reglab/statecodes huggingface dataset:
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-22 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1.
				Training will be provided in accordance with 30 C.F.R. Part 46 to
				include new miner training, newly hired experienced miner training,
				task training and annual refresher training. Training will be
				documented on a MSHA 5000-23 form or equivalent. This form shall be
				available to representatives of the Director upon request.
22.2. Job assignments to any miner.
				When a job assignment is given to any miner that he/she has not
				performed in the recent past, such inexperienced person, in the
				particular job assignment, shall be instructed in the hazards
				incident thereto and the law and rules relevant thereto prior to
				performing any duties in such new job assignment. When such job
				assignment includes the operation of equipment, the instruction shall
				include a supervised dry run. Instructions shall be given by a
				person(s) competent in the operation of the equipment as well as the
				hazards associated with quarry mining and shall include the proper
				use, function, testing, and maintenance of all safety features of the
				equipment. When the job assignment is related to a plan in effect at
				the quarry, the relevant portions of the plan shall be reviewed. A
				record shall be kept of such instruction and made available to a
				representative of the Director upon request.
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-23 - Quarry Map

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. The operator shall maintain
				an updated quarry map and provide a copy to the West Virginia Office
				of Miners' Health, Safety and Training on or before the first day of
				March of each year. The map shall be an accurate and up-to-date map
				of the quarry, on a scale of not less than one hundred (100) nor more
				than five hundred (500) feet to the inch, at or near the quarry, in
				an area chosen by the operator, with a duplicate copy on file at a
				separate and distinct location, to minimize the danger of destruction
				by fire or other hazard. The map shall show:
23.1.a. Name and address of the
				quarry,
23.1.b. The
				property or boundary lines of the active areas of the
				quarry,
23.1.c. Contour
				lines passing through whole number elevations of the mineral being
				quarried. The spacing of such lines shall not exceed twenty-five (25)
				foot elevation levels, except that a broader spacing of contour lines
				maybe approved by an authorized representative of the Director for
				steeply pitching minerals. Contour lines may be placed on overlays or
				tracings attached to quarry maps.
23.1.d. The general elevation of
				the mineral being mined and the general elevation of the
				surface;
23.1.e. Either
				producing or abandoned oil and gas wells and lines located on the
				quarry property,
23.1.f.
				The location and elevation of any body of water dammed or held back
				in any portion of the quarry: Provided, however, such bodies of water
				may be shown on overlays or tracings attached to the quarry
				maps;
23.1.g. All
				prospect drill holes that penetrate the mineral being mined on the
				quarry property,
23.1.h.
				All worked out and abandoned areas;
23.1.i. The location of railroad
				tracks and public highways leading to the quarry and quarry buildings
				of a permanent nature with identifying names shown;
23.1.j. Underground quarry workings
				underlying and within one thousand (1,000) feet of the active areas
				of the quarry,
23.1.k.
				The location and description of at least two (2) permanent base line
				points, and the location and description of at least two (2)
				permanent elevation bench marks used in connection with establishing
				or referencing quarry elevation surveys; and
23.1.l. The scale of the
				map.
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-24 - Air Quality

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Persons whose duties require
				them to use air quality testing devices shall be trained by the
				operator to assure their competence and a record that such training
				was given shall be kept on file by the operator for a period of one
				(1) year.
24.2. Each
				operator shall provide for the proper maintenance and care of the
				approved testing device(s) by a person trained in such maintenance,
				and before each shift, care shall be taken to insure that such
				device(s) are maintained according to manufacturers' recommendations.
				Air quality testing devices shall be calibrated according to
				manufacturers' recommendations and a record kept and made available
				to interested persons for a period of one (1) year.
24.3. Air quality.
24.3.a. Exposure monitoring. Dust,
				gas, mist, and fume surveys shall be conducted as frequently as
				necessary to determine the adequacy of control measures.
24.3.b. Oxygen deficiency. Air in
				all active workings shall contain at least 19.5 volume percent
				oxygen.
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-26 - Independent Contractor Register

