reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-601. Specifications for Fuel

§22A-2A-601. Specifications for fuel.
(a) The director shall establish standards for fuel to be used in diesel-powered equipment in underground coal mines. A purpose of these standards is to require the use of low volatile fuels that will lower diesel engine gaseous and particulate emissions and will reduce equipment maintenance by limiting the amount of sulfur in the fuel. Another purpose of the standards for fuel is to reduce the risk of fire in underground mines by establishing a minimum flash point for the diesel fuel used.
(b) Each coal mine using diesel equipment underground shall establish a quality control plan for assuring that the diesel fuel used complies with the standards established pursuant to this section. The director shall also establish a procedure under which each mine operator will provide evidence that the diesel fuel used in diesel-powered equipment underground meets the standards for fuel established by the commission.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-602. Fuel Storage Facilities

(a) The director shall establish requirements for the safe storage of diesel fuel underground so as to minimize the risks associated with fire hazards in areas where diesel fuel is stored.
(b) (1) The director shall either provide:
(A) That all stationary underground diesel fuel tanks are prohibited; or
(B) That a stationary underground diesel fuel tank may only be authorized through a petitioning process that permits a stationary underground diesel fuel tank to be located in a permanent underground diesel fuel storage facility, on a site-specific basis. Stationary underground diesel fuel tanks may not be located in temporary underground diesel fuel storage areas.
(c) The director shall establish requirements for the transportation and storage of diesel fuel in diesel fuel tanks and safety cans.
(d) The director shall establish limits on the total amount of diesel fuel that may be stored in each permanent underground diesel fuel storage facility and in each temporary underground diesel fuel storage area.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-603. Dispensing of Diesel Fuel

The director shall establish requirements governing the refueling of diesel-powered equipment which shall, at a minimum, comply with the provisions of part 75 of the code of federal regulations dealing with the dispensing of diesel fuel, set forth in 30 C. F. R. §75.1905, effective April 25, 1997.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-604. Location of Fueling

(a) Fueling of diesel-powered equipment is not to be conducted in the intake escapeways unless the mine design and entry configuration make it necessary. For those cases where fueling in the intake escapeways is necessary, the director shall establish a procedure whereby the mine operator shall submit a plan for approval, outlining the special safety precautions that will be taken to insure the protection of miners. The plan shall specify a fixed location where fueling will be conducted in the intake escapeway and all other safety precautions that will be taken, which shall include an examination of the area for spillage or fire by a qualified person.
(b) At least one person, specially trained in the cleanup and disposal of diesel fuel spills, shall be on duty at the mine when diesel-powered equipment or mobile fuel transportation equipment is being used or when any fueling of diesel-powered equipment is being conducted.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-701. Fire Suppression Systems for Diesel-Powered Equipment and Fuel Transportation Units

§22A-2A-701. Fire suppression systems for diesel-powered equipment and fuel transportation units.
Rules of the commission governing fire suppression systems for diesel-powered equipment and fuel transportation units shall, at a minimum, comply with the provisions of part 75 of the code of federal regulations dealing with fire suppression systems for diesel-powered equipment and fuel transportation units, set forth in 30 C.F.R. §75.1911, effective April 25, 1997.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-702. Fire Suppression for Storage Areas

Rules of the commission governing fire suppression systems for permanent underground diesel fuel storage facilities shall, at a minimum, comply with the provisions of part 75 of the code of federal regulations dealing with fire suppression systems for permanent underground diesel fuel storage facilities, set forth in 30 C.F.R. §75.1912, effective April 25,1997.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-704. Fire and Safety Training

(a) Rules of the commission shall provide for all underground employees at the mine to receive special instruction related to fighting fires involving diesel fuel. This training may be included in annual refresher training under MSHA regulations set forth in 30 C.F.R. Pt. 48 (relating to training and retraining of miners), or included in the fire drills required under MSHA regulations set forth in 30 C.F.R. §75.1101.23 (relating to program of instruction; location and use of fire-fighting equipment; location of escapeways, exits and routes of travel; evacuation procedures; fire drills).
(b) Rules of the commission shall provide for all miners to be trained in precautions for safe and healthful handling and disposal of diesel-powered equipment filters.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-801. Maintenance of Diesel-Powered Equipment

