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FEATURED
Senators spike miner whistleblower bill
CHARLESTON, W.Va. (AP) _ They failed to prevent a recording of their vote, but enough senators proved able Friday to kill proposed protections for whistleblowing coal miners.
A majority in the Senate Judiciary Committee shot down a bill that aimed to expand an anti-discrimination law that covers miners who report, file complaints or testify about alleged safety rules violations or dangers.
The measure sought to increase the circumstances under which miners can allege unsafe conditions without fear of firing or other retaliation. They included when a miner "has refused to work in an area or under conditions which he or she believes to be unsafe."
Opponents argued the measure failed to improve the existing statute.
"I'm hearing people say, there's not a greater protection here," said Sen. Mike Hall, R-Putnam, before voting down the bill.
Echoing Hall, Sen. Ron Stollings also said he instead supported an earlier version of the bill.
"I'm looking at the old language, and the old language is pretty strong," said Stollings, D-Boone.
He also said the current law seems adequate.
"(Miners) just need to be educated that they have a remedy, and that the remedy is in the current law," Stollings said.
Those who disagreed included Delegate Bill Hamilton. Addressing his Senate colleagues, the Upshur County Republican reminded them of the 2006 Sago disaster that killed a dozen miners in his district.
The dead included a close friend. Hamilton recalled George "Junior" Hamner telling him that his bosses had just three rules for mining: production, production and production.
"'They're not doing the proper rock dusting on a daily basis, they're not doing their routing maintenance,'" Hamilton said he was told, adding that to this day, "I've heard from family members who say they're afraid to come forward."
Hamilton argued that such fear persists despite current law, including the rescue and safety measures enacted in the wake of Sago and other mine deaths that year.
"The comment made to them is, 'You don't like working here, you can hit the road,'" Hamilton said. "I can't be the only delegate or senator in the West Virginia Legislature that has received these calls."
Opponents also questioned whether the bill would still fail to protect potential whistleblowers, despite its intent. Sen. Randy White, D-Webster and a co-sponsor, bristled at that argument.
"This is not false hope," said White, whose district also includes Sago. "This is a statement that no man or woman in this state has to fear for their job if they refuse to go into an unsafe mine. This is about protecting their families."
When White requested a roll call vote, Sen. Frank Deem, R-Wood, objected. His objection failed on a voice vote. Deem then voted against the proposal along with Hall, Stollings and Sens. Clark Barnes, R-Randolph; Don Caruth, R-Mercer; Joe Minard, D-Harrison; Erik Wells, D-Kanawha; and John Yoder, R-Jefferson.
Chairman Jeff Kessler, D-Marshall, supported the committee's version of the bill along with White and Sens. Truman Chafin, D-Mingo; Dan Foster, D-Kanawha; Jon Blair Hunter, D-Monongalia; and Evan Jenkins, D-Cabell.
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