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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-7 - Work Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Employees
				shall be spaced and the duties of each employee shall be organized so the
				actions of 1 employee will not create a hazard for any other
				employee.
7.2. Work areas shall be
				assigned so that trees cannot fall into an adjacent occupied work area. The
				distance between adjacent occupied work areas shall be at least 2 tree lengths
				of the trees being felled. The distance between adjacent occupied work areas
				shall reflect the degree of slope, the density of the growth, the height of the
				trees, the soil structure and other hazards reasonably anticipated at that work
				site. A distance of greater than 2 tree lengths shall be maintained between
				adjacent occupied work areas on any slope where rolling or sliding of trees is
				reasonably foreseeable.
7.3. Each
				employee performing land clearing on mine property shall work in a position or
				location that is within visual or audible contact with another
				employee.
7.4. The employer shall
				account for each employee at the end of each work shift.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-8 - Signaling and Signal Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Hand signals and audible contact, such
				as but not limited to, whistles, horns, or radios, shall be utilized whenever
				noise, distance, restricted visibility, or other factors prevent clear
				understanding of normal voice communications between employees.
8.2. Engine noise, such as from a chain saw,
				is not an acceptable means of signaling.
8.3. Only a designated person shall give
				signals, except in an emergency.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-9 - Overhead Electric Lines

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Clearing
				operations near overhead electric lines shall be done in accordance with the
				requirements of the West Virginia Surface Mine Rule 56 CSR §
				3.37.
9.2. The employer shall
				notify the power company immediately if a felled tree makes contact with any
				power line. Each employee shall remain clear of the area until the power
				company advises that there are no electrical hazards.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-10 - Flammable and Combustible Liquids

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Flammable and combustible liquids shall
				be stored, handled, transported, and used in accordance with the requirements
				the West Virginia Surface Mine Rule 56 CSR § 3.45.2 and 56 CSR §
				3.45.3.
10.2. Flammable and
				combustible liquids shall not be transported in the driver compartment or in
				any passenger-occupied area of a machine or vehicle.
10.3. Each machine, vehicle and portable
				powered tool shall be shut off during fueling. Diesel-powered machines and
				vehicles may be fueled while they are at idle, provided that continued
				operation is intended and that the employer follows safe fueling and operating
				procedures.
10.4. Flammable and
				combustible liquids, including chain-saw and diesel fuel, may be used to start
				a fire, provided the employer assures that in the particular situation its use
				does not create a hazard for an employee.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-11 - Explosives and Blasting Agents

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				If at any time explosives and blasting agents are used in clearing operations
				they shall be secured and safely stored, handled, transported, and used in
				accordance with the requirements of the West Virginia Surface Mine Rule 56 CSR
				§ 3.32.3 and Department of Environmental Protection, Office of Explosives
				and Blasting Rule 199 CSR § 1.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-12 - Hand and Portable Powered Tools General Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The employer shall assure that each
				hand and portable powered tool, including any tool provided by an employee, is
				maintained in serviceable condition. The employer shall assure that each tool,
				including any tool provided by an employee, is inspected before initial use
				during each work shift. At a minimum, the inspection shall include the
				following:
12.1.1. Handles and guards to
				assure that they are sound, tight-fitting, properly shaped, free of splinters
				and sharp edges, and in place;
12.1.2. Controls, to assure proper
				function;
12.1.3. Chain-saw chains,
				to assure proper adjustment;
12.1.4. Chain-saw mufflers, to assure that
				they are operational and in place;
12.1.5. Chain brakes and nose shielding
				devices, to assure that they are in place and function properly;
12.1.6. Heads of shock, impact-driven and
				driving tools, to assure that there is no mushrooming;
12.1.7. Cutting edges, to assure that they
				are sharp and properly shaped; and
12.1.8. All other safety devices, to assure
				that they are in place and function properly.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-13 - Chain Saws

