Governor Approves Mining Safety Reforms in West Virginia

West Virginia lawmakers recently passed a series of reforms intended to improve safety and accountability in the state's mining industry.

2012-11-06

November 06, 2012 (Press-News.org) Governor Approves Mining Safety Reforms in West Virginia

West Virginia Gov. Earl Ray Tomblin commemorated the signing of the state's new mine safety reform law in a ceremony at the State Capitol on March 21, just days shy of the 2-year anniversary of an explosion at the Upper Big Branch mine that killed 29 miners on April 5, 2010.

The new legislation is aimed at preventing mining accidents and increasing oversight in the West Virginia mining industry. The bill includes provisions that will require pre-employment and random drug testing for mine workers. Until now, there has been no law requiring drug testing for miners in West Virginia, though many employers have used drug tests to screen applicants during the hiring process.

The new mine safety law also increases penalties for people who give advance notice of an inspector's presence in a mine. Federal law already prohibits warning of an inspector's presence in a mine, but the new West Virginia law makes it a state crime punishable by up to five years in prison. Additionally, the legislation provides for an anonymous whistleblower hotline and creates stricter standards for preventing dangerous buildups of coal dust and methane gas.

Improving West Virginia's Track Record

Lawmakers and mining safety advocates in West Virginia hope the safety reforms will help prevent injuries and deaths in the state's coal mining industry. According to data from the Mine Safety and Health Administration, coal mining accidents have killed 130 people in West Virginia since 2001 -- far more than any other state.

West Virginia's first mining fatality of 2012 occurred recently when a side wall cracked and fell onto a Fayette County coal miner at the Kingston No. 2 mine in March. As reported by WOWK-TV, the Kingston No. 2 mine has been cited for 968 safety violations over the last 10 years, including 130 violations in 2011.

Injured miners and family members of workers who have died in mining accidents should consult with an experienced personal injury lawyer to learn about their legal options and discuss the possibility of seeking compensation for the financial losses incurred as a result of the injury or death.

Article provided by Hoover Andrews PLLC
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