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WV Code § 22A-2A-901 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines|§22A-2A-901. Training and General Requirements

§22A-2A-901. Training and general requirements.(a) Rules of the commission shall establish programs for training equipment operators and members of the mine health and safety committee. Training shall include, but not be limited to, the following:(1) Fundamentals of the operation of a diesel engine;(2) Federal and state regulations governing the use of diesel-powered equipment;(3) The mine operator's rules for safe operation;(4) Specific features of each piece of equipment; and(5) Problem recognition.(b) Required training shall include equipment specific, hands-on orientation given in an area of the mine where the equipment will be operated. This orientation shall be specific to the type and make of the diesel machine and shall be presented in small groups.(c) Rules of the commission shall establish a certification process for qualifying equipment operators to operate a specific type of diesel-powered equipment. An operator may be qualified to operate more than one type of equipment by completing additional equipment-specific training covering differences specific to each additional type of equipment.(d) Rules of the commission shall require refresher training, separate from that required by MSHA regulations at 30 C.F.R. Pt. 48 (relating to the training and retraining of miners), and annual recertification.
WV Code § 22A-2A-1001 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines|§22A-2A-1001. Existing State Rules to Be Revised

Unless otherwise revised, by August 31, 2018, the director shall revise state rules promulgated pursuant to the authority of this chapter as follows:(1) To reflect the abolishment of the West Virginia Diesel Equipment Commission and transfer of duties and responsibilities to the director, pursuant to §22A-2A-301 of this code;(2) To reflect that a mine operator shall be permitted to replace a filter or catalyst of the same make and model without contacting the Office of Miners’ Health, Safety, and Training;(3) To reflect that ASE certified diesel mechanics shall make repairs and adjustments to diesel fuel injection systems, engine timing, or exhaust emissions control and conditioning systems; (4) To permit a mine operator to dispose of used intake air filters, exhaust diesel particulate matter filters, and engine oil filters in their original containers or other suitable enclosed containers and to remove them from the underground mine to the surface no less than once in a 24-hour period; (5) To require that records of emissions tests, 200-hour maintenance tests, and repairs shall be countersigned once each week by the certified mine electrician or mine foreman, that scheduled maintenance and an independent analysis of engine oil occur at 200 hours of engine operation, and that diagnostic testing of engine operation occur at 200 hours; (6) To remove the requirement that a portable carbon monoxide (CO) sampling device be installed into the untreated exhaust gas coupling provided in the operator’s cab;(7) To modify the time and duration for which the CO sampler must be started to measure and record CO levels from every minute for five minutes to every 30 seconds for 90 seconds;(8) To modify the alternative condition by which equipment fails under 196 C. S. R. §1-21, to omit the reference to the average CO reading for untreated exhaust gas is greater than twice the baseline; (9) To remove the requirement for eight hours of annual diesel equipment operator refresher training separate from that required by MSHA regulations; and(10) To permit the use of diesel generators in underground mines so long as the generator is vented directly to the return and at least one person is present within sight and sound of the generator: Provided, That all current state rules and statutes relating to the use of diesel-powered equipment and electricity generation remain in force.
WV Code § 22A-3-1 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 3. Underground Clay Mine|§22A-3-1. Definition

In this article the term "mine" includes the shafts, slopes, drifts or inclines connected with excavations penetrating clay seams or strata, which excavations are ventilated by one general air current or division thereof, and the surface structures or equipment connected therewith which contribute directly or indirectly to the underground mining of clay.
WV Code § 22A-3-2 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 3. Underground Clay Mine|§22A-3-2. Clay Mine Foreman; When to Be Employed; Qualifications; Assistants

In every underground clay mine where five or more persons are employed in a period of twenty-four hours, the operator shall employ a mine foreman who shall be a competent and practical person holding a certificate of competence for said position issued to him or her by the Office of Miners' Health, Safety and Ttraining after an examination by such office. In order to receive a certificate of competence qualifying a foreman in an underground clay mine, the applicant shall take an examination prescribed by the Director of the Office of Miners' Health, Safety and Training, be a citizen of this state, of good moral character and temperate habits, having had at least three years' experience in the underground working of clay mines.
WV Code § 22A-3-3 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 3. Underground Clay Mine|§22A-3-3. Rules for Protection of Health and Safety of Employees