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Each
				chain saw shall be equipped with an operable chain brake which shall meet the
				requirements of the manufacturer.
13.2. Each gasoline-powered chain saw shall
				be equipped with a continuous pressure throttle control system, which will stop
				the chain when pressure on the throttle is released.
13.3. The chain saw shall be operated and
				adjusted in accordance with the manufacturer's instructions.
13.4. The chain saw shall be fueled at least
				10 feet (3 m) from any open flame or other source of ignition.
13.5. The chain saw shall be started at least
				10 feet (3 m) from the fueling area.
13.6. The chain saw shall be started on the
				ground or where otherwise firmly supported. Drop starting a chain saw is
				prohibited.
13.7. The chain saw
				shall be started with the chain brake engaged.
13.8. The chain saw shall be held with the
				thumbs and fingers of both hands encircling the handles during operation unless
				the employer demonstrates to the director that a greater hazard is posed by
				keeping both hands on the chain saw in that particular situation.
13.9. The chain-saw operator shall be certain
				of footing before starting to cut. The chain saw shall not be used in a
				position or at a distance that could cause the operator to become off-balance,
				to have insecure footing, or to relinquish a firm grip on the saw.
13.10. Prior to felling any tree, the
				chain-saw operator shall clear away brush or other potential obstacles, which
				might interfere with cutting the tree or using the retreat path.
13.11. The chain saw shall not be used to cut
				directly overhead.
13.12. The chain
				saw shall be carried in a manner that will prevent operator contact with the
				cutting chain and muffler.
13.13.
				The chain saw shall be shut off or the throttle released before the feller
				starts his retreat.
13.14. The
				chain saw shall be shut down or the chain brake shall be engaged whenever a saw
				is carried further than 50 feet (15.2 m). The chain saw shall be shut down or
				the chain brake shall be engaged when a saw is carried less than 50 feet if
				conditions such as, but not limited to, the terrain, underbrush and slippery
				surfaces, may create a hazard for an employee.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-14 - Machines, Vehicles, and Mobile Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. General Requirements.
14.1.1. The employer shall assure that each
				machine including any machine provided by an employee is maintained in
				serviceable condition.
14.1.2. The
				employer shall assure that each machine including any machine provided by an
				employee is inspected before initial use during each work shift. Defects or
				damage shall be repaired on the unserviceable machine or shall be replaced
				before work is commenced.
14.1.3.
				The employer shall assure that operating and maintenance instructions are
				available for each machine in the area where the equipment is being operated.
				Each machine operator and maintenance employee shall comply with the operating
				and maintenance instructions.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-15 - Tree Felling

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				General requirements.
15.1.1. Trees shall not
				be felled in a manner that may create a hazard for an employee, such as but not
				limited to, striking a rope, cable, power line, or machine.
15.1.2. The immediate supervisor shall be
				consulted when unfamiliar or unusually hazardous conditions necessitate the
				supervisor's approval before cutting is commenced.
15.1.3. While manual felling is in progress,
				no machine shall be operated within 2 tree lengths of trees being manually
				felled. Exception: This provision does not apply to machines performing
				tree-pulling operations.
15.1.4. No
				employee shall approach a feller closer than 2 tree lengths of trees being
				felled until the feller has acknowledged that it is safe to do so, unless the
				employer demonstrates to the Director that a team of employees is necessary to
				manually fell a particular tree.
15.1.5. No employee shall approach a
				mechanical felling operation closer than 2 tree lengths of the trees being
				felled until the machine operator has acknowledged that it is safe to do
				so.
15.1.6. Each danger tree shall
				be felled, removed or avoided. Each danger tree, including lodged trees and
				snags, shall be felled or removed using mechanical or other techniques that
				minimize employee exposure before work is commenced in the area of the danger
				tree. If the danger tree is not felled or removed, it shall be marked and no
				work shall be conducted within 2 tree lengths of the danger tree unless the
				employer demonstrates to the Director that a shorter distance will not create a
				hazard for an employee.
15.1.7.
				Each danger tree shall be carefully checked for signs of loose bark, broken
				branches and limbs or other damage before they are felled or removed.
				Accessible loose bark and other damage that may create a hazard for an employee
				shall be removed or held in place before felling or removing the
				tree.
15.1.8. Felling on any slope
				where rolling or sliding of trees or is reasonably foreseeable shall be done
				uphill from, or on the same level as, previously felled trees.
15.1.9. Domino felling of trees is
				prohibited. (The definition of domino felling does not include the felling of a
				single danger tree by felling another single tree into it.)
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-16 - Manual Tree Felling