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. All independent contractors
				as defined in subsection 3.42 of these rules shall register with the
				West Virginia Office of Miners' Health, Safety and Training within
				sixty (60) days of the effective date of these rules and receive a
				contractor identification number before performing services or
				construction work at quarries in this state. A one-time fee of fifty
				dollars ($50.00) will be required to register.
26.2. In the event the quarry-only
				independent contractor ceases working on quarry mine property, they
				shall notify the Director in writing within sixty (60)
				days.
26.3. The
				quarry-only independent contractor permit is for work performed at
				quarries only and does not include working on coal mine
				property.
26.4. To
				register, all independent contractors shall provide the West Virginia
				Office of Miners' Health, Safety and Training the following
				information on forms provided by the West Virginia Office of Miners'
				Health, Safety and Training:
26.4.a. The independent
				contractor's trade name, business address, and business
				telephone;
26.4.b. A
				general description of the nature of the work to be performed by the
				independent contractor; and
26.4.c. The independent
				contractor's address of record for service of citations or other
				documents involving the independent contractor.
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-27 - Service of Documents; Independent Contractors

Current through Register Vol. XLI, No. 28, July 12, 2024
Service of notices, orders, and other documents
				  upon independent contractors shall be completed upon delivery to the
				  independent contractor at the work site and mailed to the independent
				  contractor's address of record. A copy of all notices, orders, and
				  other required documents shall be posted on a conspicuous bulletin
				  board at the work site.
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-28 - Address of Record and Telephone Number; Independent Contractors

Current through Register Vol. XLI, No. 28, July 12, 2024
The address and telephone number required under
				  this section shall be the independent contractor's official address
				  and telephone number for purposes of Chapter 22A of the West Virginia
				  Code and these rules. Service of documents upon independent
				  contractors may be proved by a certified mail return receipt showing
				  that the documents were delivered to the address of record, or
				  showing that the independent contractor is no longer at that address
				  and has established no forwarding address because delivery was not
				  accepted at that address, or that no such address exists. Independent
				  contractors may request service by delivery to another appropriate
				  address of record provided by the independent
				  contractor.
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-29 - Enforcement of Citations and Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. These rules shall not be
				construed to limit the basic compliance responsibilities of
				production operators. Overall compliance responsibility of production
				operators shall include assuring compliance with the West Virginia
				Code provisions and rules which apply to the work being performed by
				independent contractors at the quarry.
29.2. It is the general enforcement
				policy of the West Virginia Office of Miners' Health, Safety and
				Training that the independent contractor will be held responsible for
				violations committed by the independent contractor or its employees
				where the production operator has complied with section 26 of these
				rules.
29.3. Enforcement
				action against production operators for violations which involve
				independent contractors may be taken by the West Virginia Miners'
				Health, Safety and Training where the production operator has
				contributed to the existence of a violation, or the production
				operator's miners are exposed to the hazard, or the production
				operator has control over the existence of the hazard.
29.4. A production operator may be
				properly cited for a violation of the rules involving an independent
				contractor where:
29.4.a. The
				production operator has contributed by either an act or an omission
				to the occurrence of a violation in the course of an independent
				contractor's work, or
29.4.b. The production operator has
				contributed by either an act or omission to the continued existence
				of a violation committed by an independent contractor, or
29.4.c. The production operator's
				miners are exposed to the hazard, or
29.4.d. The production operator has
				control over the condition that needs abatement.
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-30 - Construction

