reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-54 - Rules Governing Machine Mounted Methane Monitors in Underground Coal Mines › Section 36-54-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.Scope. -- Rules
				Governing Machine Mounted Methane Monitors in Underground Coal Mines.
1.2.Authority. -- W. Va. Code §
									22-6-4.
1.3. Filing Date. -- August22,
				2013.
1.4. Effective Date. --
				November1, 2013.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-54 - Rules Governing Machine Mounted Methane Monitors in Underground Coal Mines › Section 36-54-2 - Effect of Law and Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Theserules and regulations shall have the effect of law and violations shall be
				deemed a violation of law and so cited with the same effect as law
2.2. These rules and regulations are intended
				to increase the degree of safety called for by § 22A-2-43(h) calling for
				the automatic de-energization of the extraction apparatus when methane
				concentration at any machine-mounted methane monitor reaches one and
				twenty-five one hundredths percent for a sustained period.
2.3. These rules and regulations are intended
				as a response to the legislative mandate in § 22A-2-43(i) requiring the
				Board of Coal Mine Health and Safety to promulgate legislative rules defining
				the term "sustained period" as in § 22A-2-43(h)(1) as well as establishing
				a compliance schedule to all machine mounted methane monitors to be refitted
				with methane monitors able to detect methane at one and twenty-five one
				hundredths percent.
2.4. These
				rules and regulations, as they increase the degree of safety called for by the
				West Virginia Legislature, are intended to act as a replacement and a call for
				appeal of existing legislative language as found in § 22A-2-43(h) and
				§ 22A-2-43(i).
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-54 - Rules Governing Machine Mounted Methane Monitors in Underground Coal Mines › Section 36-54-3 - Methane Monitors

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. MSHA
				approved methane monitors shall be installed on all face cutting machines,
				continuous miners, longwall face equipment, loading machines, and other
				mechanized equipment used to extract or load coal within the working place
				except machines used to load coal behind a continuous miner.
3.2. The sensing device for methane monitors
				on longwall shearing machines shall be installed at the return air end of the
				longwall face. An additional sensing device also shall be installed on the
				longwall shearing machine, downwind and as close to the cutting head as
				practicable. An alternative location or locations for the sensing device
				required on the longwall shearing machine may be approved in the ventilation
				plan.
3.3. The sensing devices of
				methane monitors shall be installed as close to the working face as
				practicable.
3.4. Methane monitors
				shall be maintained in permissible and proper operating condition and shall be
				calibrated with a known air-methane mixture at least once every 15 days. To
				assure that methane monitors are properly maintained and calibrated, the
				operator shall:
3.4.1. Use persons properly
				trained in the maintenance, calibration, and permissibility of methane monitors
				to calibrate and maintain the devices.
3.4.2. Maintain a record of all calibration
				tests of methane monitors. Records shall be maintained in a secure book that is
				not susceptible to alteration or electronically in a computer system so as to
				be secure and not susceptible to alteration.
3.4.3. Retain the record of calibration tests
				for 1 year from the date of the test. Records shall be retained at a surface
				location at the mine and made available for inspection by authorized
				representatives of the Director and the representative of miners.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-54 - Rules Governing Machine Mounted Methane Monitors in Underground Coal Mines › Section 36-54-4 - Actions for Excessive Methane

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Location of tests hand held methane
				detectors. Tests for methane concentrations with hand held methane detectors
				under this section shall be made at least 12 inches from the roof, face, ribs,
				and floor.
4.2. Working places and
				intake air courses.
4.2.1. When 1.0 percent
				or more methane is present in a working place or an intake air course,
				including an air course in which a belt conveyor is located, or in an area
				where mechanized mining equipment is being installed or removed--
4.2.1.1. Except intrinsically safe
				atmospheric monitoring systems (AMS), electrically powered equipment in the
				affected area shall be deenergized, and other mechanized equipment shall be
				shut off;
4.2.1.2. Changes or
				adjustments shall be made at once to the ventilation system to reduce the
				concentration of methane to less than 1.0 percent; and
4.2.1.3. No other work shall be permitted in
				the affected area until the methane concentration is less than 1.0
				percent.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-55 - Rules and Regulations Governing the Reporting of Failed Substance Abuse Screenings and Tests and Approval of Rehabilitation Programs by the Board of Appeals › Section 36-55-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --Rules
				and regulations governing the reporting of failed substance abuse
				pre-employment screenings and tests and approval of rehabilitation programs by
				the board of appeals.