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Before felling is started, the feller shall plan and clear a retreat path. The
				retreat path shall extend diagonally away from the expected felling line unless
				the employer demonstrates to the Director that such a retreat path poses a
				greater hazard than an alternate path. Once the back cut has been made the
				feller shall immediately move a safe distance away from the tree on the retreat
				path. Before each tree is felled, conditions such as, but not limited to, snow
				and ice accumulation, the wind, the lean of tree, dead limbs, and the location
				of other trees, shall be evaluated by the feller and precautions taken so a
				hazard is not created for an employee.
16.2. Each tree shall be checked for
				accumulations of snow and ice. Accumulations of snow and ice that may create a
				hazard for an employee shall be removed before felling is commenced in the area
				or the area shall be avoided.
16.3.
				When a spring pole or other tree under stress is cut, no employee other than
				the feller shall be closer than 2 tree lengths when the stress is
				released.
16.4. An undercut shall
				be made in each tree being felled unless the employer demonstrates to the
				Director that felling the particular tree without an undercut will not create a
				hazard for an employee. The undercut shall be of a size so the tree will not
				split and will fall in the intended direction.
16.5. A backcut shall be made in each tree
				being felled. The backcut shall leave sufficient hinge wood to hold the tree to
				the stump during most of its fall so that the hinge is able to guide the tree's
				fall in the intended direction. The backcut shall not penetrate into the
				predetermined hinge area.
16.6. The
				backcut shall be above the level of the horizontal facecut in order to provide
				an adequate platform to prevent kickback.
16.7. Notches shall be used on all trees and
				trunks over 5 inches or (12.5cm) in diameter at breast height.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-17 - Limbing and Bucking

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Limbing and bucking on any slope where rolling or sliding of trees or is
				reasonably foreseeable shall be done on the uphill side of each tree.
17.2. Before bucking or limbing wind-thrown
				trees, precautions shall be taken to prevent the root wad, butt, or trees from
				striking an employee. These precautions include, but are not limited to,
				chocking or moving the tree to a stable position.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-18 - Chipping (in-woods locations)

