Title of Regulation: 4VAC25-20. Board of Coal Mining Examiners Certification Requirements (amending 4VAC25-20-210, 4VAC25-20-220).

Statutory Authority: §§ 45.1-161.28 and 45.1-161.34 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 11, 2013.

Effective Date: September 25, 2013.

Agency Contact: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TTY (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.

Basis: Section 45.1-161.28 of the Code of Virginia authorizes the board to promulgate regulations necessary or incidental to the performance of its duties. Section 45.1-161.34 of the Code of Virginia mandates that the board promulgate regulations establishing requirements for programs of continuing education for holders of certification.

Purpose: The purpose of this regulation is to reduce regulatory burden on those applying for certification in advanced first aid instruction by increasing the number of training programs in cardiopulmonary resuscitation (CPR) from which applicants can select. The current regulation only allows two options and other programs currently exist that are less expensive and may better fit the applicant's needs. Standards for first aid instruction and training are necessary to protect the public health, safety, and welfare.

Rationale for Using Fast-Track Process: This regulation reduces regulatory burden, lowers costs, and increases the options for the regulated community. Therefore, it is expected to be noncontroversial.

Substance: This regulatory action amends two sections related to certification for advanced first aid instruction. The first change would allow for annual refresher training and recertification every two years for CPR, as opposed to the current annual recertification requirement. Certifications offered by entities such as the American Red Cross are typically good for two years. The second change would increase the number of acceptable training programs applicants can complete in order to receive certification.

Issues: The primary advantage to this regulation is to reduce costs and burdens on the regulated community; it will have no impact on state government or localities. There are no known disadvantages.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Coal Mining Examiners (Board) proposes two amendments to these regulations. First, the Board proposes to clarify that for ongoing advanced first aid certification, CPR recertification need only be done once every two years instead of annually. Second, for advanced first aid instructor certification, the Board proposes to accept CPR certification by other training programs in addition to the American Heart Association or the American Red Cross. Currently only CPR training by the American Heart Association and the American Red Cross are accepted.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The Board issues numerous certifications, including advanced first aid. Required training for the advanced first aid certification includes cardiopulmonary resuscitation (CPR). Continuing education, including recertification in CPR, is required in order to remain certified in advanced first aid in good standing. The current regulations imply that recertification in CPR should be done annually; but certifications for CPR last for two years in practice. Thus, the Board proposes to amend the language in these regulations to make clear that the CPR recertification need only be done once every two years instead of annually. This proposed change will be beneficial in that it will eliminate confusion, but will not change what occurs and what is required in practice.

In addition to issuing certification in advanced first aid, the Board also certifies advanced first aid instructors. The current regulations state that applicants must be certified in CPR by either the American Heart Association or the American Red Cross. The Board proposes to also accept CPR certification by other training programs which are approved by the Virginia Office of Emergency Services and approved by the Chief of the Division of Mines. According to the Department of Mines, Minerals and Energy, one such organization under consideration is the American Safety and Health Institute.

This proposed change has the potential to moderately reduce costs for individuals seeking advanced first aid instructor certification. CPR training by the American Safety and Health Institute or another potentially approved organization may be offered at a closer location or a more convenient time for advanced first aid instructor certification applicants. So time and perhaps fuel may be saved. Also, these potentially approved organizations may charge lower fees than the American Heart Association or the American Red Cross. Assuming that the Virginia Office of Emergency Services and the Chief of the Division of Mines only approve organizations that provide competent training, the proposal to approve additional organizations for CPR training should not negatively affect the CPR providing/instructing competence of certified advanced first aid instructors. Thus this proposal should provide a net benefit.

Businesses and Entities Affected. The proposed amendments potentially affect the approximately 15 to 20 coal mining operators in the Commonwealth, as well as all the 826 individuals certified in advanced first aid and individuals certified as advanced first aid instructors by the Board.¹ Providers of CPR training such as entities affiliated with the American Heart Association, the American Red Cross, and the American Safety and Health Institute are also potentially affected.