1.2.
				Authority. -- W. Va. Code §
									22-6-4;
				§ 22-6-5(b).
1.3. Filing Date.
				-- May 8, 2013.
1.4. Effective
				Date. --July 1, 2013.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-55 - Rules and Regulations Governing the Reporting of Failed Substance Abuse Screenings and Tests and Approval of Rehabilitation Programs by the Board of Appeals › Section 36-55-2 - Effects Of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				rules and regulations shall have the effect of law and violations shall be
				deemed a violation of law and so cited with the same effect as law. All
				provisions of Article 1A, Chapter 22A of the Code relative to enforcement are
				applicable to the enforcement of these rules and regulations.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-55 - Rules and Regulations Governing the Reporting of Failed Substance Abuse Screenings and Tests and Approval of Rehabilitation Programs by the Board of Appeals › Section 36-55-3 - Requirement to report failed screening results

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All substance abuse screening tests
				required by § 22A-1A-1(a)(1) of West Virginia Code producing a positive
				result will be reported to the Office of Miner's Health Safety and Training
				pursuant to § 22A-1A-1(d).
3.2 Upon receipt of such report the Office of
				Miner's Health Safety and Training shall temporarilysuspended certifications of
				individuals pursuant to § 22A-1A-1(d).
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-55 - Rules and Regulations Governing the Reporting of Failed Substance Abuse Screenings and Tests and Approval of Rehabilitation Programs by the Board of Appeals › Section 36-55-4 - Requirement to have the West Virginia Board of Appeals approve rehabilitation programs in response to failed screening results

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All rehabilitation programs mandated by
				§ 22A-1A-2(b) in response to a failed substance abuse screening test must
				be approved by the West Virginia Board of Appeals.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-56 - Rules Governing Arrangements for Emergency Medical Assistance and Transportation for Injured Persons › Section 36-56-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - Rules
				and regulations governing Arrangements for emergency medical assistance and
				transportation for injured persons; agreements; reporting requirements; posting
				requirements.
1.2. Authority. - W.
				Va. Code §
									22-6-4;
				§ 22-6-5(b)
1.3. Filing Date.
				- December 13, 2013.
1.4. Effective
				Date. - January 1, 2014.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-56 - Rules Governing Arrangements for Emergency Medical Assistance and Transportation for Injured Persons › Section 36-56-2 - Effects Of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				rules and regulations shall have the effect of law and violations shall be
				deemed a violation of law and so cited with the same effect as law. All
				provisions of Article 1A, Chapter 22A of the Code relative to enforcement are
				applicable to the enforcement of these rules and regulations.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-56 - Rules Governing Arrangements for Emergency Medical Assistance and Transportation for Injured Persons › Section 36-56-3 - /STRONG Arrangements for Emergency Medical Assistance and Transportation for Injured Persons; Agreements; Reporting Requirements; Posting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Within 30 days of the effective date of this regulation an independent
				contractor shall make arrangements for emergency transportation for any person
				injured at the mine including a map to the mine and make arrangements with a
				licensed physician, medical service, medical clinic, or hospital to provide
				24-hour emergency medical assistance for any person injured at the mine. Said
				arrangements shall specify the names and addresses of these service
				providers.
3.2. Within 30 days of
				the effective date of this regulation, all mine operators and independent
				contractors shall include the information required by sub section 3.1 into the
				comprehensive mine safety program for new mining operations started up after
				the effective date of this rule. All independent contractors per sub section
				3.1 of this rule shall include directions to any applicable work site currently
				not contained within existing emergency plans of the mine operator
3.3. Each operator and or independent
				contractor shall, within 10 days after any change of the arrangements required
				to be reported under the provisions of this regulation, report such changes to
				The Director or an authorized representative of the Director. If such changes
				involve a substitution of persons, the operator, sub-contractor, and or
				independent contractor shall provide the name, title, and address of the person
				substituted together with the name and address of the medical service, medical
				clinic, hospital, or ambulance service with which such person or persons are
				associated.
