Page 17 - West Virgina 811 Magazine 2022 Issue 2
P. 17

of our penalties and our corrective measures. Our penalties are not staggering, and our corrective measures and educational requirements are focused. Their purpose, to reduce the incidence of failures giving rise to complaints, to promote safe behavior and potentially create an environment where enforcement will no longer be necessary, that is our goal. My research has indicated that many such groups elsewhere levy higher fines than we do, but I have not seen a corresponding decrease in their complaints. Perhaps there are just a certain number of these complaints that will never go away. While I am sure that my results and observations are less than empirical in nature, I feel confident that we are on the proper course.
We always review the complaint
and make a judgment prior to the consideration of any corrective action or penalty. It is our sentiment that this allows a more neutral observation and judgment of the facts of the complaint. If the complaint is judged to be valid, then we enter the penalty phase discussion.
We always review the complaint and make
a judgment prior to the consideration of any corrective action or penalty.
Through education, some fines, process improvement plans (and necessary modifications to them when subsequent failures occur), the committee has performed its task. We have seen some growth in the number of complaints, but some against parties that have been doing the wrong things for some time and have just now been observed in that situation. It is a terrific opportunity to correct what they do. In the cases where we have had a persistent violator, however, we will not falter in the
action we take and have done so when necessary.
While I wish that there were a proper and correct answer that I could give,
it does seem a lot like parenting, with best guesses, research, concerns, and witnessing the results. Our performance is reviewed annually by our state legislature, and we are subject to periodic reviews. Perhaps their view is
a lot like being a grandparent, hoping that they have equipped us to do our job in the best interest of the State, of safety and of public welfare.
Mr. Igel recently retired as vice president of the George J. Igel & Co., Inc. after working there for more than 35 years.
2022, Issue 2 West Virginia 811 • 15

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