§22A-2A-801. Maintenance of diesel-powered equipment.
(a) Rules of the commission shall require diesel-powered equipment to be maintained in an approved and safe condition or removed from service. Failure of the mine operator to comply with the maintenance requirements established by the board may result in revocation of the commission's approval of the diesel-powered equipment. The commission shall establish procedures for appropriate notification to be given to the mine operator, requiring the submission, evaluation and implementation of a plan to achieve and maintain compliance.
(b) Rules of the commission shall provide that service and maintenance of diesel-powered equipment shall be performed according to a specified routine maintenance schedule, on-board performance and maintenance diagnostics readings, emissions test results and component manufacturer's recommendations.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-802. Training and Qualification of Persons Working on Diesel-Powered Equipment

(a) Rules of the commission shall require that all maintenance, repairs, examinations and tests on diesel-powered equipment shall be performed by a person who, at a minimum, is trained and qualified in accordance with the provisions of part 75 of the code of federal regulations dealing with the training and qualification of persons working on diesel powered equipment, as set forth in 30 C.F.R. §75.1915, effective April 25, 1997.
(b) Rules of the commission shall require that the training and qualification program and record made available for inspection pursuant to the provisions of 30 C.F.R. §75.1915(c) be made available to the commission or its authorized representative.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-803. Examination of Equipment by Operator

Rules of the commission shall require that mobile diesel-powered equipment that is to be used during a shift be visually examined by the equipment operator before being placed in operation, and that equipment defects affecting safety be reported promptly to the mine operator. Rules of the commission shall specify the inspection procedures to be followed and the operating conditions under which the examination is to be made. Rules of the commission shall establish record-keeping requirements for such visual examinations.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-804. Scheduled Maintenance

Rules of the commission shall establish the intervals at which a qualified person will evaluate and interpret the results of tests and examinations, perform maintenance and make all necessary adjustments or repairs or remove the diesel-powered equipment from service. The commission shall establish record-keeping requirements for persons performing maintenance.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-805. On-Board Performance and Maintenance Diagnostics Systems

Rules of the commission shall require that on-board engine performance and maintenance diagnostics systems shall be capable of continuously monitoring and giving read-outs. The diagnostics system shall identify levels that exceed the engine or component manufacturer's recommendation, standards established by the commission or the applicable MSHA requirements.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-806. Diagnostic Testing

(a) The commission shall require periodic examination and testing of all diesel-powered equipment by a person trained and qualified as required by rules of the commission.
(b) Rules of the commission shall prescribe the scope of the examination and testing and the procedures to be followed, and the rules requiring testing of undiluted exhaust emissions may exceed the written standard operating procedures for such testing and evaluation required by part 75 of the code of federal regulations, set forth in 30 C.F.R. §75.1915(g).
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-807. Records

(a) Rules of the commission shall provide:
(1) That a record be made of all tests, examinations and maintenance and repairs of diesel-powered equipment;
(2) That the person performing the test, examination, maintenance or repair certify by date, time, engine hour reading and signature that the test, examination, maintenance or repair was made;
(3) That records of tests and examinations include the specific results of such tests and examinations;
(4) That records of maintenance and repairs include a description of the work or service that was performed, and the results of any subsequently required emissions testing.
(b) Rules of the commission shall specify the persons who are required to countersign records of tests, examinations, maintenance and repairs.
(c) Rules of the commission shall establish procedures and time periods for the retention of records and their availability for inspection by the commission and by miners and their representatives.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 6. Board of Coal Mine Health and Safety › §22A-6-14. Study of Mandatory Substance Abuse Program

The Board of Coal Mine Health and Safety is directed to study the mandatory substance abuse screening policy and program requirements of article one-a of this chapter and make recommendations to the director regarding: (a) Establishment of guidelines to be employed by the Board of Appeals when administering disciplinary actions to certified persons pursuant to article one-a of this chapter; (b) requiring certification by the Office of Miners' Health, Safety and Training of persons who regularly work at mines who are not presently required to obtain certification; and (c) establishment of additional minimum requirements, parameters, methodologies and protocols to be integrated into the substance abuse screening policy and program requirements of article one-a of this chapter. By August 31, 2012, the board shall submit its report to the director. The director is authorized to propose for legislative promulgation, legislative rules pursuant to article three, chapter twenty-nine-a of this code regarding the implementation of the findings of this study. These rules shall be initially promulgated as emergency rules by the director pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of the code by December 31, 2012, and shall include the establishment of certification requirements recommended by the board for persons who regularly work at mines that are not presently required to obtain certification and establishment of guidelines to be employed by the Board of Appeals when administering disciplinary actions to certified persons pursuant to article one-a of this chapter.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 7. Board of Miner Training, Education and Certification › §22A-7-2. Board of Miner Training, Education and Certification Abolished and Duties Imposed Upon the Board of Coal Mine Health and Safety

