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2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-42. Telephone Service or Communication Facilities

Telephone service or equivalent two-way communication facilities shall be provided in all mines at least one of which shall be in service at all times as follows:
(a) A telephone or equivalent two-way communication facility shall be located on the surface within five hundred feet of all main portals, and shall be installed either in a building or in a box-like structure designed to protect the facilities from damage by inclement weather. At least one of these communication facilities shall be at a location where a responsible person who is always on duty when miners are underground can hear the facility and respond immediately in the event of an emergency. "Two-way communication facility" shall mean a system maintained to allow voice contact to come in and out of the working section at all times.
(b) (1) Telephones or equivalent two-way communication facilities provided at each working section shall be located not more than five hundred feet outby the last open crosscut and not more than eight hundred feet from the farthest point of penetration of the working places on such section.
(2) The incoming communication signal shall activate an audible alarm, distinguishable from the surrounding noise level, or a visual alarm that can be seen by a miner regularly employed on the working section.
(3) If a communication system other than telephones is used and its operation depends entirely upon power from the mine electric system, means shall be provided to permit continued communication in the event the mine electric power fails or is cut off: Provided, That where trolley phones and telephones are both used, an alternate source of power for the trolley phone system is not required.
(4) Telephones or equivalent two-way communication facilities shall be maintained in good operating condition at all times. In the event of any failure in the system that results in loss of communication, repairs shall be started immediately, and the system restored to operating condition as soon as possible.
(5) Where required by the director, trucks used for haulage of coal, miners, or supplies by an operator shall be equipped with two-way communication instruments.
(c) On or after January 1, 1978, unless the director for good cause grants a waiver, all such telephones or equivalent two-way communications shall be connected to regular telephonic and other means of communication available in the community so that in the event of an emergency, emergency medical attendants or other personnel can communicate to and from the mine directly to health care facilities.
(d) Telephone lines and cables shall be carried on insulators installed on the opposite side from power or trolley wires, and where they cross power or trolley wires, they shall be insulated adequately. Lightning arrestors shall be provided at the points where telephone circuits enter the mine.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-43a. Operation of Cutting and Mining Machines; Repair and Maintenance of Same

(a) Qualified person to operate cutting machine. -- No person shall be placed in charge of a coal-cutting machine in any mine who is not a qualified person, capable of determining the safety of the roof and sides of the working places and of detecting the presence of explosive gas, unless they are accompanied by a certified or qualified person who has passed such an examination.
(b) Operation of mining machines. -- Machine operators and helpers shall use care while operating mining machines. They shall examine the roof of the working place to see that it is safe before starting to operate the machine. They shall not move the machine while the cutter chain is in motion. Additionally, no person shall operate the cutterhead on any continuous miner while the machine is moving from place to place underground: Provided, That a cutterhead may be operated during clean up or when the machine is extracting coal.
(c) Repair and maintenance of mining machines. -- (1) Repairs or maintenance shall not be performed on mining machines until the power is off and locked and tagged, if required by law, and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments. For purposes of this subsection, the following terms shall have the following meanings:
(A) "Maintenance" means the labor of keeping machinery in good working order and includes cleaning, clearing jammed material or conducting examinations on or in close proximity to machinery; and
(B) "Repair" means to fix, mend, or restore to good working order.
(d) Methods to comply with the standard to prevent inadvertent or unexpected motion include:
(A) Opening the circuit breaker for the affected machinery, provided no energized parts or conductors are exposed, and placing the run selector switch for startup of the machinery in the "off" position. On longwall machinery, this would include placing the lockout switch in the lockout position in the area were the repair or maintenance is being performed. A qualified electrician is required to de-energize a circuit breaker if there are exposed energized parts or conductors; or
(B) Opening the circuit breaker at the power center that supplies power for the affected machinery and disengaging the power cable coupler that supplies power to the machinery; or
(C) Opening a manual visible disconnect switch, either within the circuit or onboard the machinery, and securing the switch against reenergization, as required by law. A control circuit start-stop switch does not constitute a manual disconnect; or
(D) In cases such as steeply inclined belt conveyors and suspended loads, when removing the power alone will not ensure against unintentional or inadvertent movement, the machinery shall be physically blocked, in addition to removing the power by one of the three methods described above. Physical blocking may be achieved by the use of such devices as bars, chocks or clamps.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-44. Hand-Held Electric Drills and Rotating Tools; Trailing Cables

