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Committee approves bill aligning West Virginia diesel‑equipment rules with MSHA; amendment freezes federal baseline as of July 1, 2025

March 28, 2025 | 2025 Legislature WV, West Virginia


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Committee approves bill aligning West Virginia diesel‑equipment rules with MSHA; amendment freezes federal baseline as of July 1, 2025
A Senate committee approved a measure to streamline diesel‑equipment regulations in West Virginia coal mines by aligning state requirements with federal Mine Safety and Health Administration (MSHA) standards and removing additional site‑specific testing and some state maintenance requirements that differ from federal rules.

Committee counsel told members the bill would authorize the Office of Miners Health, Safety and Training to promulgate rules for diesel‑powered equipment in underground coal mines but would require those rules not to be more burdensome than MSHA regulations. The substitute declares that any internal policy, directive or provisional rule contrary to that limitation would be null and void. Counsel said equipment approved under MSHA standards would be deemed approved for use in West Virginia and that equipment may be moved among mines within the state and put into service after notifying the director of the Office of Miners Health, Safety and Training.

Several senators expressed concern about tying state rules to the federal baseline if federal regulations become less protective in the future. Senator from Marion offered an amendment to fix the federal regulatory baseline by specifying that the comparison point is MSHA regulations “as of 07/01/2025.” The committee heard witnesses from labor and industry: Chad Francis, a United Mine Workers of America representative, testified that he could not immediately opine on implementation specifics but said he and the committee share concern for miners’ safety; Chris Hamilton of the West Virginia Coal Association said he did not see a downside and described state‑federal duplication in mine safety enforcement and budgets.

After discussion and testimony the committee adopted the Marion amendment to freeze the federal comparison point as of July 1, 2025, and later adopted the committee substitute as amended. The vice chair moved that the committee substitute for originating bill number 2 as amended be reported to the full Senate with a recommendation that it do pass; the motion carried by voice vote and the chair declared the motion adopted.

The committee’s actions remove certain state-specific emission testing and maintenance‑frequency requirements that counsel said are inconsistent with MSHA standards and deem MSHA‑approved equipment acceptable statewide.

Votes at a glance: Committee adopted an amendment to fix the MSHA comparison date (07/01/2025), approved the committee substitute as amended, and voted to report the bill to the full Senate with a recommendation that it pass (voice votes; tallies not specified).

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