3.4. Each operator,
				sub-contractor, and or independent contractor shall designate an ambulance
				route and shall clearly post signs at the entrance of the mine indicating
				designated ambulance routes as well as clearly marking each designated
				ambulance route.
3.5. Those
				performing technical work 2 days or more are required to report to the guard or
				mine office the work to be performed, location of work, and number individuals
				expected to perform the work and a plan compatible with this regulation. A
				record of this report will be kept at the guard or mine office.
3.6. Independent contractors working
				underground or on surface areas of an active underground mine and independent
				contractors working on the active area of surface mines and preparation plants
				covered by the operator will not be affected by this rule.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule pertains to the implementation of provisions designed to protect
				miners from injuries sustained when becoming contacted by or caught between or
				by mobile equipment and other equipment or structures mobile or stationary in
				underground coal mines operating in West Virginia.
1.2. Authority. -- W. Va. Code §§
									22A-6-4 and
				22A-6-5.
1.3. Filing Date. - February 1,
				2024.
1.4. Effective Date. - April
				1, 2024.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Director.
				-- Director shall mean the Director of the Office of Miner's Health, Safety,
				and Training or the Director's authorized representative.
2.2. Proximity detection system. -- A system
				that must be capable of providing an audible and visual warning prior to safely
				shutting down mobile equipment, and must be capable of stopping the mobile
				equipment before contacting a miner.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-3 - Proximity Detection System Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A proximity
				detection system includes machine-mounted components and miner-wearable
				components.
3.2. A proximity
				detection system must meet the following requirements:
3.2.1. Cause a machine, which is tramming
				from place to place or repositioning, to stop before contacting a miner except
				for a miner who is in the on-board operator's compartment;
3.2.2. Provide an audible and visual warning
				signal on the miner-wearable component and a visual warning signal on the
				machine that alerts miners before the system causes a machine to stop. These
				warning signals must be distinguishable from other signals;
3.2.3. Provide a visual signal on the machine
				that indicates the machine-mounted components are functioning
				properly;
3.2.4. Prevent movement
				of the machine if any machine-mounted component of the system is not
				functioning properly. However, a system with any machine-mounted component that
				is not functioning properly may allow machine movement if it provides an
				audible or visual warning signal, distinguishable from other signals, during
				movement. Such movement is permitted only for purposes of relocating the
				machine from an unsafe location for repair;
3.2.5. Be installed to prevent interference
				with or from other electrical systems; and
3.2.6. Be installed and maintained in proper
				operating condition by a person trained in the installation and maintenance of
				the system.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-4 - Proximity Detection Systems Required

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All place
				change continuous miners on the working section shall have a proximity
				detection system installed and maintained.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-5 - Care, Maintenance, and Performance Minimum for Proximity Detection Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Proximity
				detection system checks.
5.1.1. Operators
				must:
5.1.1.a. Designate a person who must
				perform a check of machine-mounted components of the proximity detection system
				to verify that components are intact, that the system is functioning properly,
				and take action to correct defects:
5.1.1.a.1.
				At the beginning of each shift when the machine is to be used; or
5.1.1.a.2. Immediately prior to the time the
				machine is to be operated if not in use at the beginning of a shift;
				or
5.1.1.a.3. Within one (1) hour
				of a shift change if the shift change occurs without an interruption in
				production.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-6 - Requirements for Section Haulage Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Scoops, diesel
				powered equipment, and other battery powered section haulage equipment
				operating in-by the section loading point not provided with compatible
				proximity detection systems shall at a minimum:
6.1.1. Employ cameras; or
6.1.2. Be equipped with other alternatives as
				recommended by the West Virginia Board of Coal Mine Health and Safety and
				approved by the Director that provide warnings to equipment operator and or
				persons who are traveling in the area.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-7 - Pre-Operation Equipment Checks

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each working
				shift prior to its operation, all self-propelled equipment to be operated
				during that shift shall be examined by the equipment operator for safety
				defects and/or unsafe conditions.
