Current through Register Vol. XLI, No. 45, November 8, 2024
Section 56-19-6 - Responsibilities of the Director6.1. Upon receipt of a notice as required by Section 5.12. of this rule and upon verification that the pre-employment applicant or the employee tested positive by urine test for at least 1 of the 10 substances identified therein or had a blood alcohol level at or in excess of .04 concentration at the time of testing, the Director shall issue an immediate temporary suspension of all certifications held by the person pending a hearing before the Board of Appeals pursuant to W. Va. Code §22A-1A-2. The Director shall mail, by certified mail, to the person notice of the temporary suspension and that he or she has the right to pursue 1 of the following options: 6.1.1. Appeal the suspension to the Board of Appeals within 30 days, or6.1.2. Notify the Director within 30 days that the temporarily suspended person intends to enter into a Treatment Plan Agreement sanctioned by the Board of Appeals as set forth in Section 9 of this rule. Costs of the evaluation, treatment and drug and alcohol tests shall be the responsibility of the temporarily suspended person.6.2. The certified mailing shall also inform the individual that failure to file an appeal pursuant to Subsection 6.1.1. or failure to notify the Director of that individual's intent to comply with Subsection 6.1.2. of this rule within 30 days could result in the Board of Appeals suspending all certifications issued to that individual for a period of not less than 3 years and that the individual shall remain ineligible for any other certification issued by the Office of Miners' Health, Safety and Training during the suspension period.6.3. The Director shall immediately and temporarily suspend any certification issued by the Office of Miners' Health, Safety and Training or any safety-sensitive certification upon receipt of a suspension or revocation of a certified person's certificate as a miner or other miner specialty in another jurisdiction by the applicable regulatory or licensing authority for substance abuse related matters. The immediate and temporary suspension shall remain in effect until such time as the certified person's certification is reinstated in the other jurisdiction or modified by the Board of Appeals pursuant to W. Va. Code §22A-1A-2.6.4. The Director shall issue an immediate temporary suspension of a certified person's West Virginia certification(s), including any safety-sensitive certification, under the following circumstances:6.4.1. The person tests positive on a urine test for any of the 10 substances identified in Section 5.4. of this rule and is verified to have failed the test by the medical review officer.6.4.2. The person's chemical test of breath shows a blood alcohol level at or in excess of .04 concentration at the time of testing.6.4.3. The person possesses an adulterated specimen or the drug test results demonstrate the submission of an adulterated specimen.6.4.4. The person possesses a substituted specimen or the drug test results demonstrate the submission of a substituted specimen.6.4.5. The person refuses to submit to a drug or alcohol test.6.5. Any person who has his or her certification(s) temporarily suspended by the Director may file an appeal of the temporary suspension with the Board of Appeals. The notice of appeal shall be in writing and filed with the Board of Appeals within 30 days of issuance of the notice of suspension.6.6. Upon receipt of a notice as required by Section 5.12. of this rule of a person having failed a substance abuse test for a second time, the Director shall issue an immediate temporary suspension of all certifications held by the person and shall immediately initiate proceedings for the permanent revocation of all certifications held by the person pending a hearing before the Board of Appeals pursuant to W. Va. Code §22A-1A-2.6.7. No certification may be permanently revoked until such time as the individual has been granted adequate opportunity for a hearing before the Board of Appeals conducted in accordance with W. Va. Code §22A-1A-2.6.8. Records of substance abuse and drug testing, written or otherwise, received by the Office of Miners' Health, Safety and Training, its employees, agents and representatives are confidential communications and exempt from disclosure under W. Va. Code §29B-1-1, except where disclosure is authorized pursuant to '22A-1A-3.