Current through Register Vol. XLI, No. 28, July 12, 2024
After the effective date of this rule, construction
				  operations within the quarry industry shall conform to Occupational
				  Safety and Health Administration (OSHA) regulations (29 C.F.R. Part
				  1926) in effect at the time of construction.
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 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-31 - Assessment of Quarry-Related Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. The
				procedures found in Title 56, Series 1 shall govern the assessment of
				quarry-related violations.
31.2. All civil monetary penalties
				assessed by the Director, pursuant to Section 21, Article 1, Chapter
				22A of the West Virginia Code, for quarry-related violations shall be
				not less than twenty-five percent (25%) nor greater than fifty
				percent (50%) of the value assessed against coal mines.
31.3. The civil monetary penalty
				for individual personal assessments shall not be more than two
				hundred fifty dollars ($250.00) for each occurrence of the violation.
TABLE
				  1
(See page 19, Subdivision
				  9.4.b.)
Transmitter Power
(Watts)
(except FM mobile)
Minimum Distance
(Feet)
5 - 25
100
25 - 50
150
50 - 100
220
100 - 250
350
250 - 500
450
500 - 1000
650
1000 - 2500
1000
2500 - 5000
1500
5000 - 10000
2200
10000 - 25000
3500
25000 - 50000
5000
50000 - 10000
7000
Transmitter Power
(Watts)
(FM mobile)
Minimum Distance
(Feet)
1 - 10
5
10 - 30
10
30 - 60
15
60 - 250
30
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 56-21 - Self-Contained Self-Rescue Device Immediate Reach Interpretive Rule › Section 56-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope and Purpose. -- The purpose of this interpretive rule is to
				disclose how the Office of Miners' Health, Safety and Training will
				interpret, clarify and explain the term immediate reach, codified in
				W. Va. Code §
									22A-2-55(f)(1).
1.2. Authority.-- W. Va. Code
				§
									22A-1-6.
1.3. Filing Date. -- July 30,
				2015.
1.4. Effective
				Date. --September 1, 2015.
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 56-21 - Self-Contained Self-Rescue Device Immediate Reach Interpretive Rule › Section 56-21-2 - Immediate Reach

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Office of Miners' Health,
				Safety and Training notes that pursuant to W. Va. Code §
									22A-2-55(f)(1),
				when an individual is underground the self-contained self-rescue
				device must be worn, or located within immediate reach. The Office of
				Miners' Health, Safety and Training interprets immediate reach to
				mean arm's reach which is a distance of no more than three (3) feet
				from the individual.
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 56-22 - Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors › Section 56-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule establishes a program for the certification,
				recertification and training of EMT-Miners (EMT-M) and the
				certification of EMT-M Instructors.
1.2. Authority. -- W. Va. Code
				§
									22A-10-3(g).
1.3. Filing Date. -- March 9,
				2020.
1.4. Effective
				Date. -- March 9, 2020.
1.5. Sunset Provision. -- This rule
				shall terminate and have no further force or effect upon March 9,
				2025.
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 56-22 - Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors › Section 56-22-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				rule establishes a program for the certification, recertification and
				training of EMT-Miners and the certification of EMT-M
				Instructors.
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 56-22 - Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors › Section 56-22-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				definitions found in W. Va. Code §
									22A-1-2 and
				W. Va. Code R. §
									56-3-3
				are applicable to this rule.
3.2. Board. The term "Board" means
				the Board of Coal Mine Health and Safety.
3.3. CPR. The term "CPR" means
				cardiopulmonary resuscitation.
3.4. CPR-Instructor. The term
				"CPR-Instructor" means a person possessing a valid and current
				CPR-Instructor card issued by a nationally-recognized CPR-Instructor
				training organization.
3.5. Director. The term "Director"
				means the Director of the Office of Miners' Health, Safety and
				Training.
3.6. EMT-M. The
				term "EMT-M" means an individual trained and certified to be an
				emergency medical technician for the mining industry. The term
				"EMT-M" means an EMT-Miner as well as EMT-Mining.
3.7. EMT-M Instructor. The term
				"EMT-M Instructor" means an individual certified by the Director to
				teach the certification and recertification courses and administer
				the examinations based on his or her qualifications, experience and
				background.
3.8. Form
				prescribed by the Director. The term "form prescribed by the
				Director" means a form which at a minimum shall require: The full
				legal name, the full Social Security number, date of birth, mailing
				address, telephone number (including cell number), and E-mail address
				of the applicant.
3.9.
				National DOT Curriculum for First Responders. The term "National DOT
				Curriculum for First Responders" means the United States Department
				of Transportation, National Highway Traffic Safety Administration,
				First Responder National Standard Curriculum.
3.10. Recertified or
				Recertification. The term "recertified" or "recertification" means
				either taking the eight (8) hour annual retraining module by December
				31 each year or by taking the thirty-two (32) hour retraining course
				once every three (3) years. Provided, the term "recertified" or
				"recertification" shall not mean the method by which an individual
				shall regain an invalid EMT-M certification after the individual
				misses two (2) modules.
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 56-22 - Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors › Section 56-22-4 - Certification and Recertification Requirements for EMT-M