7.2. Pre-operational equipment examination
				required under Section 7.1. of this Series shall include the following items at
				a minimum. In addition, a list of the following items shall be maintained on
				such equipment:
7.2.1. Stop/start
				control;
7.2.2. Panic
				bar;
7.2.3. Tram
				controls;
7.2.4.
				Steering;
7.2.5. Service
				brakes;
7.2.6. Automatic emergency
				brakes, if applicable;
7.2.7.
				Lights;
7.2.8. Warning
				device;
7.2.9. Canopies, where
				required;
7.2.10. ATRS system and
				boom controls on roof bolting machines;
7.2.11. Proximity detection systems or
				cameras, if applicable;
7.2.12.
				Park Brakes.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-8 - Equipment Operators to Check Haulage Routes

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In addition to
				the provisions under West Virginia Code of State Rules §
									36-25-12, before operating a piece
				of section haulage equipment on a working section underground for the first
				time during a shift, the equipment operator shall physically walk the path of
				travel to observe for hazards or non-routine work being performed in the path
				of travel or any individual that may be in path of travel.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-9 - Equipment Operators to Sound Warning Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All equipment
				operators of underground section haulage equipment shall sound the audible
				alarm on the equipment at the start-up and when approaching and moving through
				any brattice material or check curtains to warn any miner in the
				vicinity.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-10 - Reflective or Highly Visible Materials Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Mine
				operators shall provide all miners with at least 100 square inches of
				reflective or highly visible material to be worn at all times while underground
				in a coal mine in this state. The reflective or highly visible material shall
				be readily visible and on the outer garments so as to be seen from all
				directions.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-57 - Rule Governing Proximity Detection Systems and Haulage Safety Generally › Section 36-57-11 - Designated Work Site Program

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Approved
				strobe lights, extension rods (pogo sticks) or cones shall be used in all
				working sections of an underground mine where maintenance, repair or
				rehabilitation work is being performed and where there is an unusually high
				risk of collision or contact by any other equipment that may be traveling in
				the affected area. Approved strobe lights, extension rods (pogo sticks) or
				cones shall be installed so as to provide warning and caution others
				approaching of the work area. If an approved strobe light is not utilized, a
				minimum of four (4) extension rods (pogo sticks) or four (4) cones or other
				devices approved by the Director must be used in each travel way of the
				affected area.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-58 - Rules Governing Impoundment Safety Procedures › Section 36-58-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures governing impoundment safety procedures
1.2. Authority. -- W. Va. Code
				22-6-4.
1.3. Filing Date. -- July 8, 2015
1.4. Effective Date. -- August 17, 2015
1.5 These rules and regulations
				shall have the effect of law and violations shall be deemed a violation of law
				and so cited with the same effect as law. All provisions of Article lA, Chapter
				22A of the Code relative to enforcement are applicable to the enforcement of
				the rules and regulations.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-58 - Rules Governing Impoundment Safety Procedures › Section 36-58-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All terms used
				in these rules and regulations, not defined herein, shall have the meanings set
				forth in W. Va. Code 22A. 1.1.
2.2.
				Life-saving skiff shall be defined as a shallow, flat-bottomed open boat with
				sharp bow and square stem
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-58 - Rules Governing Impoundment Safety Procedures › Section 36-58-3 - General Safety Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Dumping
				areas or material fill areas shall be constructed, installed and maintained in
				a manner to ensure safe operation and stability.
3.2. All persons whose job assignments
				require exposure to the hazards involved with dumping areas or fill areas shall
				be trained in the procedures and potential hazards that exist in these areas. A
				record shall be kept of such instructions.
3.3. Additional safeguards related to slurry
				impoundments, but not limited to the following:
3.3.a. Employees working over or near water,
				where the danger of drowning exists, shall be provided with United State Coast
				Guard approved life jackets or buoyant work vests.
