New W.Va. Speeding Enforcement Campaign Begins Friday

A targeted, high visibility speeding enforcement campaign will begin this Friday and run through the end of July.

A targeted, high visibility speeding enforcement campaign will begin this Friday and run through the end of July. With the number of statewide highway and bridge construction projects increasing throughout the state, Gov. Jim Justice said Wednesday that work zone traffic will be a targeted priority. 

The West Virginia Governor’s Highway Safety Program has teamed up with the National Highway Traffic Safety Administration for the effort.  

In 2022, the West Virginia Department of Transportation recorded 800 crashes in work zones across the state that killed eight people and left 276 injured. 

Justice said “If you don’t slow down, you’ll get written up.”

“If you’re absolutely out there and are one of those workers,” Justice said. “And you’ve got somebody coming at 85 or 90 miles an hour, and you’re three feet away from me, how fair is that?”

This campaign follows a recent series of West Virginia work zone safety initiatives, one that began with the paving season, and one that targeted a I-64 work zone project in Cabell County.

Justice said to expect that the latest speeding enforcement campaign would extend into August.

Legislators Discuss Cannabis In The Workplace

West Virginia law protects employees from being fired for using medical cannabis products, but employers can still prohibit employees from being under the influence at work.

Legislators heard a presentation on cannabis and the workplace during Tuesdays’ interim meetings in Morgantown.

West Virginia law protects employees from being fired for using medical cannabis products, but employers can still prohibit employees from being under the influence at work.

The West Virginia Legislature’s Joint Standing Committee on the Judiciary heard from two experts on the challenges of testing for cannabis impairment.

Employment lawyer Nancy Delogu explained that while blood, urine, and saliva analysis can provide evidence of tetrahydrocannabinol (THC), the psychoactive ingredient in cannabis, in a person’s system, there is no true test for impairment as THC affects each individual differently.

“There’s not a test for an impairment, there has never been a test for impairment,” she said. “We don’t have a test for alcohol impairment, we have a breathalyzer. It measures the amount of alcohol in one’s blood.”

Delogu pointed out that breathalyzers have 75 years of federal highway safety data to back up correlations between blood alcohol levels and the likelihood of driving impairment.

THC also lingers in the body longer than most other substances. A traditional urine analysis could produce a positive result up to a month after cannabis use, making it functionally useless as a test for on the job impairment.

Aaron Lopez of the lobbying firm Political Capital explained that West Virginia has defined impairment as the presence of more than 3 nanograms of cannabis metabolites, byproducts of the body’s metabolism, in a blood test. He said that is a stronger definition than surrounding states, who fall closer to the national average of five or 10 nanograms.

“The blood test is much more accurate but trying to figure out where the blood level correlates with impairment is still something that is being tested around the country,” Lopez said.

While accurate, blood tests take time and require the presence of a trained phlebotomist. Lopez and Delogu both pointed towards saliva or oral fluid testing as the likely future for employers concerned about cannabis-impared employees.

The discussion comes just one month after a miner’s suspension for the use of a CBD product was upheld by the state supreme court.

“Even in the footnotes of Justice Armstead, he noted that we have to deal with this,” Sen. Mike Caputo, D-Marion, said. “We have to figure out a way to deal with this in the workplace.”

Work Zone Safety Gets Renewed Focus After Flagger Hit And Run

Spring is the start of many things in West Virginia, including road work season. With work crews out in force around the state fixing potholes and repaving, there is an increased focus on the risks associated with the job.

Spring is the start of many things in West Virginia, including road work season. With work crews out in force around the state fixing potholes and repaving, there is an increased focus on the risks associated with the job.

Craig Howell was flagging traffic outside of Robert Bland Middle School in Weston on the evening of April 28 when a road worker’s worst nightmare came true.

“He was taking a turn. He took it too sharp inwards and hit me,” Howell said.

Howell got lucky, walking away with minor injuries to his leg. The driver, who stopped momentarily before fleeing the scene, is still being sought by authorities.

Howell said incidents like this and similar close calls happen despite all the precautions workers take.

“We set out signs and hopefully the traffic will pay attention to it, but most of the time people just drive by and don’t pay attention to them,” Howell said. “Everyone’s always in a hurry these days, are on their phones or any type of stuff to be distracted.”

WVDOT says that on average, 85 percent of the people who die in work zone crashes are drivers or passengers of the vehicles involved in the wreck.While work zone fatalities are low, state statistics show they do seem to be on the rise.

There were 18 fatal crashes in West Virginia work zones in just two years, from 2018 to 2020, according to most recent data. There were 15 fatal crashes in the entire seven-year period preceding 2018.

Recent data shows the trend is worsening, which means road workers and drivers alike are at an increased risk.

According to data from the state’s Department of Transportation Traffic Engineering Division, 2021 saw nearly 900 work zone crashes, with more than 300 resulting in injuries. Five of those crashes proved to be fatal.

“People that are getting hurt are our fathers and mothers. These are our family members, our neighbors. And they should not have to worry about making it home in the evening,” said Josh Booth, R-Wayne.

Booth is a state delegate, but he grew up helping his mother run the family business, Highway Safety, Inc.

“When my mom said go play in traffic she meant it,” he said.

Booth may joke around a little bit, but as he brings a new generation into the business, he takes the job seriously. So does the state of West Virginia.

Last month, as temperature started to rise and regular road work commenced across the state, the Public Service Commission of West Virginia, along with the West Virginia Department of Transportation and other law enforcement agencies announced an increase of enforcement in the state’s work zones.

Booth said having officers on scene is a crucial addition to the safety arsenal, but he acknowledged it’s simply not possible for departments to dispatch officers to every single work zone in the state. That’s why he wants to modernize work zone enforcement.

“I introduced some legislation to use camera assisted enforcement,” he said. “The idea was not to give you a fine or give you a ticket. In fact, it was the opposite. It was just to get you to slow down.”

Booth’s bill failed to pass this year, but he said there is increasing interest. For now, cameras or not, the biggest factor determining worker safety on West Virginia roads is drivers.

“When they see a work zone and slow down because most of these guys have family themselves and they just want to go home at the end of the day.” Howell said.

Rail/Train Workers' Deaths Prompt National Study

Railroad regulators say some federal workplace safety standards should be extended to workers on and near the tracks.

The National Transportation Safety Board is issuing a draft report after investigating 15 deaths of railroad “roadway” employees in 2013. The number was up from eight in 2012 and five in 2011.

Among the report’s findings is that differences between regulations of the Federal Railroad Administration and the Occupational Safety and Health Administration can be confusing.

It recommends that the railroad administration include OSHA standards during job briefings for roadway workers.

It said causes of deaths included workers hit by trains, falls from bridges, electrocution and a mudslide.

Accidents such as train crashes and derailments were not part of the study.

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