Electric drills and other electrically operated rotating tools intended to be held in the hand shall have the electric switch constructed so as to break the circuit when the hand releases the switch and shall be equipped with friction or safety clutches.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-46. Welding and Cutting

(a) A record shall be kept of oxygen and gas tanks or cylinders taken into a mine and the date shall be recorded when they are removed from the mine. No more tanks or cylinders than necessary to perform the work efficiently shall be permitted underground at one time.
(b) Propane torches may be used in lieu of blowtorches. Only approved apparatus such as torches, regulators, pressure reducing valves, hoses, check valves, and gas cylinders shall be used.
(c) Welding and cutting may be done in mines:
Provided
, That all equipment and gauges are maintained in safe condition and not abused, that suitable precautions are taken against ignition of methane, coal dust, or combustible materials, that means are provided for prompt extinguishment of fires accidentally started, and that only persons who have demonstrated competency in welding and cutting are entrusted to do this work. Adequate eye protection shall be used by all persons doing welding or cutting, and precautions shall be taken to prevent other persons from exposure that might be harmful to their eyes. A suitable wrench designed for compressed tanks shall be provided to the person authorized to use the equipment.
(d) Transportation of oxygen and gas tanks or cylinders shall be permitted on self-propelled machinery or belt conveyors specially equipped for safe holding of the containers in transportation. In no instance shall such transportation be permitted in conjunction with any mantrip, unless such mantrip is especially equipped with a compartment, lined with at least four inches of foam rubber or the equivalent, and capable of tightly securing the tank inside the manufactured frame of the vehicle.
(e) Empty oxygen and gas tanks or cylinders shall be marked "empty" and shall be removed from the mine promptly in safe containers provided for transportation of the same.
(f) When tanks and cylinders are not in use and when they are being transported, valve protection caps and plugs shall be placed on all tanks or cylinders for which caps and plugs are available. No oxygen tanks, gas tanks, or cylinders shall be transported with the hoses and gauges attached thereto.
(g) In all mines a certified person, pursuant to 22A-2-12 of this code, shall examine for gas with an approved gas detector before and during welding or cutting. The safety of the equipment and methods used in such cases shall be subject to approval of the director. If equipment is mobile, it shall be removed outby the last open breakthrough before cutting and welding may be performed on such equipment.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-48. When Respiratory Equipment to Be Worn; Control of Dust

Miners exposed for short periods to gas-, dust-, fume- and mist-inhalation hazards shall wear permissible respiratory equipment. Dust shall be controlled by the use of permissible dust collectors or other approved methods.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-49. Safeguards for Mechanical Equipment

§22A-2-49. Safeguards for mechanical equipment.
(a) The cutter chains of mining machines shall be locked securely by mechanical means or electrical interlocks while such machines are parked or being trammed. Loading machines shall not be trammed with loading arms in motion, except when loading materials.
(b) Belt, chain or rope drives and the moving parts of machinery which are within seven feet of the floor, ground or platform level, unless isolated, shall be guarded adequately. Repair pits shall be kept covered or guarded at all times when not in use. Machinery shall not be lubricated or repaired while in motion, except where safe remote lubricating devices are used. Machinery shall not be started until the person lubricating or repairing it has given a clear signal. Guards which have been removed shall be replaced before the machinery is again put into use. Provision shall be made to prevent accumulations of spilled lubricants.
(c) Mechanically operated grinding wheels shall be equipped with safety washers, substantial retaining hoods, and, unless goggles are used, eye shields.
(d) No person shall stand along the side of the boom, or pass or stand along the loading head or cutting head, on a continuous miner or loading machine in operation.
(e) Braking devices shall be guarded to prevent accidental release. When required by the director, track-mounted mobile equipment shall be equipped with workable standing devices.
(f) All battery powered equipment shall be equipped with under-voltage indicator which will indicate when the voltage is less than three-fourths of its rated capacity, at which time such equipment shall be withdrawn from use except for the purpose of returning the vehicle to the recharging station.
(g) On and after January 1, 1988, all manually operated valves and levers of equipment of the same manufacturer and model shall have the same direction of activation and direction of operations.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-50. Procurement of Dust-Tight Electrical Equipment; Fireproof Construction; Dust Control; Repairs; Welding; Handrails and Toeboards; Protection of Personnel on Conveyors; Back Guards on Ladders; Walkways or Safety Devices Around Thickeners