3.3.b. Prior to and after each use, the
				buoyant work vests or life preservers shall be inspected for defects that would
				alter their strength or buoyancy. Defective units shall not be used.
3.3.C. Ring buoys with at least ninety (90)
				feet of line shall be provided and readily available for emergency rescue
				operations.
3.3.d. At least one (1)
				life-saving skiff shall be immediately available at locations where employees
				are working over or adjacent to water.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-59 - SUPERVISION OF UNDERGROUND APPRENTICES IN AREAS OTHER THAN THE WORKING SECTION › Section 36-59-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule pertains to the supervision of apprentices in underground coal mines
				in locations other than the working section operating in West
				Virginia.
1.2. Authority. -- W. Va.
				Code §§
									22A-6-4 and
				22A-6-5.
1.3. Filing Date. -- September 11,
				2023.
1.4. Effective Date. --
				October 11, 2023.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-59 - SUPERVISION OF UNDERGROUND APPRENTICES IN AREAS OTHER THAN THE WORKING SECTION › Section 36-59-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Apprentice
				-- Apprentice shall mean the holder of a permit of apprenticeship issued by the
				Director.
2.2. Director -- Director
				shall mean the Director of the Office of Miner's Health, Safety, and Training
				or the Director's authorized representative.
2.3. Working section -- The term "working
				section" means all areas of the coal mine from the loading point of the section
				to and including the working faces.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-59 - SUPERVISION OF UNDERGROUND APPRENTICES IN AREAS OTHER THAN THE WORKING SECTION › Section 36-59-3 - Supervision of apprentices

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. As stated in
				§
									22A-8-5 on the working section:
3.1.1. Any miner holding a certificate of
				competency and qualification (experienced miner) may have one (1) 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.
3.1.2. Any mine
				foreman or fire boss, or assistant mine foreman or fire boss, may have three
				(3) 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.
West Virginia Code of State Rules › Agency 37 - Mine Board Of Appeals › Title 37 - PROCEDURAL RULE MINE BOARD OF APPEALS › Series 37-01 - Rules And Procedures Governing Procedures And Practice Before The Board Of Appeals › Section 37-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
(a) The procedures and rules of practice set
				forth herein shall govern and apply to proceedings before the Board of Appeals
				generally or Hearings Examiners appointed as authorized by law, including
				proceedings for the withdrawal of certification pursuant to W. Va. Code
				'29-1a-22a.
(b) In any proceeding
				initiated prior to the effective date of these rules, the provisions hereof
				shall govern and apply to all activities in such proceedings conducted after
				the effective date of these rules. Except when ordered by the Board, no
				reissuance of any pleadings, documents or requests shall be required in such a
				proceeding.
(c) These rules shall
				be liberally construed to secure the just, prompt and inexpensive conduct and
				determination of all proceedings before the Board consistent with adequate
				consideration of the issues involved.
(d) On any procedural question not regulated
				by these rules, the pertinent provisions of the Administrative Procedure Act
				shall apply. On any matter not regulated by these rules and for which there is
				no pertinent provision in the Administrative Procedure Act, the provisions of
				the West Virginia Rules of Civil Procedure or the rules of evidence and
				privilege applicable in the courts of general jurisdiction of this State, as
				appropriate, shall apply.
West Virginia Code of State Rules › Agency 37 - Mine Board Of Appeals › Title 37 - PROCEDURAL RULE MINE BOARD OF APPEALS › Series 37-01 - Rules And Procedures Governing Procedures And Practice Before The Board Of Appeals › Section 37-1-2 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Scope. -- Unless otherwise specified in
				these or other rules and regulations, the rules in this section shall govern
				and apply to hearings conducted by the Chairman or a Hearing Examiner pursuant
				to the authority provided in the laws of this State or Rules and Regulations
				pursuant thereto.
2.2. Conduct of
				hearings. -- The Chairman or a Hearing Examiner appointed by the Board in those
				proceedings, as authorized by the Code, shall conduct every hearing.