The Director of the Office of Miners' Health, Safety and Training may, from time to time, promulgate reasonable rules for the protection of the health and safety of the persons working in or about underground clay mines, to the extent the same are not more onerous or restrictive than the laws of this state intended to safeguard the life and health of persons working in underground coal mines contained in article two of this chapter.
WV Code § 22A-4-1 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 4. Open-Pit Mines, Cement Manufacturing Plants and Underground Limestone and Sandstone Mines|§22A-4-1. Definitions

Unless the context in which used clearly requires a different meaning as used in this article:(a) "Open-pit mine" means an excavation worked from the surface and open to daylight.(b) "Underground mine" means subterranean workings for the purpose of obtaining a desired material or materials.(c) "Sand" means waterworn sandstone fragments transported and deposited by water.(d) "Gravel" means an occurrence of waterworn pebbles.(e) "Sandstone" means a compacted or cemented sediment composed chiefly of quartz grains.(f) "Limestone" means a sedimentary rock composed mostly of calcium carbonate.(g) "Clay" means a natural material of mostly small fragments of hydrous aluminum silicates and possessing plastic properties.(h) "Shale" means a laminated sedimentary rock composed chiefly of small particles of a clay grade.(i) "Iron ore" means a mineral or minerals, and gangue which when treated will yield iron at a profit.(j) "Manganese ore" means a metalliferous mineral which when treated will yield manganese at a profit.
WV Code § 22A-4-2 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 4. Open-Pit Mines, Cement Manufacturing Plants and Underground Limestone and Sandstone Mines|§22A-4-2. Applicability of Mining Laws

All provisions of the mining laws of this state intended for the protection of the health and safety of persons employed within or at any coal mine and for the protection of any coal mining property extend to all open-pit mines and any property used in connection therewith for the mining of underground limestone and sandstone mines, insofar as such laws are applicable thereto.
WV Code § 22A-4-3 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 4. Open-Pit Mines, Cement Manufacturing Plants and Underground Limestone and Sandstone Mines|§22A-4-3. Rules

The Director of the Office of Miners' Health, Safety and Training shall promulgate reasonable rules, in accordance with and confined to the provisions of chapter twenty-nine-a of this code, for the effective administration of this article.
WV Code § 22A-4-4 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 4. Open-Pit Mines, Cement Manufacturing Plants and Underground Limestone and Sandstone Mines|§22A-4-4. Monthly Report by Operator

The operator of such mine shall, on or before the end of each calendar month, file with the Director of the Office of Miners' Health, Safety and Training a report covering the preceding calendar month on forms furnished by the director. Such reports shall state the number of accidents which have occurred, the number of persons employed, the days worked and the actual tonnage mined.
WV Code § 22A-4-5 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 4. Open-Pit Mines, Cement Manufacturing Plants and Underground Limestone and Sandstone Mines|§22A-4-5. Inspectors

The Director of the Office of Miners' Health, Safety and Training shall divide the state into not more than two mining districts and assign one inspector to each district. Such inspector shall be a citizen of West Virginia, in good health, of good character and reputation, temperate in habits, having a minimum of five years of practical experience in such mining operations and who at the time of appointment is not more than fifty-five years of age. To qualify for appointment as such an inspector, an eligible applicant shall submit to a written and oral examination by the mine inspectors' examining board and furnish such evidence of good health, character and other facts establishing eligibility as the board may require. If the board finds after investigation and examination that an applicant: (1) Is eligible for appointment; and (2) has passed all written and oral examinations, with a grade of at least ninety percent, the board shall add such applicant's name and grade to the register of qualified eligible candidates and certify its action to the Director of the Office of Miners' Health, Safety and Training. No candidate's name shall remain in the register for more than three years without requalifying.Such inspector shall have the same tenure accorded a mine inspector, as provided in subsection (e), section twelve, article one of this chapter and shall be paid not less than $15,000 per year. Such inspector shall also receive reimbursement for traveling expenses at the rate of not less than 15¢ for each mile actually traveled in the discharge of their duties in a privately owned vehicle. Such inspector shall also be reimbursed for any expense incurred in maintaining an office in his or her home, which office is used in the discharge of official duties: Provided, That such reimbursement shall not exceed $240 per annum.
WV Code § 22A-4-6 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 4. Open-Pit Mines, Cement Manufacturing Plants and Underground Limestone and Sandstone Mines|§22A-4-6. Penalties