§22A-2-50. Procurement of dust-tight electrical equipment; fireproof construction; dust control; repairs; welding; handrails and toeboards; protection of personnel on conveyors; back guards on ladders; walkways or safety devices around thickeners.
(a) In unusually dusty locations, electric motors, switches and controls shall be of dust-tight construction or enclosed with reasonably dust-tight housings or enclosures.
(b) After July 1, 1971, all structures erected on the surface within one hundred feet of any mine opening shall be of fireproof construction.
(c) Means and methods shall be provided to assure that structures and the immediate area surrounding the same shall be reasonably free of coal dust accumulations.
(d) Where coal is dumped at or near air intake openings, reasonable provisions shall be made to prevent dust from entering the mine.
(e) Where repairs are being made to the plant, proper scaffolding and proper overhead protection shall be provided for workmen wherever necessary.
(f) Welding shall not be done in dusty atmospheres and dusty locations shall be well cleaned, and firefighting apparatus shall be readily available during welding.
(g) Stairways, elevated platforms and runways shall be equipped with handrails. Railroad car trimmer platforms are excepted from such requirement.
(h) Elevated platforms and stairways shall be provided with toeboards where necessary, and they shall be kept clear of refuse and ice and maintained in good repair.
(i) Personnel who are required frequently and regularly to travel on belts or chain conveyors extended to heights of more than ten feet shall be provided with adequate space and protection in order that they may work safely. Permanent ladders extending more than ten feet shall be provided with back guards. Walkways around thickeners that are less than four feet above the walkway shall be adequately guarded. Employees required to work over thickeners shall wear a safety harness adequately secured, unless walkways or other suitable safety devices are provided.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-53a. Railroad Cars; Dumping Areas; Other Surface Areas

§22A-2-53a. Railroad cars; dumping areas; other surface areas.
(1) Employees handling railroad cars shall have access to and use an approved distinct audible signaling device to give warning when cars are in motion. Safety belts shall be worn and properly attached by all car droppers handling railroad cars. Railroad cars shall be maintained under control at all times. Cars shall be dropped at a safe rate of speed and in such a manner that will ensure the car dropper maintains a safe position while working and traveling around the car. Railroad cars shall not be coupled or uncoupled manually from the inside of curves unless the railroad and cars are so designed to eliminate any hazard from coupling or uncoupling from inside of curves.
(2) All dumping ramps shall be of a sufficient width to ensure safe operation of vehicles used thereon.
(3) All access roads leading to and from bath houses, portals, and other areas on which persons are expected to travel to and from work, shall be of sufficient width and be maintained in good condition. On haulage roads, guardrails or berms shall be provided on the outerbank of all elevated roads.
(4) Mobile surface loading and haulage equipment shall be inspected by a competent person before such equipment is placed into operation. Equipment defects affecting safety shall be corrected before the equipment is used.
(5) Safety protection, such as safety belts, lifelines, or lanyards to prevent a person from falling shall be provided at all times that miners are working in an area where the potential fall distance exceeds fifteen feet, except that safety belts shall not be used where they are impractical or would pose a greater hazard. Safety nets shall be provided when work places are more than twenty-five feet above the ground where the use of ladders, scaffolds, catch platforms, temporary floors, safety lines, or safety belts are impractical.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-54. Duties of Persons Subject to Article; Rules and Regulations of Operators