2.3. Powers of the Board and Hearing
				Examiners.
(a) In all proceedings before the
				Board or during the time of reference of a proceedings to a Hearing Examiner in
				matters authorized by the Code, the Board or the Hearing Examiner in such
				respective matters shall have the authority and power to:
(1) Administer oaths and
				affirmations;
(2) Rule upon offers
				of proof and receive relevant evidence;
(3) Take such action regarding discovery as
				required in any proceedings and as specified in these rules;
(4) Regulate the course of the
				hearing;
(5) Dispose of procedural
				requests or similar matters;
(6)
				Hold conferences for the settlement or simplification of the issues with the
				consent of the affected parties;
(7) Deny any continuance except for good
				cause shown;
(8) Request the
				Director to investigate the charge filed in a decertification proceeding and
				report the results of the investigation within ten (10) days of his receipt of
				the request;
(9) Adopt any other
				method for the gathering of sworn evidence which affords the Director and all
				parties due process of law and fair opportunity to present and make a record of
				evidence; and
(10) Take any other
				action in connection with proceedings as authorized by law.
West Virginia Code of State Rules › Agency 37 - Mine Board Of Appeals › Title 37 - PROCEDURAL RULE MINE BOARD OF APPEALS › Series 37-01 - Rules And Procedures Governing Procedures And Practice Before The Board Of Appeals › Section 37-1-3 - Rules Applicable to Proceedings Initiated to Withdraw Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Scope. --
				The rules in this section govern and are applicable to proceedings initiated
				pursuant to W. Va. Code '22-5-1 by a mine inspector, Commissioner or the
				Director to charge a mine foreman, assistant mine foreman, fire boss or any
				other certified person with neglect or failure to perform any duty mandated
				pursuant to W. Va. Code ''22a-1a-1 or 22a-1a-2. In addition to the rules
				contained in this section, the general rules of practice before the Board
				contained in Section 1 of these rules and the rules relating to hearings held
				by the Board contained in Section 2 of these rules are also applicable to such
				proceedings.
3.2. By whom and
				against whom a charge may be initiated. -- A mine inspector or the Director and
				the Commissioner may charge a mine foreman, assistant mine foreman, fire boss
				or any other certified person with neglect or failure to perform any duty
				mandated pursuant to ''22a-1-1 or 22a-1-2.
3.3. Initiation of proceedings. -- The charge
				is initiated by filing it with the Director or with the Board. If a charge is
				filed with the Director, the Director, within ten (10) days, shall forward
				notice of the charge with a copy of the charge to the Board.
3.4. Notice of charge and time to answer. --
				The Board upon receipt of a charge shall immediately give notice of the charge
				accompanied by the charge, to the charged party, the Director and the
				Commissioner if he is not the charging party, and the representative of the
				miner or miners at the mine where the violation is alleged to have occurred,
				giving ten (10) days from the date of the notice in which to answer.
3.5. Contents of charge.
(a) A charge shall comply with applicable
				general requirements and shall contain:
(1)
				The name of the person charged;
(2)
				The duty or duties the person charged is alleged to have violated;
(3) The approximate date and place so far as
				is known of the violation of duty; and
(4) The capacity of the person making the
				charge.
West Virginia Code of State Rules › Agency 37 - Mine Board Of Appeals › Title 37 - PROCEDURAL RULE MINE BOARD OF APPEALS › Series 37-01 - Rules And Procedures Governing Procedures And Practice Before The Board Of Appeals › Section 37-1-4 - Rules Applicable to Proceedings Initiated Alleging Discrimination or for Compensation Owed to Miners as a Result of a Withdrawal Order

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Scope. --
				The rules of this section govern and are applicable to proceedings initiated
				pursuant to section twenty, article one-a, chapter twenty-two-a of the Code by
				any miner or a representative of miners who believes that he has been
				discharged or in any other way discriminated against because he, (a) has
				notified the Director, his authorized representative or an operator, directly
				or indirectly, of any alleged violation or danger, (b) has filed, instituted or
				caused to be filed or instituted any proceeding under this law, (c) has
				testified or is about to testify in any proceeding resulting from the
				administration or enforcement of the provisions of the state mining laws; or
				any miner who has not been compensated by an operator for lost time due to the
				posting of a withdrawal order. In addition to the rules contained in this
				section, the general rules of practice before the Board contained in Section 1
				of these rules and the rules relating to hearings held by the Board contained
				in Section 2 of these rules are also applicable to such proceedings.