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				applicant for certification as an EMT-M shall:
4.1.1. Be at least eighteen (18)
				years old;
4.1.2. Apply
				on a form prescribed by the Director;
4.1.3. Possess a valid and current
				CPR certification;
4.1.4.
				Successfully complete the EMT-M education program authorized by the
				Director in consultation with the Board; and
4.1.5. Successfully pass the EMT-M
				cognitive and skills examinations authorized by the Director in
				consultation with the Board.
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 56-22 - Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors › Section 56-22-5 - Application Requirements for an Initial EMT-M Instructor Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An applicant for certification
				as an EMT-M Instructor shall:
5.1.1. Be a certified or qualified
				first-aid instructor;
5.1.2. Possess a valid and current
				EMT-M certificate or its equivalent or be a medical professional
				approved by the Director in consultation with the Board;
5.1.3. Be a CPR
				instructor;
5.1.4. Be at
				least eighteen (18) years old; and
5.1.5. Apply on a form prescribed
				by the Director.
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 56-22 - Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors › Section 56-22-6 - Certification Requirements for Grandfathered EMT-M Instructors

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Grandfather clause. An EMT-M Instructor in good standing on the
				effective date of this rule shall be recognized as an EMT-M
				Instructor so long as he or she possesses a current and valid first
				aid instructor certificate and a current and valid CPR instructor
				certificate.
6.2. An
				EMT-M Instructor certification, grandfathered under Section 6.1.,
				shall remain valid so long as the Instructor meets the requirements
				of Section 6.1. or the EMT-M Instructor certification is revoked by
				the Director for good cause. The EMT-M Instructor shall provide
				documentation to the Director to ensure the requirements of Section
				6.1. are valid and current.
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 56-22 - Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors › Section 56-22-7 - Responsibilities and Duties of an EMT-M Instructor

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any
				person desiring to teach the initial sixty (60) hour EMT-M course,
				the thirty-two (32) hour course or the eight (8) hour recertification
				modules shall possess a valid EMT-M Instructor certification issued
				by the Director.
7.2. An
				EMT-M Instructor may bring in persons with special expertise to
				assist in teaching the course so long as they are under the direct
				supervision of an EMT-M Instructor.
7.3. The EMT-M Instructor shall
				notify the regional office in the region where the certification or
				recertification course is being given as soon as practical prior to
				starting the course. The EMT-M Instructor shall provide directions to
				the training facility, contact information, the number of applicants,
				and verification of a valid EMT-M Instructor certification as
				required in 5.2. or 6.2. of this Section. The class shall be limited
				to twenty-five (25) students unless approved by the
				Director.
7.4. The EMT-M
				Instructor shall provide a CPR certificate from a
				nationally-recognized CPR training organization to those students who
				successfully complete the CPR training.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the standards, procedural and interpretative
				guidelines under which diesel powered equipment may be used in an underground
				coal mine in the state of West Virginia.
1.2. Authority. -- W. Va. Code
				§§22A-2A-1001 and 22A-2A-308(a).
1.3. Filing Date -- April 24, 2024.
1.4. Effective Date -- April 24,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-3 - Underground Use

