W. Va. Code R. § 56-19-4 - Certification of Employees in Safety-Sensitive Positions
4.1. No employee of an employer working in a
safety-sensitive position may work or be employed unless he or she possesses a
safety-sensitive certification issued by the West Virginia Office of Miners'
Health, Safety and Training. Any employee who currently possesses another
mining certification issued by the West Virginia Office of Miners' Health,
Safety and Training shall not be required to obtain a safety-sensitive
certification.
4.2. Every employer
of an employee who works in a safety-sensitive position shall ensure that the
employeehasobtainedthesafety-sensitivecertificationissuedbythe West Virginia
Office of Miners' Health, Safety and Training.
4.3. A safety-sensitive certification shall
be issued to any person who provides proof that he or she has received the
twenty-four (24) hour MSHA training when required by MSHA, completes an
application as prescribed by the Director, and shows a valid driver's license,
valid passport, or valid state DMV issued photo ID. Any other personnel
employed by an operator or independent contractor whose job does not require a
miner certification or 24 hour MSHA training shall be eligible to receive a
safety-sensitive certification by making application, showing proof that he or
she has successfully completed hazard training, and shows a valid driver's
license, valid passport, or valid state DMV issued photo ID.
4.4. Safety-sensitive certifications may be
obtained at the Office of Miners' Health, Safety and Training's Charleston
office or any of its regional offices.
4.5. The application for a safety-sensitive
certification requires the following information:
4.5.1. Applicant's name, address, telephone
number, social security number, date of birth, and applicant's
signature.
4.5.2. Employer's
company name, mine name, WV permit number, address, and telephone
number.
4.5.3. Employment
dates.
4.5.4. A notarized signature
of an official of the employer.
4.6. In the event an application for a
safety-sensitive certification is denied, the applicant may request a hearing
before the Director.
4.7. Any
applicant who is adversely affected by a decision of the Director following a
hearing on an application for safety-sensitive certification, may petition for
judicial review of the Director's decision in the Circuit Court of Kanawha
County or in the circuit court of the county in which the applicant resides,
pursuant to the provisions of W. Va. Code §
29A-5-4.
4.8. The Director may charge a ten dollar
($10.00) fee for the issuance of a safety-sensitive certification.
4.9. All persons currently having a
certification issued by the West Virginia Office of Miners' Health, Safety and
Training who desire to receive a safety-sensitive certification may receive
such certification by completing the safety-sensitive certification application
and paying the $10.00 fee.
4.10.
Every employer shall keep a current list of all employees occupying
safety-sensitive positions available for review by the Director or his/her
authorized representative.
4.11.
The Director may exempt any person responding to a mine emergency or providing
rescue services from the requirement that he or she shall have a
safety-sensitive certification prior to performing any mine emergency or rescue
services.
Notes
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