4.2. When and by whom applications may be
				made to Board. -- Any miner or a representative of miners who believes that he
				has been discharged or otherwise discriminated against as set out in (a), (b)
				or (c) of Section 4.1 of these rules, or any miner who has not been compensated
				by an operator for lost time due to the posting of a withdrawal order, may,
				within thirty (30) days after such violation occurs, make application to the
				Board for a review of such alleged discharge, discrimination or failure to
				compensate.
4.3. Initiation of
				proceedings. -- The proceeding is initiated by filing the application with the
				Board.
4.4. Contents of
				application.
An application shall comply with applicable general
				  requirements and shall contain:
(1) The
				name of the respondent,
(2) A
				description of the act and detailed circumstances surrounding the alleged
				discharge, discrimination or failure to compensate, accompanied by any
				supporting documents that may be available,
(3) Copies of any contract arbitration
				decision involving the applicant and the same set of facts alleged in the
				application,
(4) A statement as to
				whether a similar complaint has been filed with the Secretary of the United
				States Department of Labor pursuant to 30 U.S.C. '815(c) of the Federal Mine
				Safety and Health Act.
West Virginia Code of State Rules › Agency 37 - Mine Board Of Appeals › Title 37 - PROCEDURAL RULE MINE BOARD OF APPEALS › Series 37-02 - Procedures For Temporary Suspension Of Certificates Issued To Persons Pending Full hearing Before The Board Of Appeals › Section 37-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Procedures for temporary
				suspension of certificates issued to persons pursuant to Chapter 22A of the
				Code of West Virginia pending full hearing before the Board of
				appeals.
1.2. Authority. -- W. Va.
				Code ''29A-3-3 and 29A-3-15.
1.3.
				Filing Date. -- August 11, 1983.
1.4. Effective Date. -- September 11,
				1983.
1.5. Definitions. -- Unless
				the context in which a word or term is used requires a different meaning, the
				definitions set out in W. Va. Code '22-1-1 apply to these
				regulations.
West Virginia Code of State Rules › Agency 37 - Mine Board Of Appeals › Title 37 - PROCEDURAL RULE MINE BOARD OF APPEALS › Series 37-02 - Procedures For Temporary Suspension Of Certificates Issued To Persons Pending Full hearing Before The Board Of Appeals › Section 37-2-2 - Procedures For Temporary Suspension Of Certificates Issued To Persons Pursuant To Chapter 22A Of The Code Of West Virginia Pending Full Hearing Before The Board Of Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Finding
				Probable Cause by the Board of Appeals. No temporary suspension of the
				certificate of a certified person shall be made by the Commissioner unless and
				until a finding of probable cause that such person has violated statutory
				duties has been made by the Board of Appeals according to the provisions of W.
				Va. Code '22A-1A,- 29(b).
2.2.
				Temporary Suspension of Certificates. The Commissioner may order the temporary
				suspension of the certificate of any person certified pursuant to Chapter 22A
				of the Code of West Virginia, pending full evidentiary hearing before the Board
				of appeals if an investigation by authorized representatives of the
				Commissioner reveals that:
(a) The certified
				person was active in the capacity which required or requires, the certification
				issued by the Commissioner; or
(b)
				Such certified person is, or was, assigned by the operator or operator's agent
				to perform duties set out in the Code or regulations; and
(c) Such certified person failed and/or
				neglected to perform such statutory or regulatory duties; and
(d) Such failure and/or neglect of duty
				resulted in a finding by an authorized representative of the Commissioner of a
				violation of a health and safety standard of the Code or regulations;
				and
(e) Such violation of a health
				and safety standard resulted in the occurrence or high likelihood of the
				occurrence of the event against which the standard is directed or designed to
				prevent.