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Underground use of in by and out by diesel-powered equipment, including mobile
				equipment, stationary equipment and equipment of all horsepower ratings, may
				only be approved, operated and maintained as provided in this rule, except for
				emergency fire-fighting equipment to be used specifically for that
				purpose.
3.2. All diesel-powered
				equipment shall be attended while in operation with the engine running in
				underground mines. For purposes of this rule, "attended" shall mean a diesel
				equipment operator is within sight or sound of the diesel-powered
				equipment.
3.3. In by and out by
				diesel-powered equipment may be used in underground mines if the in by or out
				by diesel-powered equipment uses an engine approved or certified by MSHA, as
				applicable, for in by or out by use that, when tested at the maximum fuel-air
				ratio, does not require an MSHA Part 7 approval plate ventilation rate
				exceeding 75 c.f.m. per rated horsepower. Should MSHA promulgate new
				regulations that change the MSHA part 7 approval plate ventilation rate, the
				cfm requirement per rated horsepower will be revised either up or down on a
				direct ratio basis upon the recommendation of the director.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-4 - Diesel-Powered Equipment Package

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All diesel-powered equipment shall be
				approved by the director as a complete diesel-powered equipment package, which
				shall be subject to all of the requirements, standards and procedures set forth
				in this rule.
4.2. Diesel engines
				shall be certified or approved, as applicable, by MSHA and maintained in
				accordance with MSHA certification or approval and the director's
				approval.
4.3. All approved diesel
				powered equipment packages shall be listed on an inventory sheet submitted to
				the director with a copy maintained at the mine. The following information
				shall be provided on the inventory list:
4.3.1. Name, address and permit number of the
				mine.
4.3.2. The telephone number
				and name of the contact person responsible for maintenance and testing of the
				diesel equipment.
4.3.3. The
				following specific information for each engine:
4.3.3.a. Manufacturer, serial number and
				model of the equipment using the power-package.
4.3.3.b. Manufacturer, model number and
				serial number of the engine.
4.3.3.c. MSHA 7E approval number.
4.3.3.d. Rated HP and RPM.
4.3.3.e. DPM gr/hr rating and mg over m to
				the third power.
4.3.3.f.
				Ventilation rate.
4.3.4.
				The following specific information for each filter system:
4.3.4.a. Manufacturer and model of the filter
				system.
4.3.4.b. MSHA Efficiency
				Rating of the specific filter system(s) or an accepted third party
				rating.
4.3.4.c. System type and
				composition (i.e., Passively Regenerated Cordierite, etc.).
4.3.4.d. The manufacturer/model of
				regeneration system (if applicable).
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-6 - Ventilation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Minimum
				quantities of air where diesel-powered equipment is operated shall be
				maintained pursuant to this section.
6.2. Each specific model of diesel-powered
				equipment shall be approved by the director before it is taken underground. The
				director shall require an approval plate that must be attached to each piece of
				the diesel-powered equipment. The approval plate shall specify the minimum
				ventilating air quantity 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 in section 7 of this
				rule.
6.3. 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.
6.4. Where multiple
				units are operated, the minimum quantity shall be at least one hundred percent
				of MSHA's Part 7 approval plate quantities for each unit operating in that
				split. 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. Should MSHA promulgate new regulations that
				change the MSHA Part 7 approval plate ventilation rate, the minimum quantity
				where multiple units are operated shall be revised on a direct ratio basis upon
				recommendation of the director.
6.5. The minimum quantities of air on any
				split where any diesel-powered equipment is operated shall be in accordance
				with the minimum air quantities required in sections 6.1 and 6.2 and shall be
				specified in the mine diesel ventilation plan.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-8 - Fuel Storage Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. An
				underground diesel fuel storage facility shall be any facility designed and
				constructed to provide for the storage of any mobile diesel fuel transportation
				unit(s) or the dispensing of diesel fuel.
8.2. Diesel-powered equipment shall be used
				underground only with fuel that meets the standards of the most recently
				approved EPA guidelines for over-the-road-fuel. Additionally, the fuel shall
				also meet the ASTM D975 fuel standards with a flash point of one hundred
				degrees Fahrenheit or greater at standard temperature and pressure. The
				operator shall maintain a copy of the most recent delivery receipt from the
				supplier that will prove that the fuel used underground meets the standard
				listed above.
8.3. Underground
				diesel fuel storage facilities shall meet the following general requirements:
8.3.1. Fixed underground diesel fuel storage
				tanks are prohibited.
8.3.2. No
				more than five hundred gallons of diesel fuel shall be stored in each
				underground diesel fuel storage facility.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-9 - Transfer of Diesel Fuel