(a) It shall be the duty of the operator, mine foreman, supervisors, mine examiners and other officials to comply with and to see that others comply with the provisions of this article.
(b) It shall be the duty of all employees and checkweighmen to comply with this article and to cooperate with management and the Office of Miners' Health, Safety and Training in carrying out the provisions hereof.
(c) Reasonable rules of an operator for the protection of employees and preservation of property that are in harmony with the provisions of this article and other applicable laws shall be complied with. They shall be printed on cardboard or in book form in the English language and posted at some conspicuous place about the mine or mines, and given to each employee upon request.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-55a. Safety Helmets

All surface mine employees shall be required to wear safety helmets when working in areas where there is a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns: Provided, That such employees shall not be required to wear such safety helmet while operating machinery equipped with a falling object protective structure which satisfies the impact and penetration requirements established by the American National Standards Institute, Safety Requirements for Industrial Head Protection, Standard Z89.1, unless the director finds that the dangers set forth herein may be present: Provided, however, That such employees shall be required to wear safety helmets while not operating such equipment including period of travel to and from such equipment.
The safety helmets required hereunder shall meet the specifications for such helmets as prescribed by the mine health and safety administration.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-56. Checking Systems

Each mine shall have a check-in and check-out system which will provide positive identification of every person underground and will provide an accurate record of the persons in the mine kept on the surface in a place that will not be affected in the event of an explosion. Said record shall bear a number or name identical to the identification check that is securely fastened to the lamp belt of all persons underground. The identification check shall be made of a rust-resistant metal of no less than sixteen gauge.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-57. No Act Permitted Endangering Security of Mine; Search for Intoxicants, Matches, etc.

(a) No miner, worker or other person shall knowingly injure any shaft, lamp, instrument, air course, or brattice, or obstruct or throw open airways, or carry matches or open lights in the places worked by safety lights, or disturb any part of the machinery or appliances, open a door closed for directing ventilation and not close it again, or enter any part of a mine against caution, or disobey any order of any mine foreman or assistant mine foreman given in carrying out any of the provisions of this section.
(b) Open lights, smoking and smokers' articles, including matches, are prohibited in all mines. No person shall at any time enter mines with or carry therein any matches, pipes, cigars, cigarettes or any device for making lights or fire not authorized or approved. The operator shall at frequent intervals search, or cause to be searched, any person, including his clothing and material belongings, entering or about to enter the mine, or inside the mine, to prevent such person from taking or carrying therein any of the above-mentioned articles.
(c) No person shall at any time carry into any mine any intoxicants or enter any mine while under the influence of intoxicants.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-59. First-Aid Equipment

(a) Each operator of an underground coal mine shall maintain a supply of first-aid equipment at each of the following locations:
(1) At the mine dispatcher’s office and on the surface in close proximity to the mine entry.
(2) At the bottom of each regularly traveled slope or shaft; however, where the bottom of such slope or shaft is not more than one thousand feet from the surface, such first-aid supplies may be maintained on the surface at the entrance of the mine.
(3) At a point in each working section not more than five hundred feet outby the active working face or faces.
(b) The first-aid equipment required to be maintained shall include at least the following:
(1) One stretcher.
(2) One broken-back board.
(3) Twenty-four triangular bandages.
(4) Eight four-inch bandage compresses.
(5) Sixteen two-inch bandage compresses.
(6) Twelve one-inch adhesive compresses.
(7) One foille.
(8) Two cloth blankets.
(9) One rubber blanket.
(10) Two tourniquets.
(11) One one-ounce bottle of aromatic spirits of ammonia.
(12) Two inflatable plastic arm splints.
(13) Two inflatable plastic leg splints.
(14) Six small splints, metal or wooden.
(15) Two cold packs.
(16) One automated external defibrillator (AED) unit.
(c) All first-aid supplies required to be maintained under the section shall be stored in suitable sanitary, dust-tight, moisture-proof containers and such supplies shall be accessible to the miners.
(d) No first-aid material shall be removed or diverted without authorization, except in case of accident in or about the mine.
(e) On all occasions when a person becomes sick or injured underground to the extent that he or she must go to the surface, he or she shall be accompanied by one or more persons.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-61. Coal Storage Bins; Recovery Tunnels; Coal Storage Piles

