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House defeats move to kill bill that would change mission of state mine safety office

MORGANTOWN – The House of Delegates on Tuesday defeated an effort to kill a bill aimed at stripping the Office of Miner’ Health, Safety and Training of its enforcement powers – a bill strongly opposed by the United Mine Workers of America.

HB 4840, 55 pages long, originated out of the House Government Organization Committee on Friday and would change the role of MHST from enforcing mine safety regulations to offering assistance to operators.

Inspections would become “visits.” Violations subject to fines would become “concerns or safety issues” subject “recommendations or other assistance.”

It was on second reading on Tuesday. Delegate Larry Rowe, D-Kanawha, made a motion to postpone indefinitely consideration of the bill, which would effectively kill it.

“The bill, really, in my mind is shocking,” he said. It “dismantles the heart and soul of West Virginia.”

The state leads the nation in coal mining deaths, he said. Hundreds of thousands of dollars in fines will be gone.

“To take away mine inspections and mine safety is an abomination,” he said.

Majority Leader Amy Summers, R-Taylor, countered Rowe with a motion to table his motion, which takes precedence and would end consideration of Rowe’s motion.

The vote to table Rowe’s motion was 65-24 along party lines. All local Democrats supported Rowe, voting against tabling. All local Republicans except Buck Jennings, who was absent, voted with Summers.

The bill will be on third reading on Wednesday with amendments pending.

The UMWA issued a statement on Tuesday condemning the bill.

UMWA International President Cecil Roberts said, “The idea that anyone in the state of West Virginia believes we need less enforcement in the coal mining industry is outrageous. … I cannot understand why any responsible legislator would believe the outright elimination of an entire state agency’s enforcement power would keep miners safer at work.”

Last year, he said, West Virginia accounted for 50% of all coal mine fatalities in America.

A miner in southern West Virginia died on Tuesday, he said. “The first agency on the scene this morning was not MSHA, it was the state. The state inspectors arrived on-site almost an hour before MSHA was able to get there.

“So, to say we need less protection from the state, less safety and less enforcement in the coal mining industry makes zero sense,” he said. “This bill would remove the state agency’s ability to properly investigate an incident. Statistics show that when you have good laws and regulations, and they are enforced, fatalities decrease. That is where we need to be headed.”

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