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Diesel fuel shall be transferred as provided in this section.
9.2. When diesel fuel is transferred by means
				of a pump and a hose equipped with a nozzle containing a self-closing valve, a
				powered pump may be used only if:
9.2.1. The
				hose is equipped with a nozzle containing a self-closing valve without a
				latch-open device; and
9.2.2. The
				pump is equipped with an accessible emergency shutoff switch.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-10 - Containers

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Containers
				for the transport of diesel fuel shall meet the requirements of this
				section.
10.2. Diesel fuel shall be
				transported only in containers specifically designed for the transport of
				diesel fuel.
10.3. No more than one
				safety can, conspicuously marked, shall be transported on a vehicle at any
				time.
10.4. Containers other than
				safety cans used to transport diesel fuel shall be provided with the following:
10.4.1. Devices for venting.
10.4.2. Self-closing caps.
10.4.3. Vent pipes at least as large as the
				fill or withdrawal connection, whichever is larger, but not less than one and
				one-fourth inch nominal inside diameter.
10.4.4. Liquid-tight connections for all
				container openings that are identified by conspicuous markings and closed when
				not in use.
10.4.5. Shutoff valves
				located within one inch of the tank shell on each connection through which
				liquid can normally flow.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-11 - Fire Suppression for Equipment and Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Fire suppression systems for
				diesel-powered equipment and fuel transportation units shall meet the
				requirements of this section.
11.2.
				The system must be an automatic multipurpose dry-powder type fire suppression
				system suitable for the intended application and listed or approved by a
				nationally recognized independent testing laboratory. Installation requirements
				are as follows:
11.2.1. The system shall be
				installed in accordance with the manufacturer's specifications and the
				limitations of the listing or approval.
11.2.2. The system shall be installed in a
				protected location or guarded to minimize physical damage from routine
				operations.
11.2.3. Suppressant
				agent distribution tubing or piping of the system shall be secured and
				protected against damage, including pinching, crimping, stretching, abrasion
				and corrosion.
11.2.4. Discharge
				nozzles of the system shall be positioned and aimed for maximum fire
				suppression effectiveness in the protected areas. Nozzles shall also be
				protected against the entrance of foreign materials such as mud, coal dust or
				rock dust that could prevent proper discharge of suppressant agent.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-12 - Fire Suppression for Storage Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Fire suppression systems for diesel
				fuel storage areas shall meet the requirements of this section.
12.2. The system shall be an automatic
				multipurpose dry-powder type fire suppression system or other system of equal
				capability, suitable for the intended application and listed or approved by a
				nationally recognized independent testing laboratory. The system shall meet the
				following installation requirements:
12.2.1.
				The system shall be installed in accordance with the manufacturer's
				specifications and the limitations of the listing or approval.
12.2.2. The system shall be installed in a
				protected location or guarded to minimize physical damage from routine
				operation.
12.2.3. Suppressant
				agent distribution tubing or piping of the system shall be secured and
				protected against damage, including pinching, crimping, stretching, abrasion
				and corrosion.
12.2.4. Discharge
				nozzles of the system shall be positioned and aimed for maximum fire
				suppression effectiveness in the protected areas. Nozzles must also be
				protected against the entrance of foreign materials such as mud, coal dust and
				rock dust that could prevent proper discharge of suppressant agent.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-13 - Use of Certain Starting Aids Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The use of volatile or chemical
				starting aids is prohibited.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-14 - Fueling