(a) Coal storage bins hereafter constructed with vertical sides fifty feet or over in height shall be provided with ventilators or louvers or both to provide adequate ventilation. Where roofs are constructed over coal storage bins, adequate ventilation shall be provided by stacks, ventilators, louvers or mechanical means.
(b) Where cutting or welding is performed at any location where coal is stored, means of prompt extinguishment of any fire accidentally started shall be provided, and the area where cutting or welding is performed shall be adequately watered down and rock-dusted.
(c) A qualified person shall test for methane with a methane detector prior to and during cutting and welding operations inside or underneath a coal storage bin.
(d) Electric motors, switches and controls for coal storage bins hereafter acquired shall be of dust-tight construction.
(e) Repairs to electric equipment shall not be made when the surrounding atmosphere contains dangerous amounts of gas or dust.
(f) Where electric lights are used in recovery tunnels of over one hundred feet in length, the wiring shall be in rigid conduit and shall be enclosed in waterproof receptacles.
(g) An escapeway shall be provided from any recovery tunnel hereafter constructed to a safe place on the surface; such escapeway shall be at least thirty inches in diameter and where inclined, a ladder shall be provided to extend full length of the escapeway to facilitate emergency exit.
(h) Extreme caution shall be exercised by all employees required to work at or near coal storage piles during coal recovery operations to avoid injury by coal slides or by being in or drawn into a chute.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-64. Sealing Permanently Closed or Abandoned Mines

(a) After July 1, 1971, when any coal mine is worked out or indefinitely closed, such mine openings shall be properly sealed within ninety days after the mine is abandoned.
(b) Mines temporarily inactive for less than ninety days shall be adequately fenced with conspicuous signs prohibiting the possible entrance of unauthorized persons.
(c) Shaft openings shall be effectively capped or filled. Filling shall be for the entire depth of the shaft. Caps shall consist of a six inch thick concrete cap or other equivalent means approved by the director.
(d) Caps shall be equipped with a vent pipe at least two inches in diameter extending for a distance of at least fifteen feet above the surface shaft.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-67. Written Report of Accident

Whenever any accident occurs in or about any coal mine to any employee or person connected with the mining operation, resulting in personal injury or death, the operator shall, within twenty-four hours, report the same in writing to the director and to the district mine inspector of the district in which the accident occurs, giving full details thereof upon forms furnished by the director.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-68. Preservation of Evidence Following Accident or Disaster

Following a mine accident resulting in the death of one or more persons and following any mine disaster, the evidence surrounding such occurrence shall not be disturbed after recovery of bodies or injured persons until an investigation by the Office of Miners' Health, Safety and Training has been completed.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-71. Right of Miner to Refuse to Operate Unsafe Equipment; Procedure; Discrimination

No miner shall be required to operate unsafe equipment. On or before January 1, 1981, the Board of Coal Mine Health and Safety shall by rule or regulation establish a procedure for resolving disputes arising out of the refusal by a miner to operate such alleged unsafe equipment. No action shall be taken against a miner by an operator unless such miner is found to have acted in bad faith and without good cause by the director or his authorized representative.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-72. Long Wall and Short Wall Mining

(a) The Legislature finds that new methods of extracting coal known as long wall or short wall mining are being used in this state. The board of coal mine health and safety shall investigate or cause to be investigated the technology, procedures and techniques used in such mining methods and shall promulgate by January 1, 1981, and continuously update the same, rules governing long wall and short wall mining, which rules shall have as their paramount objective, the health and safety of the persons involved in such operations, and which said rules shall include, but not be limited to, the certification of personnel involved in such operation.
(b) The director may modify the application of any provision of this section to a mine if the director determines that an alternative method of achieving the result of such provision exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such provision, or that the application of such provision to such mine will result in a diminution of the health of, or safety to, the miners in such mine. The director shall give notice to the operator and the representative of miners in the affected mine, as appropriate, and shall cause such investigation to be made as he or she deems appropriate. Such investigation shall provide an opportunity for a hearing, at the request of such operator or representative or other interested party, to enable the operator and the representative of miners in such mine or other interested party to present information relating to the modification of such provision. The director shall issue a decision incorporating his or her findings of fact therein, and send a copy thereof to the operator and the representative of the miners, as appropriate. Any such hearing shall be of record.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-73. Construction of Shafts, Slopes, Surface Facilities and the Safety Hazards Attendant Therewith; Duties of Board of Coal Mine Health and Safety to Promulgate Rules; Time Limits Therefor