The temporary suspension shall be effective upon issuance by the
				  Commissioner and shall remain effective until modified or terminated by the
				  Commissioner or the Board of Appeals.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-01 - Procedures And Practice Before The Department Of Energy › Section 38-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope,
				Construction, and Applicability.
a. The
				procedures and rules of practice set forth herein shall govern and apply to
				proceedings before Presiding Officers, the Commissioner of the Department of
				Energy or the Department generally including proceedings to assess monetary
				civil penalties pursuant to Section 19, Article 1A, Chapter 22A of the Code,
				proceedings to review orders and notices pursuant to Section 16, Article 1A,
				Chapter 22A of the Code and proceedings initiated upon a petition for
				declaratory ruling pursuant to Section 1, Article 4, Chapter 29A of the
				Code.
b. In any proceedings
				initiated prior to the effective date of these rules, the provisions hereof
				shall govern and apply to all activities in such proceedings conducted after
				the effective date of these rules. Except when ordered by the Presiding
				Officer, no reissuance of any pleading, documents or requests shall be required
				in such a proceeding.
c. These
				rules shall be liberally construed to secure the just, prompt and inexpensive
				conduct and determination of all proceedings before the Department of Energy
				consistent with adequate consideration of the issues involved.
d. On any procedural question not regulated
				by the rules, the pertinent provisions of the Administrative Procedure Act
				shall apply. On any matter not regulated by these rules and for which there is
				no pertinent provision in the Administrative Procedure Act, the provisions of
				the West Virginia Rules of Civil Procedure or the rules of evidence and
				privilege applicable in the courts of general jurisdiction of this State, as
				appropriate, shall apply.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-01 - Procedures And Practice Before The Department Of Energy › Section 38-1-2 - Rules Applicable to Proceedings Initiated to Assess Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Scope.
a. The rules in this Section govern, and are
				applicable, to proceedings initiated by the Commissioner to assess civil
				penalties under Section 19, Article 1A, Chapter 22A of the Code. In addition to
				the rules contained in this Section, the general rules of practice before the
				Department contained in Section 1 and the rules relating to hearings held by
				the Department contained in Section 3 are also applicable to such
				proceedings.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-01 - Procedures And Practice Before The Department Of Energy › Section 38-1-3 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Scope.
a. Unless otherwise specified in these or
				other rules and regulations, the rules in this Section shall govern and apply
				to hearings conducted by the Commissioner other Presiding Officer or by the
				Department pursuant to the authority provided in the laws of this State or
				rules and regulations promulgated pursuant thereto.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-01 - Procedures And Practice Before The Department Of Energy › Section 38-1-4 - Rules Applicable to Proceedings for Modification, Extension, Termination or Review of Orders and Notices

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Scope.
a. The rules in this Section govern and are
				applicable to review proceedings initiated pursuant to Section 15, Article 1A.
				Chapter 22A of the Code, by operators or representatives of miners in any mine
				affected by orders and notices of violation issued pursuant to the provisions
				of Sections 13 and 14, Article 1A, Chapter 22A of the Code. In addition to the
				rules contained in this Section, the general rules of practice before the
				Department contained in Section 1 and the rules relating to hearings held by
				the Department contained in Section 3 are also applicable to such
				proceedings.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-01 - Procedures And Practice Before The Department Of Energy › Section 38-1-5 - Rules Applicable to Proceedings Initiated Upon Petition for Declaratory Ruling

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Scope.
a. The rules in this Section govern and are
				applicable to proceedings initiated pursuant to Section 1, Article 4, Chapter
				29A of the Code on petition of any interested person for a declaratory ruling
				to be. issued by the Department of Energy with respect to the applicability to
				any person, property or statement of facts of any rule or statute enforceable
				by the Department of Energy. In addition to the rules contained in the Section,
				the general rules of practice before the Department contained in Section 1 and
				the rules relating to hearings held by the Department contained in Section 3
				are also applicable to such proceedings.