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Fueling of
				diesel-powered equipment shall not be conducted in the intake escapeway unless
				the mine design and entry configuration make it necessary. In those cases where
				fueling in the intake escapeway is necessary, the mine operator shall submit a
				plan for approval to the director outlining the special safety precautions that
				will be taken to insure the protection of miners. Such plan shall specify a
				location, (such as end of the tail track or adjacent to the load out point),
				where fueling will be conducted in the intake escapeway and all other safety
				precautions that will be taken, which shall include an examination of the area
				for spillage or fire by a qualified person.
14.2. Diesel fuel and other combustible
				materials shall be cleaned up and not be permitted to accumulate anywhere in an
				underground mine or on diesel-powered or electric equipment located
				therein.
14.3. At least one person
				specially trained in the cleanup and disposal of diesel fuel spills shall be on
				duty at the mine when diesel-powered equipment or mobile fuel transportation
				equipment is being used or when any fueling of diesel-powered equipment is
				being conducted.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-15 - Fire and Safety Training

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. All
				underground employees at the mine shall receive special instruction related to
				fighting fires involving diesel fuel. This training may be included in annual
				refresher training under MSHA regulations at 30 CFR Part 48 (relating to
				training and retraining of miners) or included in the fire drills required
				under MSHA regulations at 30 CFR 75.1101-23 (relating to program of
				instruction; location and use of fire fighting equipment; location of
				escapeways, exits and routes of travel; evacuation procedures; fire
				drills.)
15.2. All miners shall be
				trained in precautions for safe and healthful handling and disposal of
				diesel-powered equipment filters. All used intake air filters, exhaust diesel
				particulate matter filters and engine oil filters shall be placed in their
				original containers or other suitable enclosed containers and removed from the
				underground mine to the surface no less than once in a twenty-four (24) hour
				period. Arrangements will be made for safe handling and disposal of these
				filters within a timely manner after they have reached the surface.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-16 - Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Diesel-powered equipment shall be maintained in an approved and safe condition
				as described in this rule or shall be removed from service.
16.2. An operator choosing to use diesel
				equipment in an underground coal mine must develop a maintenance plan and
				submit his or her plan to the director for approval. Failure of the mine
				operator to comply with the maintenance requirements of this section may result
				in the revocation of the director's approval of the complete diesel-powered
				equipment package, provided appropriate notification has been given to the mine
				operator and the procedures of this section have been taken. Upon receiving
				such notice, the mine operator shall have thirty days to submit a plan to
				achieve and maintain compliance. Such plan shall be evaluated by the director,
				and, upon approval, the mine operator shall implement the plan. The director
				shall monitor the mine operators compliance. At any time the director
				determines that the mine operator is unable or unwilling to comply, the
				director shall revoke the mine operator's approval, which would in turn
				prohibit use of all diesel equipment at that mine.
16.3. To acquire and maintain approval of a
				complete diesel-powered equipment package, the mine operator shall comply with
				the following requirements:
16.3.1. All
				service, maintenance and repairs of approved complete diesel-powered equipment
				packages shall be performed by mechanics that are trained and qualified in
				accordance with section 24 of this rule.
16.3.2. Service and maintenance of approved
				complete diesel-powered equipment packages shall be performed according to:
16.3.2.a. The specified routine maintenance
				schedule;
16.3.2.b. On-board
				performance and maintenance diagnostics readings;
16.3.2.c. Emissions test results;
				and
16.3.2.d. Component
				manufacturer's recommendations.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-17 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. A record
				shall be made of all emissions tests, preoperational examinations and
				maintenance and repairs of complete diesel-powered equipment packages. The
				records made pursuant to this section shall meet the requirements of this
				section.
17.2. The person
				performing the emissions test, examination, maintenance or repair shall certify
				by date, time, engine hour reading and signature that the emissions test,
				examination, maintenance or repair was made.
17.3. Records of emissions tests and
				examinations shall include the specific results of such tests and
				examination.
17.4. Records of
				maintenance and repairs shall include the work that was performed, any fluids
				or oil added, parts replaced or adjustments made and the results of any
				subsequently required emissions testing.
17.5. Records of preoperational examinations
				shall be retained for the previous one hundred-hour maintenance
				cycle.
17.6. Records of emissions
				tests, two hundred (200) hour maintenance tests and repairs shall be
				countersigned once each week by the certified mine electrician or mine
				foreman.
17.7. All records required
				by this section shall be retained for at least one year at a surface location
				at the mine and made available for inspection by the director, district mine
				inspector and by miners and their representatives.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-18 - Duties of Operator

