The April amendment to the Mandatory Drug Testing Rule under Title 56, Series 19, filed by the WV Office of Miners’ Health, Safety became effective on May 21. The amendment added the following provisions to the original rule that was filed by OMHST on December 27th 2012: (1) a breath test for alcohol as part of the substance abuse screening policy and program; (2) a requirement for operators to report individuals who fail a “pre-employment” drug test for purposes of initiating de-certification proceedings; (3) a definition of “serious accident” for purposes of post-accident drug testing; and, (4) established a 0.04% impaired level for alcohol consumption.

A companion rule, extending the reporting and de-certification requirements to all individuals who fail a drug or alcohol test prescribed under state law, was promulgated by the Board of Coal Mine Health & Safety under Title 36, Series 55.  This rule was designed to close a major loop hole in the State's mandatory drug testing program and becomes effective on July 1, 2013.

West Virginia has filed a “friend of the court brief” with the U.S. Supreme Court in an attempt to get the Court to rein in the federal Environmental Protection Agency when it comes to greenhouse gas emissions.

Governor Earl Ray Tomblin and State Attorney General Patrick Morrisey announced the filing last Friday. West Virginia joins the states of Kansas and Montana in the EPA challenge.  The states want the Supreme Court to take up an appeal of a lower court ruling that was in favor of the EPA. The state’s ruling allows the EPA to go too far with the Clean Air Act.  The joint announcement Friday said “the U.S. Supreme Court should hear the case to clarify that the EPA has misinterpreted the Clean Air Act and acted outside the scope of its legal and Constitutional authority.”

West Virginia Gov. Earl Ray Tomblin, a Democrat, and state Attorney General Patrick Morrisey, a Republican, teamed up Friday to ask the U.S. Supreme Court to hear a challenge to rules proposed by the U.S. Environmental Protection Agency.

The Mountain State joined Kansas and Montana in filing a friend of the court brief asking the high court to hear a challenge to a lower court ruling that upheld the EPA's interpretation of its powers under the Clean Air Act. At issue are four consolidated cases.

The states contend that ruling would allow the agency to go way too far.

In response to the growing energy industries in the tri-state area, West Liberty University's Resource Corp. kicked off a new coal and natural gas industry initiative known as the Institute for Energy and Commerce on Tuesday at the university's Highlands Center.

During a press conference at the center, WLU President Robin Capehart said the initiative is in response to the "rapidly changing economic world in which we live."

Capehart said the program will continue to fulfill the university's role in two ways: providing a quality educational experience and serving as a resource for the community, the region and the state by producing research, programs and initiatives that will "advance the knowledge base and contribute to the economic needs" of the area.

The Friends of Coal and Cabela’s in Wheeling will be teaming up for Friends of Coal “Miner Appreciation” Days at the store on June 26-29.  It will be part of their “Hometown Heroes” promotion with employee discounts extended to Friends of Coal. Details remain to be worked out but if you are an avid outdoorsman, markJune 26-29th on your calendar to join Friends of Coal in Wheeling. Check out next week’s Coal Bits for more information.