Mannix Porterfield
CHARLESTON — Firefighters are in charge of chemical leaks or other hazards, but if a highway crash is likely to prompt at least a two-hour traffic delay, the Department of Transportation must send a team in to get motorists rolling again.
That, in essence, is how SB384 read as it cleared the House of Delegates in a 93-3 vote Monday and moved on to the governor’s desk.
Sen. Mike Green, D-Raleigh, led earlier passage of the bill in the Senate, one that came in response to a massive traffic snarl that left motorists stuck on and off the West Virginia Turnpike more than 10 hours last summer.
Making matters worse after a chemical-hauling 18-wheeler flipped en route to the Chelyan plaza in a southbound lane, another truck wedged against an overpass on a road off the Turnpike.
A dispute arose in the aftermath over who held jurisdiction while dealing with the unknown chemical and the stalled commuters — fire crews or police?
Government Organization Chairman Jim Morgan, D-Cabell, made it clear that the incident commander is the ranking fire officer on the scene, from the chief on down, and that no movement occurs until a clearance is given.
If several volunteer units arrive, he told Delegate Kelli Sobonya, R-Cabell, the first one there takes charge.
Morgan told Delegate Barbara Hatfield, D-Kanawha, that the proposed state law is actually in compliance with the National Incident Management Act in the handling of highway accidents that involve hazardous cargo.
Except on federal property, the fire chief or any other line officer has the authority to shut down a road until a situation is cleared up.
Moreover, Morgan told Roads and Transportation Chairman Dale Martin, D-Putnam, the measure had the backing of the DOT, volunteer units, and the West Virginia State Troopers Association.
Actually, Delegate Margaret Staggers, D-Fayette, told her fellow lawmakers, anyone completing national incident training who arrives first at an accident can assume charge.
“I’ve taken the national incident training because I’m a paramedic,” said Staggers, an emergency room physician at Beckley ARH Hospital.
Staggers invited delegates to borrow a DVD on the training and become certified.
“Just looking at it,” Delegate Bob Ashley, R-Roane, one of three who opposed the bill, said afterward, “it didn’t go in the code very deep.”
Besides Ashley, the other “no” votes were cast by Delegates John Ellem, R-Wood, and Robert Schadler, R-Mineral.
“I don’t know if we have it resolved in code what happens when a lesser ranking person shows up first,” Ashley said. “With the responding fire department and then a higher ranking person comes in later, how’s the transition before it goes to DOT? I’m a little concerned about that.”