The Board of Coal Mine Health and Safety shall investigate or cause to be investigated the technology, procedures and techniques used in the construction of shafts, slopes, surface facilities, and the safety hazards, attendant therewith, and shall promulgate rules governing the construction of shafts and slopes; and shall promulgate by January 1, 1981, rules governing the construction of surface facilities.
The Board of Coal Mine Health and Safety shall continuously update such rules governing the construction of shafts, slopes and surface facilities, which rules shall have as their paramount concern, the health and safety of the persons involved in such operations, and such rules shall include, but not be limited to, the certification of all supervisors, the certification and training of hoist operators and shaft workers, the certification of blasters and approval of plans. The provisions of such rules may be enforced against operators and construction companies in accord with the provisions of article one of this chapter. For purposes of this chapter, a construction company is an operator.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-74. Control of Respirable Dust

Each operator shall maintain the concentration of respirable dust in the mine atmosphere during each shift to which miners in active workings of such mine are exposed below such level as the board may establish. The board may promulgate rules governing respirable dust, including, but not limited to, dust standards, sampling procedures, sampling devices, equipment and sample analysis by using the data gathered by the federal Mine Safety and Health Administration and, or the federal Bureau of Mines.
Any operator found to be in violation of such standards shall bring itself into compliance with such standards and rules of the board or the director may thereafter order such operator to discontinue such operation.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-76. Reopening Old or Abandoned Mines

No person, without first giving to the director ten days' written notice thereof, shall reopen for any purposes any old or abandoned mine wherein water or mine seepage has collected or become impounded or exists in such manner or quantity that upon the opening of such mine, such water or seepage may drain into any stream or watercourse.
Such notice shall state clearly the name or names of the owner or owners of the mine proposed to be opened, its exact location, and the time of the proposed opening thereof.
Upon receipt of such notice, the director shall have his or her representative present at the mine at the time designated in the notice for such opening, who has full supervision of the work of opening such mine with full authority to direct the work in such manner as to him or her seems proper and necessary to prevent the flow of mine water or seepage from such mine in such manner or quantity as will kill or be harmful to the fish in any stream or watercourse into which such mine water seepage may flow directly or indirectly.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-77. Quarterly Report by Operator of Mine; Exception as to Certain Inactive Mines

On or before the end of each quarter, the operator of each mine, regulated under the provisions of this chapter or article three or four, chapter twenty-two of this code, shall file with the director a report with respect thereto covering the next preceding quarter which shall reflect the number of accidents which have occurred at each such mine, the number of persons employed, the days worked and the actual raw tonnage mined. Quarters are based on a calendar year. Such report shall be made upon forms furnished by the director. Other provisions of this section to the contrary notwithstanding, no such report shall be required with respect to any mine on approved inactive status if no employees were present at such mine at any time during the next preceding calendar month.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2. Underground Mines › §22A-2-79. Provisions of Article Severable

The various provisions of this article shall be construed as separable and severable and, should any of the provisions, sentences, clauses, or parts thereof be construed or held unconstitutional or for any reason be invalid, the remaining provisions of this article shall not be thereby affected.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-102. Control of Diesel Safety and Health Hazards

The purpose of this article is to reduce or eliminate the inherent hazards of electric-powered equipment in underground coal mines while recognizing that the introduction of an internal combustion engine into that environment presents a different set of safety and health risks for miners. The provisions of this article are intended to provide an integrated approach to the control of diesel safety and health hazards in underground coal mines.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-201. Applicability of Definitions

§22A-2A-201. Applicability of definitions.
(a) For the purposes of this article, the words or phrases defined in this part have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.
(b) When used in this article, the words and phrases defined in section two, article one of this chapter have the meaning ascribed to them in that section. Those definitions are applicable to this article unless a different meaning clearly appears from the context in which the word or phrase is used in this article.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-203. Certificate of Approval Defined

