Companies Want Drug-Free Coal Mines in West Virginia
By Terry, Juliet A
Gov. Joe Manchin said in his State of the State Address that he wants to promote drug-free workplaces.
The coal industry agrees.
To develop the kind of drug-testing plan coal operators envision, however, they need a law that makes drug testing mandatory. They also need to be able to conduct random drug testing on more kinds of coal mine employees than the law allows today.
“The (West Virginia) Supreme Court of Appeals has said employers can do random drug testing when it is safety sensitive work, so it’s not mandatory right now,” said Anna Dailey, a labor lawyer with Dinsmore & Shohl in Charleston.
Chris Hamilton, senior vice president of the West Virginia Coal Association, said drug use in coal mines must stop.
“There have been accidents in and around mining operations where the use of illegal drugs has been a contributing factor if not a direct cause,” Hamilton said. “While the exact percentage is unknown … we applaud the governor’s position on eradicating drugs from the workplace. … We believe our proposal is consistent with the governor’s approach and certainly consistent with his desire to see West Virginia’s coal industry the safest in the country.”
The United Mine Workers of America does not disagree with the coal industry’s goal of improving mine safety, but its members are not convinced new drug testing legislation is needed, according to local representative Ted Hapney.
“We’re not opposed to drug testing,” Hapney said. “We are opposed to the state doing it, but we have no objections to the companies doing it. But they can do it now. They don’t need a new law to do it.”
That may not be the case, according to Dailey.
Employers can require pre-employment drug testing, but random testing is limited to safety sensitive positions. Those have been interpreted to exclude mining decision-makers, such as those who decide where next to mine, she said.
The industry would like to broaden the definition to cover more jobs at coal mines and require vendors who are supplying safety sensitive services to have a program that meets certain requirements. That way, the coal operator would know, for example, if the mechanic repairing a piece of machinery underground is drugfree, Dailey said.
Workplace Drug Use
In his State of the State Address, Manchin addressed the “growing safety concern of work force drug abuse.”
“To highlight the importance of operating a drug-free workplace, I am proposing that the executive branch of state government lead the way and start to address this issue by adding a drug test requirement to the hiring process for all new executive branch employees,” Manchin said.
How prevalent is workplace drug use? According to statistics provided by the U.S. Department of Labor, an estimated 14.8 million Americans use illegal drugs. Although drug use is more common among the unemployed, 77 percent of adult drug users have jobs,
According to the 2002 National Survey on Drug Use and Health published by the U.S. Substance Abuse and Mental Health Administration, an estimated 10.6 percent of full-time and 10.5 percent of part-time adult workers abuse drugs or are drug dependent. In addition, most adults with substance dependence or abuse were employed either full or part time.
Although the Department of Labor does not break out drug use specifically for mining, it does have statistics for construction- related fields. Rates of substance abuse among different types of personnel within the construction industry are:
* current illegal drug use – 12.8 percent of laborers, 17.2 percent of supervisors and 17.3 percent of other workers;
* illegal drug use within the past year – 25.4 percent of laborers, 25.9 percent of supervisors and 23.4 percent of other workers;
* current heavy alcohol use – 19.9 percent of laborers, 12.7 percent of supervisors and 20.6 percent of other workers.
At West Virginia’s mines, no one knows how prevalent drug use may be, but Ron Wooten, director of the Office of Miners’ Health, Safety and Training, said the industry is no different than any other.
“Whatever is reflective of society is what we’re seeing,” Wooten said. “… We have found in toxicology reports evidence of drugs involved with individuals involved in accidents, but I can’t tell you the degree of impairment or whether it was a factor in the accident.”
In at least one mining accident in 2005, one that did not involve any fatalities, investigators found evidence that drugs played a role.
According to a report filed by the state mine safety office, a Sept. 30, 2005, accident at Massey Energy subsidiary Independence Coal Co.’s Twilight mine in Boone County, a dump truck operator struck and crushed a Chevrolet Suburban, injuring its two occupants.
The company and state and federal regulators investigated the accident and found the driver operated the dump truck “in a very hazardous manner” in violation of state code. The driver was found to be in possession of five different pill bottles, some containing prescription pain medication, while others were empty. The driver refused to undergo drug testing after the accident, the report states.
According to information provided by Massey attorney Shane Harvey, the truck driver’s employment was terminated, and the state is pursuing a revocation of his miner’s certification.
“The company has a rigorous preemployment, random and post- accident drug testing program. Even the most rigorous program, however, will not catch every offender, and there is currently nothing to stop an offender that we catch from seeking employment from another company that does not drug test,” Harvey said. “For that reason, we hope the Legislature enacts a meaningful mandatory drug testing program that will aid our efforts.”
‘Smoke and Mirrors’
The 2005 Boone County accident did not involve any fatalities, but after tragedy-filled 2006, during which 24 miners died on the job in West Virginia, Manchin’s legislative agenda involves additional changes to mine safety standards.
While Manchin promoted drug-free workplaces, however, the governor did not link the two subjects. Some critics have expressed skepticism about the coal industry’s motives regarding drug testing.
“I think the coal companies want us to focus on a problem that in my opinion does not exist rather than on where the real problems are,” said House Majority Whip Mike Caputo, D-Marion, a member of the United Mine Workers of America, “I don’t think any employee wants to or should be forced to work with another employee who is impaired, but I don’t think this problem is unique to coal mines.”
Caputo said the coal industry should be focusing on mine safety problems such as those highlighted in the investigation report into the Aracoma Alma No. 1 accident last year that killed two miners.
“The sprinkler systems didn’t work. The fittings didn’t match. Stoppings required by law were not in place, and, as a result, two miners died,” Caputo said. “The drug-testing thing is smoke and mirrors. Operators are pushing it to cover up the problems with mine management.”
But not all legislators are as skeptical as Caputo.
Delegate Eustace Frederick, D-Mercer, is a retired mining engineer who already has introduced a drugtesting bill this year.
Miners who use drugs are not the same as other workers, Frederick said.
“When he uses (drugs), he endangers not only himself but possibly hundreds of others – that’s the difference between a miner and a regular person using drugs,” he said. “Everybody should be tested with the danger that is inherently there.”
As a practical matter, Wooten said his mine safety inspectors would like to have the ability to take action when drug use is suspected.
“Our inspectors hear of things, and they’re frustrated because they have no authority to do anything about it. I tell them if they suspect (drug use), to contact local law enforcement or the State Police,” Wooten said. “I liken it to an airline pilot. I don’t want to get in an airplane when the pilot has been lighting up the night before. And remember – it is illegal.”
Copyright State Journal Corporation Jan 26, 2007
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