UMWA Representatives and our allies in the legislator have been working tirelessly to improve Senate Bill 635 from its original form.

Here is where it stands as of now in regards to mine health and safety:

• Unpaid Individual Personal Assessments (IPA) not paid within 30 days will cause the miner to have his or her miners’ certificate suspended. (This is the same time frame operators have for violations)
  • Becomes law July 1, 2019

• Any employee involved in an accident may be required to have a drug test by their employer.
  • Becomes law July 1, 2019

• Positive drug tests will result in a minimum of 6 months suspension of that person’s miner certificate.
  • Becomes law July 1, 2019

• State shall serve as back-up mine rescue team for operators in remote areas who do not have a team within one hour of drive time. State mine rescue teams will still be required to comply with Federal law requiring mine rescue teams to train at each mine site they serve biannually.
  • Becomes law July 1, 2019

• Red Hat time within sight and sound reduced from 120 days to 90 only if additional training is received from a training plan that is approved by the WV Coal Board.
  • Becomes law August 31, 2019

• A person accused of willfully trespassing on mine property with the intent to commit a felony or any larceny will be charged with a misdemeanor on the first offence and a felony on the second offence.
  • With the added language: “Nothing in this section shall be construed to prevent lawful assembly and petition for the lawful redress of grievances, including but not limited to, activates protected by the West Virginia Constitution or the United States Constitution or any statute of this state or the United States.”
  • Becomes law August 31, 2019

If you have any questions about this bill or about any Health and Safety issues or concerns contact the

International Health and Safety Department at 703-291-2433.