The Legislature hereby finds and declares that:
(a) The continued prosperity of the coal industry is of primary importance to the State of West Virginia;
(b) The highest priority and concern of this Legislature and all in the coal mining industry must be the health and safety of the industry’s most valuable resource - the miner;
(c) A high priority must also be given to increasing the productivity and competitiveness of the mines in this State;
(d) An inordinate number of miners, working on both the surface in surface mining and in and at underground mines, are injured during the first few months of their experience in a mine;
(e) These injuries result in the loss of life and serious injury to miners and are an impediment to the future growth of West Virginia’s coal industry;
(f) Injuries can be avoided through proper miner training, education and certification;
(g) Mining is a technical occupation with various specialties requiring individualized training and education; and
(h) It is the general purpose of this article to:
(1) Require adequate training, education and meaningful certification of all persons employed in coal mines;
(2) Require certain training and education of all prospective miners and miners certified by the state;
(3) Authorize a stipend for prospective miners enrolled in this State’s miner training, education and certification program;
(4) Direct the Director of the Office of Miners’ Health, Safety and Training to apply and implement the standards set by the Board of Coal Mine Health and Safety by establishing programs for miner and prospective miner education and training; and
(5) Provide for a program of continuing miner education for all categories of certified miners.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 7. Board of Miner Training, Education and Certification › §22A-7-3. Definitions

Unless the context in which a word or phrase appears clearly requires a different meaning, the words defined in section two, article one of this chapter have when used in this article the meaning therein assigned to them. These words include, but are not limited to, the following: Office, director, mine inspector, operator, miner, shotfirer and certified electrician.
“Board” means the Board of Coal Mine Health and Safety established by section four of this article.
“Mine” means any mine, including a “surface mine,” as that term is defined in section three, article three, chapter twenty-two of this code, and in section two, article four of said chapter; and a “mine” as that term is defined in section two, article one of this chapter.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 7. Board of Miner Training, Education and Certification › §22A-7-5a. Study of Miner Training and Education

The Board of Coal Mine Health and Safety is directed to conduct a study of the overall program of education, training and examination associated with the various miner specialties requiring certification under this article or any other provision of this code. The study shall identify ways to enhance miner education and training to adequately reflect technological advances in coal mining techniques and best practices used in modern coal mines, and improve supervision of apprentice miners. Furthermore, the board shall place particular emphasis in its study on ways to improve education and training in the areas of proper mine ventilation, methane monitoring and equipment deenergization, fire-boss procedures and overall core mining competencies.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 7. Board of Miner Training, Education and Certification › §22A-7-6. Duties of the Director and Office

The director shall propose rules for legislative approval, pursuant to chapter twenty-nine-a of this code, that are necessary to establish a program to implement the provisions of this article. Such program shall include, but not be limited to, implementation of a program of instruction in each of the miner occupational specialties and the conduct of examinations to test each applicant's knowledge and understanding of the training and instruction which he or she is required to have prior to the receipt of a certificate.
The director is authorized and directed to utilize state mine inspectors, mine safety instructors, the state mine foreman examiner, private and public institutions of education and such other persons as may be available in implementing the program of instruction and examinations.
The director may, at any time, make such recommendations to the board as he or she may deem appropriate.
The director shall supply any information upon request of the board as long as the information is not in violation of any other laws.
The director is authorized and directed to utilize such state and federal moneys and personnel as may be available to the office for educational and training purposes in the implementation of the provisions of this article.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 8. Certification of Underground and Surface Coal Miners › §22A-8-1. Certificate of Competency and Qualification or Permit of Apprenticeship Required of All Surface and Underground Miners

Except as hereinafter provided, no person shall work or be employed for the purpose of performing normal duties as a surface or underground miner in any mine in this state unless the person holds at the time he or she performs such duties a certificate of competency and qualification or a permit of apprenticeship issued under the provisions of this article.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 8. Certification of Underground and Surface Coal Miners › §22A-8-2. Definitions

For purposes of this article the term "surface miner" means a person employed at a "surface mine", as that term is defined in section three, article three, chapter twenty-two of this code, and in section two, article four of said chapter.
For purposes of this article, the term "underground miner" means an underground worker in a bituminous coal mine, except as hereinafter provided.
For purposes of this article, the term "Board of Miner Training, Education and Certification" means that board established in article seven of this chapter.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 8. Certification of Underground and Surface Coal Miners › §22A-8-3. Permit of Apprenticeship-Underground Miner