"Certificate of approval" means a formal document issued by MSHA stating that a complete assembly has met the requirements of part 36, title thirty of the code of federal regulations, 30 C.F.R. § 36.1, et seq., for mobile diesel-powered transportation equipment and authorizing the use and attachment of an official approval plate so indicating.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-208. Diesel Power Package Defined

"Diesel power package" means a diesel engine with an intake system, exhaust system and a safety shutdown system installed that meets the specific requirements for MSHA approval of diesel power packages intended for use in approved equipment in areas of underground coal mines where electric equipment is required to be permissible.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-210. Exhaust Emissions Control and Conditioning System Defined

"Exhaust emissions control and conditioning system" means a device or combination of devices that will collect and treat diesel exhaust emissions at the exhaust port of the engine and will reduce the volume of, or eliminate emissions of, diesel particulate matter, carbon monoxide and oxides of nitrogen in accordance with the requirements and standards of the commission established in accordance with the provisions of section four hundred three of this article.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-212. Permanent Underground Diesel Fuel Storage Facility Defined

"Permanent underground diesel fuel storage facility" means a facility designed and constructed to remain at one location for the storage or dispensing of diesel fuel, which does not move as mining progresses.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-301. The West Virginia Diesel Equipment Commission Abolished; Transfer of Duties and Responsibilities; Transfer of Equipment and Records; Continuation of Prior Approvals of Diesel Equipment for Use in Underground Coal Mines; Continuation of Rules of the Commission

(a) The West Virginia Diesel Equipment Commission is hereby abolished. All duties and responsibilities heretofore imposed upon the commission are hereby imposed upon the Director of the Office of Miners' Health, Safety and Training.
(b) On the effective date of the reenactment of this section, all equipment and records necessary to effectuate the purposes of this article shall be transferred to the director.
(c) The rules of the commission in effect immediately prior to the effective date of the reenactment of this section shall remain in force and effect until promulgation of new or additional rules by the director pursuant to section three hundred eight of this article. To the extent the director finds that the commission rules in effect on the effective date of the reenactment of this section adequately fulfill any of the duties of the commission that are transferred to the director by the reenactment of any of the provisions of this article, such rules are deemed to be actions taken by the director to fulfill such duties.
(d) All approvals of diesel-powered equipment, diesel power packages or engines and exhaust emissions control and conditioning systems made by the commission and in effect prior to the effective date of this article shall remain in full force and effect.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-308. Director's Authority to Promulgate Legislative Rules; Continuation of Rules Adopted by the Commission

(a) The director has the power and authority to propose legislative rules to carry out and implement the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code. In proposing rules for legislative approval, the director shall consider the highest achievable measures of protection for miners' health and safety through available technology, engineering controls and performance requirements and shall further consider the cost, availability, adaptability and suitability of any available technology, engineering controls and performance requirements as they relate to the use of diesel equipment in underground coal mines.
(b) All rules promulgated and adopted by the commission in effect prior to the effective date of this section shall remain in effect until changed or superseded by legislative rule enacted pursuant to subsection (a) of this section.
(c) The duties imposed upon the director in this article that were previously required to be performed by the adoption of rules by the commission and that were satisfied or fulfilled by rules adopted by the commission are deemed to be the acts of the director.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-309. Director's Authority to Approve Site-Specific Experimental Testing Prior to Initial Rules

The director may approve limited site-specific requests for experimental and testing use of diesel-powered equipment in underground coal mines prior to promulgation of initial rules in accordance with subsections (b), (c), (d), (e), (f) and (g), section three hundred ten of this article.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-401. General Provisions Relating to Requirements for Exhaust Emissions

§22A-2A-401. General provisions relating to requirements for exhaust emissions.
This part is intended to control the potential health hazards of diesel exhaust by requiring that diesel-powered machines be equipped with clean-burning engines, that exhaust emissions control and conditioning systems may be required on diesel engines as specified by the commission, that exhaust emissions be monitored and controlled and that standards be established for the allowable concentrations of exhaust emissions in a mine environment.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-402. Approval of Diesel Power Package or Diesel Engine

Every diesel power package or diesel engine used in underground coal mining shall be approved by the director when it complies with applicable requirements, standards and procedures established by this article, and be certified or approved, as applicable, by MSHA and maintained in accordance with MSHA certification or approval.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-403. Exhaust Emissions Control and Conditioning Systems

