West Virginia Code Chapter 22A. Miners' Health, Safety and Training § 22A-2-71. Right of miner to refuse to operate unsafe equipment; procedure; discrimination

No miner shall be required to operate unsafe equipment. On or before the first day of January, one thousand nine hundred eighty-one, the board of coal mine health and safety shall by rule or regulation establish a procedure for resolving disputes arising out of the refusal by a miner to operate such alleged unsafe equipment. No action shall be taken against a miner by an operator unless such miner is found to have acted in bad faith and without good cause by the director or his authorized representative.