A permit of apprenticeship-underground miner shall be issued by the director to any person who has demonstrated by examination a knowledge of the subjects and skills pertaining to employment in underground mines, including, but not limited to, general safety, first aid, miner and operator rights and responsibilities, general principles of electricity, general mining hazards, roof control, ventilation, mine health and sanitation, mine mapping, state and federal mining laws and regulations and such other subjects as may be required by the board of miner training, education and certification: Provided, That each applicant for said permit shall complete a program of education and training of at least eighty hours, which shall be determined by the Board of Miner Training, Education and Certification and provided for and implemented by the director: Provided, however, That if a sufficient number of qualified applicants having successfully completed the state training program provided by the Office of Miners' Health, Safety and Training are not available, the operator may request approval from the director to conduct the operator's own preemployment training program so long as such training adequately covers the minimum criteria determined by the board and such trainees shall be eligible for the same certification as provided for trainees undergoing training provided by the state.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 8. Certification of Underground and Surface Coal Miners › §22A-8-4. Permit of Apprenticeship-Surface Miner

A permit of apprenticeship-surface miner shall be issued by the director to any person who has demonstrated by examination a knowledge of the subjects and skills pertaining to employment in the surface mining industry, including, but not limited to, general safety, first aid, miner and operator rights and responsibilities, general principles of electricity, health and sanitation, heavy equipment safety, high walls and spoil banks, haulage, welding safety, tipple safety, state and federal mining laws and regulations and such other subjects as may be required by the board of miner training, education and certification: Provided, That each applicant for said permit shall complete a program of education and training of at least forty hours, which program shall be determined by the Board of Miner Training, Education and Certification and provided for and implemented by the director: Provided, however, That if a sufficient number of qualified applicants having successfully completed the state training provided by the Office of Miners' Health, Safety and Training are not available, the operator may request approval from the director to conduct the operator's own preemployment training program so long as such training adequately covers the minimum criteria determined by the board and such trainees shall be eligible for the same certification as provided for trainees undergoing training provided by the state.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 8. Certification of Underground and Surface Coal Miners › §22A-8-5. Supervision of Apprentices

Each holder of a permit of apprenticeship shall be known as an apprentice. Any miner holding a certificate of competency and qualification may have one person working with him or her, and under his or her supervision and direction, as an apprentice, for the purpose of learning and being instructed in the duties and calling of mining. Any mine foreman or fire boss, or assistant mine foreman or fire boss, may have three persons working with him or her under his or her supervision and direction, as apprentices, for the purpose of learning and being instructed in the duties and calling of mining: Provided, That a mine foreman, assistant mine foreman, or fire boss supervising apprentices in an area where no coal is being produced or which is outby the working section may have as many as five apprentices under his or her supervision and direction, as apprentices, for the purpose of learning and being instructed in the duties and calling of mining or where the operator is using a production section under program for training of apprentice miners, approved by the Board of Coal Mine Health and Safety.
Every apprentice working at a surface mine shall be at all times under the supervision and control of at least one person who holds a certificate of competency and qualification.
In all cases, it is the duty of every mine operator who employs apprentices to ensure that such persons are effectively supervised and to instruct such persons in safe mining practices. Each apprentice shall wear a red hat which identifies the apprentice as such while employed at or near a mine. No person shall be employed as an apprentice for a period in excess of eight months, except that in the event of illness or injury, time extensions shall be permitted as established by the Director of the Office of Miners" Health, Safety, and Training.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 8. Certification of Underground and Surface Coal Miners › §22A-8-6. Certificate of Competency and Qualification -- Underground or Surface Miner

A certificate of competency and qualification as an underground miner or as surface miner shall be issued by the director to any person who has at least six months' total experience as an apprentice and demonstrated his or her competence as a miner by successful completion of an examination given by the director or his or her representative in a manner and place to be determined by the Board of Miner Training, Education and Ccertification: Provided, That all examinations shall be conducted in the English language and shall be of a practical nature, so as to determine the competency and qualifications of the applicant to engage in the mining of coal with reasonable safety to the applicant and fellow employees: Provided, however, That notice of the time and place of such examination shall be given to management at the mine, to the local union thereat if there is a local union, and notice shall also be posted at the place or places in the vicinity of the mine where notices to employees are ordinarily posted. Examinations shall also be held at such times and places, and after such notice, as the board finds necessary to enable all applicants for certificates to have an opportunity to qualify for certification.