Any person who fails or refuses to discharge any provision of this article, rule promulgated or order issued pursuant to the provisions of this article, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment not exceeding six months, or by both.
WV Code § 22A-5-1 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 5. Board of Appeals|§22A-5-1. Board of Appeals

There is hereby continued a board of appeals, consisting of three members. Two members of the board shall be appointed by the Governor, one person who by reason of previous training and experience may reasonably be said to represent the viewpoint of miners, and one person who by reason of previous training and experience may reasonably be said to represent the viewpoint of the operators. The third person, who is chair of the board and who must not have had any connection at any time with the coal industry or an organization representing miners, is selected by the two members appointed by the Governor. The term of office of members of the board is five years.The function and duties of the board is to hear appeals, make determinations on questions of miners' entitlements due to withdrawal orders and appeals from discharge or discrimination, and suspension of certification certificates.The chair of the board has the power to administer oaths and subpoena witnesses and require production of any books, papers, records or other documents relevant or material to the appeal inquiry.The chair shall subpoena any witness requested by a party to a hearing to testify or produce books, records or documents. Any witness responding to a subpoena so issued shall receive a daily witness fee to be paid out of the State Treasury upon a requisition of the State Auditor equivalent to the rate of pay under the wage agreement currently in effect plus all reasonable expenses for meals, lodging and travel at the rate applicable to state employees. Any full payments as hereinbefore specified shall be in full and exclusive payment for meals, lodging, actual travel and similar expenses and shall be made in lieu of any lost wages occasioned by such appearance in connection with any hearing conducted by the board.Each member of the board shall be paid the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. No reimbursement for expenses shall be made except upon an itemized account, properly certified by such members of the board. All reimbursement for expenses shall be paid out of the State Treasury upon a requisition upon the State Auditor.Board members, before performing any duty, shall take and subscribe to the oath required by section 5, article IV of the Constitution of West Virginia.
WV Code § 22A-5-2 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 5. Board of Appeals|§22A-5-2. Powers Transferred to the Board of Appeals

(a) There are hereby transferred to the Board of Appeals all functions of the Director of the Office of Miners' Health, Safety and Training relating to the review of orders and notices as set forth in section seventeen, article one of this chapter.(b) There are hereby transferred to the Board of Appeals all functions of the Director of the Office of Miners' Health, Safety and Training relating to the review of penalty assessments as set forth in subdivision (3), subsection (a), section twenty-one, article one of this chapter .(c) Judicial review of decisions by the Board of Appeals shall be available and conducted in the same fashion as set forth in section nineteen, article one of this chapter.
WV Code § 22A-6-1 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 6. Board of Coal Mine Health and Safety|§22A-6-1. Declaration of Legislative Findings and Purpose

(a) The Legislature hereby finds and declares that:(1) The Legislature concurs with the congressional declaration made in the Federal Coal Mine Health and Safety Act of 1969 that "the first priority and concern of all in the coal mining industry must be the health and safety of its most precious resource -- the miner";(2) Coal mining is highly specialized, technical and complex and it requires frequent review, refinement and improvement of standards to protect the health and safety of miners;(3) During each session of the Legislature, coal mine health and safety standards are proposed which require knowledge and comprehension of scientific and technical data related to coal mining;(4) The formulation of appropriate rules and practices to improve health and safety and provide increased protection of miners can be accomplished more effectively by persons who have experience and competence in coal mining and coal mine health and safety.(b) In view of the foregoing findings, it is the purpose of this article to:(1) Continue the board of coal mine health and safety;(2) Require such board to continue as standard rules the coal mine health and safety provisions of this code;(3) Compel the board to review such standard rules and, when deemed appropriate to improve or enhance coal mine health and safety, to revise the same or develop and promulgate new rules dealing with coal mine health and safety; and(4) Authorize such board to conduct such other activities as it deems necessary to implement the provisions of this chapter.
WV Code § 22A-6-2 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 6. Board of Coal Mine Health and Safety|§22A-6-2. Definitions