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Chipper access covers or doors shall
				not be opened until the drum or disc is at a complete stop.
18.2. Infeed and discharge ports shall be
				guarded to prevent contact with the disc, knives, or blower blades.
18.3. The chipper shall be shut down, locked
				and tagged out when an employee performs any servicing or
				maintenance.
18.4. Detached trailer
				chippers shall be chocked during usage on any slope where rolling or sliding of
				the chipper is reasonably foreseeable.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-19 - Pre-shift and On-shift Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Prior to the beginning of any shift a
				designated competent person shall visit and carefully examine all work areas
				for dangerous conditions. Upon completion of the examination, the competent
				person shall record the results in a book prescribed by the Director, before
				persons enter the work area. This book shall be kept at the work area and made
				available for inspection by an authorized representative of the
				Director.
19.2. The designated
				competent person shall examine all work areas under his supervision for hazards
				at least once every 4 hours during each working shift, or more often if
				necessary for safety. The competent person shall record the results of the on
				shift examination in a book prescribed by the Director.
19.3. Should the competent person find a
				place to be in a dangerous condition, they shall not leave the place until it
				has been made safe, or shall remove the persons working therein until the place
				is made safe.
19.4. The competent
				person shall also record any dangerous conditions and practices found during
				the examination in a book provided for that purpose.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-20 - Safety Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The
				employer shall have weekly safety meetings with all employees which shall
				provide training in the working practices and conditions at the work area and
				rules applicable thereto.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-21 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The employer
				shall provide training for each employee, including supervisors, at no cost to
				the employee.
21.2. As soon as
				possible but not later than 90 days from the effective date of this rule all
				employees shall receive a minimum of 16 hours of training. This training shall
				consist of:
21.2.1. Eight hours of task
				specific safety (clear cutting).
21.2.2. Eight hours of first aid, CPR, and
				emergency procedures.
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 56-02 - Rules Governing Safety Provisions For Clearing Crews › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
First Aid Requirements
The contents of the first-aid kit listed should be adequate
				  for small work sites, consisting of approximately two to three employees. When
				  larger operations or multiple operations are being conducted at the same
				  location, additional first-aid kits should be provided at the work site or
				  additional quantities of supplies should be included in the first-aid
				  kits:
Automated external defibrillator (AED)
Gauze pads (at least 4 x 4 inches)
Two large gauze pads (at least 8 x 10 inches)
Box adhesive bandages (band-aids)
One package gauze roller bandage at least 2 inches
				  wide
Two triangular bandages
Wound cleaning agent such as sealed moistened
				  towelettes
Scissors
At least 1 blanket
Tweezers
Adhesive tape
Latex gloves
Resuscitation equipment such as resuscitation bag, airway, or
				  pocket mask
Two elastic wraps
Splint
Directions for requesting emergency
				  assistance
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule governs the safety
				of employees in and around surface mines.
1.2. Authority. -- W. Va. Code
				§§
									22A-1-38 and 22A-1-42.
1.3. Filing Date. -- April 5, 2022.
1.4. Effective Date. -- May 5,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2027.
1.6. Applicability. -- This
				rule shall extend to all surface mining operations. This rule shall not apply
				to any utility or railroad having facilities in the vicinity of surface mining
				operations unless such utility or railroad is also the operator of such surface
				mining operations.
1.7. Other law
				applicable. -- All provisions of the mining laws of this state, specifically
				chapter 22A, article 2 of the code, are applicable to surface mining, except to
				the extent that this rule covers the specific requirement, and except to the
				extent that the context of a specific provision would render its applicability
				totally inappropriate to surface mining.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-2 - Effect of Law and Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				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 chapter 22A,
				article 1 of the code relative to enforcement are applicable to the enforcement
				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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Unless the context in which a word or
				phrase appears clearly requires a different meaning, all terms used in this
				rule that are not defined herein shall have the meanings set forth in W. Va.
				Code §
									22A-1-2.
3.2. Abandoned
				underground mine workings. -- The term "abandoned underground mine workings"
				means excavation, either caved or sealed, that is deserted and in which further
				mining is not intended, or open workings which are ventilated and not inspected
				regularly.
3.3. Accident. -- The
				term "accident" means any premature ignition, fire, injury, or death other than
				natural causes of any person.
3.4.
				Active underground mine working. -- The term "active underground mine working"
				means all places in a mine that are ventilated and inspected
				regularly.
3.5. Agent. -- The term
				"agent" means any person charged with the responsibility for the operations of
				all or a part of a surface mine or the supervision of the miners on a surface
				mine.
3.6. Approved. -- The term
				"approved" means in strict compliance with mining law, or, in the absence of
				law, accepted by a recognized body or organization whose approval is generally
				recognized as authoritative on the subject.
3.7. Armored cable. -- The term "armored
				cable" means a cable provided with a wrapping of metal, usually steel wires or
				tapes, primarily for the purpose of mechanical protection.
3.8. Assistant mine foreman. -- The term
				"assistant mine foreman" means a certified person designated to assist the mine
				foreman in the supervision of a portion or the whole of a mine or of the
				persons employed therein.
3.9.
				Barricaded. -- The term "barricaded" means to obstruct passage of person,
				vehicles, or flying materials.
3.10. Berm. -- The term "berm" means a pile
				or mound of material or equivalent capable of restraining a vehicle.
3.11. Blasting agent. -- The term "blasting
				agent" means any material consisting of a mixture of a fuel and oxidizer which:
3.11.1. is used or intended for use in
				blasting;
3.11.2. is not classified
				as an explosive by the department of transportation;
3.11.3. passes all United States DOT tests
				defining blasting agent, including insensitivity to a No. 8 blasting cap in
				accordance with  49 CFR 173.114a.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-4 - Applicability and Enforcement of Laws Safeguarding Life and Property; Rules; Authority of OMHST Regarding Safety Laws

