(a) If any injury or death shall occur to any person who has entered any mine, whether active workings, inactive workings, or abandoned workings, without permission, neither:
(1) The owner of that mine or property; nor
(2) The State of West Virginia or any of its political subdivisions, or any agency operating under color of law thereunder; nor
(3) Any person, organization, or entity involved in any rescue or attempted rescue of such person who has committed an entry without permission, shall be held liable in any court or other forum for such injury or death.
(b) The director is authorized to make the decision on whether a mine is too dangerous, and this decision is not subject to review by a court of this state.
(c) A company shall not be required or ordered to conduct rescue operations.
Structure West Virginia Code
Chapter 22A. Miners' Health, Safety and Training
Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement
§22A-1-1. Continuation of the Office of Miners' Health, Safety and Training; Purpose
§22A-1-3. Director of the Office of Miners' Health, Safety and Training
§22A-1-4. Powers and Duties of the Director of the Office of Miners' Health, Safety and Training
§22A-1-5. Offices Continued in the Office of Miners’ Health, Safety and Training
§22A-1-6. Director's Authority to Promulgate Rules
§22A-1-8. Mine Inspectors; Regions and Districts; Employment; Tenure; Oath
§22A-1-10. Mine Inspectors May Be Appointed to Fill Vacancy in Division
§22A-1-13a. Study of Mine Inspector Qualification, Compensation, Training and Inspection Programs
§22A-1-15. Findings, Orders and Notices
§22A-1-17. Review of Orders and Notices by the Director
§22A-1-23. Records and Reports
§22A-1-25. Duties of Mine Foreman Examiner
§22A-1-26. Place and Time for Examinations
§22A-1-28. Certificates of Qualification Heretofore Granted
§22A-1-29. Mine Foreman Examiner to Certify Successful Applicants to Director
§22A-1-30. Record of Examination
§22A-1-31. Withdrawal of Certification
§22A-1-33. Mine Rescue Stations; Equipment
§22A-1-36. Mandatory Safety Programs; Penalties
§22A-1-37. Certification of Surface Mine Foremen
§22A-1-39. Reciprocity of Mine Foreman Certification and Experienced Miner Certification
§22A-1-40. Reporting Violations, Accident Investigations; Witness Interviews
§22A-1-41. The Coal Jobs and Safety Act of 2015; Legislative Findings
§22A-1-42. Surface Ground Control Plan; Automated External Defibrillator
§22A-1-43. Hold Harmless Clause; Decision to Enter Mine
§22A-1-44. Temporary Exemption for Environmental Regulations