West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-04 - Rules Governing Protective Clothing And Equipment › Section 56-4-9 - Wireless Emergency Communication and Tracking/Locating systems

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Director shall require, in each
				underground mine, an integrated communication and tracking/locating system
				maintained consistent with W. Va. Code R. §36-5-3.2 and a component of
				which shall be a communication center monitored at all times during which 1 or
				more miners are underground. A wireless emergency communication and
				tracking/locating device approved by the Director shall be worn by each miner
				underground and shall be provided by the operator.
9.2. As soon as practicable, the Director
				shall notify all operators of the wireless emergency communication and
				tracking/locating devices approved by the Director for use by each miner
				underground pursuant to W. Va. Code §22A-2-55.
9.3. The Director shall acquire, no later
				than July 1, 2006, the necessary technical/engineering support to evaluate the
				performance of individual communication/tracking devices and review the
				effectiveness of proposed communication/tracking plans.
9.4. The Director shall, no later than July
				10, 2006, issue an open opportunity for emergency communication and
				tracking/locating providers to submit products for approval.
9.5. The Director shall require providers
				seeking approval to submit documentation certified by a licensed West Virginia
				professional engineer that: the product has been tested for functionality in
				West Virginia underground mines; that the product has been or is in the process
				of being approved as intrinsically safe by MSHA and other criteria as the
				Director determines; a description of the process used in making that
				determination; and a certification in the following form: AI, the undersigned,
				hereby certify that this product, to the best of my knowledge and belief, meets
				or exceeds all requirements set forth in W. Va. Code R. §56-4-9", that the
				product has been tested for functionality in West Virginia underground mines,
				that the product has been or is in the process of being approved as
				intrinsically safe by MSHA and other criteria as the Director
				determines.
9.6. No later than July
				31, 2007 all underground mine operators shall submit a communication/tracking
				plan for approval by the Director in accordance with W. Va. Code
				§22A-1-36. The design,
				development, submission, and implementation of the communication/tracking plan
				shall be the responsibility of the operator of each mine.
9.7. Within 30 calendar days after submission
				of the communication/tracking plan, the Director shall either approve the
				communication/tracking plan, or shall reject and return the plan to the
				operator for modification and resubmission, stating in detail the reason for
				such rejection. If the plan is rejected, the Director shall give the operator a
				reasonable length of time, not to exceed 15 calendar days, to modify and
				resubmit such plan.
9.8. Within 15
				days of approval by the Director, the underground mine operator shall submit as
				an addendum to its plan, a copy of any contract, or purchase order, or other
				proof of purchase of any equipment required to complete the
				communication/tracking system and for installation and ongoing
				maintenance.
9.9. The operator
				shall submit certified progress reports no less frequently than every 60
				calendar days until full compliance is achieved.
9.10. If the Director, in his/her sole
				discretion, determines that an operator has failed to provide a
				communication/tracking plan or progress report, has provided an inadequate
				communication/tracking plan or progress report, has failed to comply with its
				approved communication/tracking plan or compliance schedule, or has failed to
				provide a copy of any contract, purchase order or other proof of purchase
				required under this section, in an effort to delay, avoid or circumvent
				compliance with W. Va. Code §22A-2-55 or this
				rule, the Director shall issue a cessation order to the operator for the
				affected mine under W. Va. Code §22A-1-15.
9.11. In developing the
				communication/tracking plan and any revisions, the operator shall take into
				consideration the needs for emergency communications and tracking/locating
				resulting from accidents as described at W. Va. Code §22A-2-66(a),
				physical features of the particular mine, emergency plans, existing
				communication infrastructure, communications required under W. Va. Code
				§22A-1-35(k) and
				2-42 and W. Va. Code R. §36-2-2 and 5-2, advances in
				communication/tracking technologies and any other aspect of the particular mine
				the operator deems relevant to the development of the communication/tracking
				plan.
9.12. The proposed
				communication/tracking plan shall describe the structure and operations of the
				separate or integrated communication/tracking system(s) and its role in
				emergency response specific to the mine shall be detailed and submitted to the
				Director and, once approved, to the mine rescue teams providing coverage with
				an updated mine rescue program pursuant to W. Va. Code §22A-1-35(q).
				Copies of the most recent version shall be available at the mine for emergency
				responders. As changes are made to the system, updated versions shall be
				submitted to the above.
9.13. The
				proposed communication/tracking system shall include the ability for:
9.13.1. A communication center monitored at
				all times during which 1 or more miners are underground.
9.13.1.a. This center shall be staffed by
				miners holding a valid underground miner's certificate, and trained and
				knowledgeable in the installed communications/ tracking systems, monitoring and
				warning devices, travel ways, and mine layout.
9.13.1.b. Individuals not possessing a valid
				underground miner's certificate but working full-time as a communication center
				operator on or before May 25, 2006 shall be allowed to continue as
				communications center operators at that mine provided they will have
				successfully completed no later than December 31, 2006 a certified 80 hour
				underground miners apprentice training program, as defined in W. Va. Code R.
				§48-2-2.7(a), renewed annually pursuant to W. Va. Code R.
				§48-2-2.8(a) and documentation is available for inspection consistent with
				W. Va. Code R. §36-24-5.