Unless the context in which a word or phrase appears clearly requires a different meaning, the words and phrases defined in section two, article one of this chapter have, when used in this article, the meaning therein assigned to them. For the purpose of this article, "board" means the Board of Coal Mine Health and Safety continued by section three of this article.
WV Code § 22A-6-5 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 6. Board of Coal Mine Health and Safety|§22A-6-5. Preliminary Procedures for Promulgation of Rules

(a) Prior to the posting of proposed rules as provided for in subsection (c), section four of this article, the board shall observe the preliminary procedure for the development of rules set forth in this section:(1) During a board meeting or at any time when the board is not meeting, any board member may suggest to the Health and Safety Administrator, or such administrator on his or her own initiative may develop, subjects for investigation and possible regulation;(2) Upon receipt of a suggestion for investigation, the Health and Safety Administrator shall prepare a report, to be given at the next scheduled board meeting, of the technical evidence available which relates to such suggestion, the staff time required to develop the subject matter, the legal authority of the board to act on the subject matter, including a description of findings of fact and conclusions of law which will be necessary to support any proposed rules; (3) The board shall by majority vote of those members who are present determine whether the Health and Safety Administrator shall prepare a draft rule concerning the suggested subject matter;(4) After reviewing the draft rule, the board shall determine whether the proposed rules should be posted and made available for comment as provided for in section four of this article;(5) The board shall receive and consider those comments to the proposed rules as provided for in section four of this article;(6) The board shall direct the Health and Safety Administrator to prepare for the next scheduled board meeting findings of fact and conclusions of law for the proposed rules, which may incorporate comments received and technical evidence developed, and which are consistent with section four of this article;(7) The board shall adopt or reject or modify the proposed findings of fact and conclusions of law; and(8) The board shall make a final adoption or rejection of the rules.(b) By the concurrence of at least four members of the board, the board may dispense with the procedure set out in subsection (a) of this section or any other procedural rule established, except that the board shall in all instances when adopting rules prepare findings of fact and conclusions of law consistent with this section and section four of this article.(c) Without undue delay, the board shall adopt an order of business for the conduct of meetings which will promote the orderly and efficient consideration of proposed rules in accordance with the provisions of this section.
WV Code § 22A-6-8 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 6. Board of Coal Mine Health and Safety|§22A-6-8. Effect of Rules

The standard rules and any rules promulgated by the board have the same force and effect of law as if enacted by the Legislature as a part of article two of this chapter and any violation of any such rule is a violation of law or of a health or safety standard within the meaning of this chapter.
WV Code § 22A-6-9 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 6. Board of Coal Mine Health and Safety|§22A-6-9. Reports

Prior to each regular session of the Legislature, the board shall submit to the Legislature an annual report upon the subject matter of this article, the progress concerning the achievement of its purpose and any other relevant information, including any recommendations it deems appropriate.
WV Code § 22A-6-10 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 6. Board of Coal Mine Health and Safety|§22A-6-10. Compensation and Expenses of Board Members

Each member of the board not otherwise employed by the state shall be paid the same compensation, and each member of the board shall be paid the expense reimbursement, as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. In the event the expenses are paid by a third party, the member shall not be reimbursed by the state. The reimbursement shall be paid out of the State Treasury upon a requisition upon the State Auditor, properly certified by the Office of Miners' Health, Safety and Training. No employer shall prohibit a member of the board from exercising leave of absence from his or her place of employment in order to attend a meeting of the board or a meeting of a subcommittee of the board, or to prepare for a meeting of the board, any contract of employment to the contrary notwithstanding.
WV Code § 22A-6-11 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 6. Board of Coal Mine Health and Safety|§22A-6-11. Study of Methane Detecting Shut Off Devices

Study of Automatic shut-down of mining machines. -- The Board of Coal Mine Health and Safety is directed to conduct a study of the safety of installation of methane detection shut-off devices on machine extraction apparatus, including, but not limited to, long wall sheers and cutter heads. The office shall study the benefits and appropriateness of requiring the installation of these devices, to determine if there are safety benefits, and whether the office recommends to the Legislature that requirements regarding mandating these devises in underground mines is warranted. The office shall report to the Legislature's Joint Committee on Government and Finance by December 31, 2011 with recommendations regarding whether it is appropriate to implement any requirements.