Coal Jobs & Safety Act of 2015 Passes in the House

The House passed Senate Bill 357 Friday, the Coal Jobs and Safety Act of 2015. This bill has caused a lot of controversy, so it was no surprise when the House debated the bill for two hours. Republicans feel like the bill is an update to previous safety laws, while some Democrats feel like it’s a scale back.

“This act strengthens the state’s enforcement of the coal industry’s drug testing program to treat all miners the same and promote drug free coal mines,” Delegate John Shott, the Judiciary Chair, explained, “It updates West Virginia mine laws on equipment movement and operation to match federal regulations and well-established safety standards; in one instance exceeding the federal regulations requiring the movement of workers out by when in the case of the movement of equipment where electrified trolley wires are present. It also places oversight of underground diesel equipment in the hands of experienced state mine safety regulation, regulators. It syncs state reclamation rules with federal laws to bring consistency to regulatory oversight. It adjusts the aluminum water quality standard to reflect the latest science and better protect the environment, and it conforms, permit enforcement processes to federal laws.”

After the bill was explained to members, a flood of debate ensued on the floor. Republicans expressed belief the bill was steering the coal industry in the right direction, because it was updating technology and saving money, while Democrats felt the bill would roll back the safety laws currently in place.

The bill had full support from Republicans but Democrats were divided.

Delegate Rupert Phillips of Logan County was one of those Democrats who supported the bill.

“If we’re going to move our state forward and be competitive on what’s built this state, the backbone of the state; the coal, the coal miner, we’ve got to move forward,” Phillips noted, “We cannot continue to let DC, EPA, and other groups overregulate our industry.”

Delegate Gary Howell, the Government Organization Chair, also supported the bill.

“It is time we updated these laws for safety,” Howell said, “Time changes, technology changes, we must make sure our coal miners are safe. I support this bill, and I hope you will to for the safety of our miners.”

Delegate Barbara Fleischauer of Monongalia County was strongly against the bill.

“There’s not anything in this bill that improves safety, nothing,” Fleischauer said, “And I can’t believe, after all the fires and explosions we’ve had in this state, recently, we would, and you know what they are; Upper Big Branch, Aracoma, Sego, that we would ever consider rolling back safety protections.”

Minority Leader, Tim Miley, also expressed rejection of the bill.

“We haven’t even heard the cost savings per ton, as to what this bill will accomplish,” Miley noted, “Wouldn’t you think, you can measure man hours saved by activities in the mine that you do or don’t have to do as a result of this bill, you can measure that. How many man hours, combined man hours does it take to stop the mining operations, move heavy equipment, and then bring the miners back, you can measure all of that, this is the 21st Century. You can measure all of that. We can measure what effects and cost savings, the environmental aspects of this bill will have. We can measure how much it costs to lay track, we can measure all of that, that’s how you come up with a cost per ton as far as how much it costs to mine a ton of coal. If it really were to gonna save that kind of money to reinvest back into creating jobs, I think we would know that.”

After the two hour debate, House Bill 357 passed, 73 to 25, with only Democrats voting against.

Officials Discuss Flu Prevention in West Virginia Schools

The U.S. Centers for Disease Control and Prevention declared a flu epidemic last week, with West Virginia among the states with widespread activity. Officials met at a Charleston elementary school today to discuss flu prevention now that schools are back in session.

The West Virginia Department of Health and Human Resources Cabinet Secretary, Karen Bowling and the State Superintendent of Schools, Michael Martirano announced a partnership in education efforts to fight the flu epidemic in West Virginia Schools. The press conference was held at Mary C. Snow West Side Elementary School.

Superintendent, Martirano says this partnership and the resources it offers are critical to the health of students statewide.

“Everybody needs to take a role in this. We want to make certain that our young people are healthy, happy, and safe. And so, we want to make sure our staff is in that same category, so if individuals are feeling ill, they need to make certain they’re getting the medical treatment necessary. Also, doing the preventative aspects of getting the immunization, but then also trying not to transmit those germs as well by virtue of a lot of hand washing; a lot of preventative aspects, so we want to educate our young people about that, so that we can keep them in school.”

The partnership also asks educators, students, and parents to pledge their support in preventing the spread of the flu. Martirano and Dr. Rahul Gupta the Bureau for Public Health Commissioner and State Health Officer say the pledge explains three vital things: to wash hands frequently, to cover your cough, and to sneeze into your sleeve if you don’t have a tissue on hand.

Gupta also explained by getting your flu vaccination, wiping down frequently touched surfaces with a disinfectant, and staying home when you’re sick, helps to further prevent the spread of the flu.

Tank Inspections Due Thursday Under W.Va. Spill Law

The deadline is approaching to submit aboveground storage tank inspections required by a new state law to protect public water supplies.

Thursday is the deadline for new tank inspection certifications in West Virginia. Department of Environmental Protection spokeswoman Kelley Gillenwater says the state received about 22,000 inspection certifications as of mid-day Wednesday, or fewer than half of the tanks that require them.

The annual inspections are included in a law reacting to a January chemical spill, which spurred a tap-water ban for 300,000 people for days. The law includes a new regulatory system for many tanks and addresses emergency planning for public water systems.

A rule within the law groups tanks into three inspection categories. Tanks holding hazardous materials or ones near public water supplies face the most stringent requirements.

Former Executive Facing Chemical Spill Charges Opposes Asset Seizure

A former executive facing charges relating to a January chemical spill is opposing prosecutors’ push to seize his house, car and cash.

In a motion Monday in U.S. District Court in Charleston, lawyers for ex-Freedom Industries President Gary Southern say his assets neither helped commit nor were derived from his criminal allegations.

In Southern’s indictment, prosecutors seek to seize his Florida home, 2012 Bentley car and almost $8 million. Southern’s motion says the government already took some assets, including his Bentley.

U.S. Attorney Booth Goodwin said the forfeiture allegation rests on firm legal and factual footing.

Southern, five other ex-officials and the company itself face pollution charges. Southern also faces fraud charges related to Freedom’s bankruptcy case.

The chemical spill spurred a tap-water ban for 300,000 people for days.

Bridge Day Adds Fingerprint Requirement for Participants

Rappellers, BASE jumpers and vendors participating in future Bridge Day events will have to undergo fingerprint scans.

Bridge Day Commission chair Sharon Cruikshank tells The Charleston Gazette that the scans are less intrusive than routine background checks.

Fingerprints will be checked against a terrorism watch list. They won’t be saved.

So far, reaction to the decision has been mixed.

Cruikshank says rappellers and vendors don’t have any issues. But some in the BASE jumping community aren’t happy.

BASE jumpers from around the world flock to the New River Gorge Bridge on the third Saturday of every October for Bridge Day. BASE stands for building, antenna, span and Earth, the fixed objects from which jumpers leap.

Bridge Day organizers began requiring background checks after the Sept. 11 terrorist attacks.

Anthony Carrico Named W.Va. Fire Marshal

Anthony Carrico has been appointed as West Virginia’s state fire marshal.

The West Virginia Fire Commission selected Carrico to succeed Sterling Lewis Jr. on Monday at a meeting in Flatwoods.

Carrico has been serving as acting state fire marshal since Lewis retired in April 2013. His appointment to the permanent position is effective Oct. 16.

The 46-year-old Boone County resident joined the State Fire Marshal’s Office in 1992.

The Department of Military Affairs and Public Safety announced Carrico’s appointment in a news release.

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