significant change made under Senate Bill 357 is the abolishment of the Diesel Equipment Commission and transfer of its duties and powers to the Miners’ Health Safety and Training Office. The six member Commission’s duties are to take inventory and assess diesel equipment used in underground coal mines.
Senate Bill 357, as amended by the House, would also immediately suspend the miner’s card of all miners who fail a drug test while they go through the arbitration process. Currently, an employee with a collective bargaining agreement doesn’t have their card suspended for failing a drug test and may continue working while under arbitration. The bill further states that positive tests for prescription drugs cannot be excused with a prescription dated more than one year prior to the date of the drug test result.
The bill also makes changes to the Code section relating to haulage roads. If transportation of personnel is exclusively by rail, the track length needing to be maintained is changed from the current 500 feet to 1,500 feet. This change brings the track maintenance standards in line with federal regulations. The bill also updates outdated regulations to reflect modern advances in technology, training, equipment, and coal mining methods.
The Senate passed the bill on February 10th by a 26-8 vote. The House, with amendments, passed the bill this week by a 73-25 vote. Senate Bill 357 has now been communicated to the Senate where they must decide to concur or refuse the House’s amendments. If not agreed upon, Senate Bill 357 could eventually go to conference committee which is made up of three members from each chamber to approve a compromise of matters of disagreement with the bill.
The full text of the bill can be viewed here.