(a) All exhaust emissions control and conditioning systems and their component devices for diesel-powered equipment for use in underground coal mines shall be approved by the director. Such approval requires compliance with applicable standards and procedures pursuant to this article for the use of the system or device in reducing or eliminating diesel particulate matter, carbon monoxide and oxides of nitrogen.
All exhaust emissions control and conditioning systems must undergo an initial series of laboratory tests, using test equipment requirements and standard procedures approved by the director for testing for gaseous and particulate emissions. The director shall compile a list of acceptable third-party laboratories where testing is performed competently and reliable results are produced.
(b) Requirements and standards for exhaust emissions control and conditioning systems include, but are not limited to, the following:
(1) A minimum standard, stated as an average percentage, for the reduction of diesel particulate matter emissions by a diesel particulate matter filter or other comparably effective emissions control device;
(2) A minimum standard, stated in parts per million, for the reduction of emissions of undiluted carbon monoxide, using an oxidation catalyst or other gaseous emissions control device;
(3) A minimum standard, stated in parts per million, for the reduction of emissions of oxides of nitrogen, using advanced control technology such as catalytic control technology or other comparably effective control methods; and
(4) Any additional requirements established by the rules of the commission prior to the enactment of this section, as may be supplemented or amended by legislative rules promulgated by the director or MSHA regulations relating to requirements for permissible mobile diesel-powered transportation equipment set forth in part 36, title thirty of the code of federal regulations, 30 C. F. R. §36.1, et seq.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-405. Exhaust Gas Monitoring and Control

(a) For monitoring and controlling exhaust gases, the director shall establish the maximum allowable ambient concentration of exhaust gases in the mine atmosphere. Standards for exhaust gases, stated in parts per million, shall be established for carbon monoxide and oxides of nitrogen. The rules shall establish the location in the mine at which the concentration of these exhaust gases is to be measured, the frequency at which measurements are to be made, and requirements prescribing the sampling instruments to be used in the measurement of exhaust gases.
(b) The director shall establish the concentration of exhaust gas, stated as a percentage of an exposure limit, that when present will require changes to be made in the use of diesel-powered equipment or the methods of mine ventilation, or will require other modifications in the mining process.
(c) The director shall provide for the remedial action to be taken if the concentration of any of the gases listed in subsection (a) of this section exceeds the exposure limit.
(d) In addition to the other maintenance requirements required by this article, the director shall establish requirements provide for service, maintenance and tests which are specific to an engine's fuel delivery system, timing or exhaust emissions control and conditioning system.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines › §22A-2A-501. Ventilation

§22A-2A-501. Ventilation.
(a) The director shall establish values to be maintained for the minimum quantities of ventilating air where diesel-powered equipment is operated. The purpose of these rules is to ensure that necessary minimum ventilating air quantity is provided where diesel-powered equipment is operated.
(b) The director shall require that each specific model of diesel-powered equipment shall be approved before it is taken underground. Each diesel engine shall have an assigned MSHA approval number securely attached to the engine with the information required by 30 C. F. R. §§7.90 and 7.105, the approval plate shall also specify the minimum ventilating air quantity required by the director for the specific piece of diesel-powered equipment. The minimum ventilating air quantity shall be determined by the director based on the amount of air necessary at all times to maintain the exhaust emissions at levels not exceeding the exposure limits established pursuant to section four hundred six of this article.
(c) The minimum quantities of air in any split where any individual unit of diesel-powered equipment is being operated shall be at least that specified on the approval plate for that equipment. Air quantity measurements to determine compliance with this requirement shall be made at the individual unit of diesel-powered equipment.
(d) The director shall establish the minimum quantities of air required in any split when multiple units are operated. Air quantity measurements to determine compliance with this requirement shall be made at the most downwind unit of diesel-powered equipment that is being operated in that air split.
(e) Minimum quantities of air in any split where any diesel-powered equipment is operated shall not be less than the minimum air quantities established pursuant to subsections (a) and (b) of this section and shall be specified in the mine diesel ventilation plan.