Current through Register Vol. XLI, No. 50, December 13, 2024
Section 56-3-6 - Director of OMHST - Powers and Duties6.1. 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.6.3. The director of OMHST, or his/her designee, upon receipt of the list of approved innovative mine safety technologies from the Mine Safety Technology Task Force, has thirty days to approve or amend the list as provided in W. Va. Code § 11-13BB-4. At the expiration of the time period, the director shall publish the list of approved innovative mine safety technologies as provided in W. Va. Code § 11-13BB-4.