Localities Particularly Affected. The proposed regulatory amendments particularly affect the counties where coal mining predominantly occurs, i.e., Buchanan, Dickenson, Lee, Russell, Scott, Tazewell, and Wise.²

Projected Impact on Employment. The proposal to accept CPR certification by other training programs (in addition to the American Heart Association or the American Red Cross) for advanced first aid instructor certification may shift a moderate amount of business from American Heart Association or the American Red Cross affiliated training establishments to other approved organizations. This proposed change will not likely have a large impact on employment though.

Effects on the Use and Value of Private Property. The proposal to accept CPR certification by other training programs (in addition to the American Heart Association or the American Red Cross) for advanced first aid instructor certification may enable advanced first aid instructor certification applicants to find approved training at a closer location and/or a location with lower fees or more conveniently timed classes. Thus, there may be a shift in a moderate amount of business from American Heart Association or the American Red Cross affiliated training establishments to other approved organizations.

Small Businesses: Costs and Other Effects. The proposed amendments will not increase costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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¹ Figures provided by the Department of Mines, Minerals and Energy

² Source: Department of Mines, Minerals and Energy

Agency's Response to Economic Impact Analysis: The Department of Mines, Minerals and Energy concurs with the economic impact analysis conducted by the Department of Planning and Budget.

Summary:

The amendments provide for (i) annual training in cardiopulmonary resuscitation (CPR) and recertification every two years to maintain advanced first aid certification and (ii) CPR certification by training programs other than those of the American Heart Association or the American Red Cross.

4VAC25-20-210. Advanced first aid.

A. Applicants shall complete a 24-hour advanced first aid class, at minimum, taught by a certified advanced first aid instructor or possess appropriately related work experience approved by the chief and pass the advanced first aid examination.

B. Approved advanced first aid classes shall cover the following subjects:

1. Introduction to first aid;

2. Respiratory emergencies and cardiopulmonary resuscitation; i.e., heart saver or other four-hour equivalent;

3. Removal of foreign bodies from the throat (the Heimlich Maneuver);

4. Wounds;

5. Shock;

6. Specific injuries including head and chest;

7. Contamination, infection, and prevention;

8. Burns;

9. Cold exposure and frost bite;

10. Bone and joint injuries;

11. Dressings and bandages;

12. Sudden illness;

13. Emergency underground rescue and transfer;

14. Unusual rescue situations related to mining;

15. Poisoning, toxic and hazardous materials;

16. Transportation of victims; and

17. Heat exposure.

C. An advanced first aid certification in good standing with the BCME shall remain valid until the last day of the month following the anniversary date of the initial or continuing education training. Certified persons shall complete four hours continuing education annually, which is taught by a certified advanced first aid instructor, to maintain their advanced first aid card. This continuing education requirement shall include recertification documented annual training in CPR and recertification every two years.

D. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed.

E. Applicants holding a valid EMT card or EMT first responder card, shall be deemed eligible to receive advanced first aid certification without having to complete the initial advanced first aid class or without passing the advanced first aid examination. All applicants shall complete eight hours of continuing education. The advanced first aid certification shall start on the day the applicant's EMT certification or EMT first responder certification expires.

F. Failure to complete required continuing education shall result in suspension of the certification pending completion of the continuing education. If the continuing education requirement is not met within one year from the suspension date, then the certification shall be revoked by the BCME.

G. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, DMME will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

4VAC25-20-220. Advanced first aid instructor.

A. Applicants shall be certified as an advanced first aid instructor by the American Red Cross, National Safety Council, Virginia Office of Emergency Medical Services, or as otherwise approved by the chief. Applicants shall also be certified in cardiopulmonary resuscitation by the American Heart Association or, the American Red Cross, or other training programs approved by the Virginia Office of Emergency Medical Services and approved by the chief. Advanced first aid instructors must use the materials and training aids necessary to deliver the skills and training associated with advanced first aid.

B. The holder of the certificate shall submit documentation to the division indicating that they have continued their certification as required by subsection A of this section or by teaching one initial or refresher first aid training course for DMME within a two-year period.

C. Failure to maintain a certified advanced first aid instructor's certification will result in suspension of the applicant's BCME certification. Applicants may meet the teaching requirement by teaching under the supervision of an advanced first aid instructor. If the certification is not renewed within one year from the suspension date, then the certification shall be revoked by the BCME.

D. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, DMME will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.