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Prior to using a piece of diesel-powered equipment during a shift, an equipment
				operator shall conduct an examination as follows:
18.1.1. Check the exhaust emissions control
				and conditioning system components to determine that the components are in
				place and not damaged or leaking.
18.1.2. Assure that the equipment is clean
				and free of accumulations of combustibles.
18.1.3. Assure that the machine is loaded
				safely.
18.1.4. Check for external
				physical damage.
18.1.5. Check for
				loose or missing connections.
18.1.6. Check engine oil level.
18.1.7. Check transmission oil
				level.
18.1.8. Check other fluid
				levels, if applicable.
18.1.9.
				Check for hydraulic, coolant and oil leaks.
18.1.10. Check fan, water pump and other
				belts.
18.1.11. Check the fan for
				damage.
18.1.12. Check
				guards.
18.1.13. Check the fuel
				level.
18.1.14. Check for fuel
				leaks.
18.1.15. Comply with record
				keeping requirements pursuant to section 17 of this rule.
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 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-19 - Scheduled Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. At
				intervals not exceeding two hundred (200) hours of engine operation, a
				qualified mechanic shall perform the following maintenance and make all
				necessary adjustments or repairs or remove the equipment from service:
19.1.1. Wash or steam-clean the
				equipment.
19.1.2. Check for and
				remove any accumulations of coal, coal dust or other combustible
				materials.
19.1.3. Check the
				equipment for damaged or missing components or other visible defects.
19.1.4. Conduct electrical and safety
				component inspections.
19.1.5.
				Replace engine oil and filter. An independent analysis shall be conducted of
				the engine oil.
19.1.6. Check the
				transmission oil level and add oil, if necessary.
19.1.7. Check hydraulic oil level and add
				oil, if necessary.
19.1.8. Check
				the engine coolant level and add coolant, if necessary.
19.1.9. Check all other fluid levels and add
				fluid, if necessary.
19.1.10. Check
				for oil, coolant and other fluid leaks.
19.1.11. Inspect the cooling fan, radiator
				and shroud. Remove any obstructions and make necessary repairs.
19.1.12. Check all belts. Tighten or replace,
				if necessary.
19.1.13. Check the
				battery and service as necessary.
19.1.14. Check the automatic fire suppression
				system.
19.1.15. Check the portable
				fire extinguisher.
19.1.16. Check
				the lights.
19.1.17. Check the
				warning devices.
19.1.18. With the
				engine operating, check and replace or repair the following:
19.1.18.a. Oil pressure.
19.1.18.b. Intake air restriction at full
				engine speed.
19.1.18.c. Exhaust
				gas restriction at full engine speed.
19.1.18.d. Exhaust flame arrestor.
19.1.18.e. All gauges and controls.
19.1.19. Conduct repeatable loaded
				engine-operating test in accordance with section 20 of this rule.
19.1.20. Evaluate and interpret the results
				of all of the above tests and examinations and make all necessary repairs or
				remove equipment from service.
19.1.21. Comply with recordkeeping
				requirements pursuant to section 17 of this rule.