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All
				provisions of the mining laws of this state intended to safeguard life and
				property shall extend to all surface mining operations insofar as such laws are
				applicable thereto. The director of OMHST shall promulgate reasonable rules in
				accordance with the provisions of chapter 29A of the code to protect the safety
				of those employed in and around surface mines. The enforcement of all laws and
				rules relating to the safety of those employed in and around surface mines is
				hereby vested in OMHST and shall be enforced according to the provisions of
				chapter 22A of the code.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-5 - Director of OMHST - Appointment; Term of Office

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				There shall be a director of OMHST, who shall be appointed by the governor with
				the advice and consent of the senate and who shall serve subject to the
				provisions of W. Va. Code §
									22A-1-3.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-7 - Director of OMHST; Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				director shall be appointed by the governor, by and with the advice and consent
				of the senate, and shall serve at the will and pleasure of the
				governor.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-8 - Director of OMHST; Oath and Bond

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				director of OMHST shall, before entering upon the discharge of his/her duties,
				take the oath of office prescribed by section 5, article 4 of the constitution
				of West Virginia, and shall execute a bond, with surety approved by the
				governor, in the penal sum often thousand dollars ($10,000), which security to
				be approved by the governor, conditioned upon the faithful discharge of his/her
				duties, a certificate of which oath and which bond shall be filed in the office
				of the secretary of state. Premiums on the bond shall be paid from office
				funds.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-9 - Mine Inspectors May Be Appointed to Fill Vacancy in OMHST; Permanent Tenure Benefits not Affected

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Notwithstanding any other provisions of law, if a vacancy occurs in any
				appointive position within OMHST, any mine inspector having permanent tenure,
				if qualified, may be appointed to such appointive position without forfeiting
				any of the benefits which have accrued to him/her because of his/her permanent
				tenure as a mine inspector.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-15 - Posting of Notices, Orders, and Decisions; Delivery to Agent of Operator; Names and Addresses to be Filed by Operator

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. At each coal mine there shall be
				maintained an office with a conspicuous sign designating it as the office of
				the mine, and a bulletin board at such office or at some conspicuous place near
				an entrance of the mine, in such manner that notices, orders, and decisions
				required by the code or this rule to be posted on the mine bulletin board may
				be posted thereon, be easily visible to all persons desiring to read them, and
				be protected against damage by weather and against unauthorized
				removal.
15.2. A copy of any
				notice, order, or decision required by this rule to be given to an operator
				shall be delivered to the office of the affected mine, and a copy shall be
				immediately posted on the bulletin board of such mine by the operator or the
				operator's agent.
15.3. The
				director shall cause a copy of any notice, order, or decision required by this
				rule to be given to an operator to be mailed immediately to a representative of
				the miners. Such notice, order, or decision shall be available for public
				inspection.
15.4. In order to
				insure prompt compliance with any notice, order, or decision issued under this
				rule, the authorized representative of the director may deliver such notice,
				order, or decision to an agent of the operator and such agent shall immediately
				take appropriate measures to insure compliance with such notice, order, or
				decision.
15.5. Each operator of a
				coal mine shall designate a responsible official at such mine as the principal
				officer in charge of health and safety at such mine, and such official shall
				receive a copy of any notice, order, or decision issued under this rule
				affecting such mine.
15.6. Where
				the coal mine is subject to the control of any person not directly involved in
				the daily operations of the coal mine, there shall be filed with the director
				the name and address of such person and the name and address of a principal
				official of such person who shall have overall responsibility for the conduct
				of an effective health and safety program at any coal mine subject to the
				control of such person and such official shall receive a copy of any notice,
				order, or decision issued affecting any such mine. The mere designation of a
				health and safety official under this section shall not be construed as making
				such official subject to any penalty under 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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-17 - Injunctions

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The director may institute a civil
				action for relief, including a permanent or temporary injunction, restraining
				order, or any other appropriate order in the circuit court of the county in
				which the mine is located whenever the operator or the operator's agent:
17.1.1. Violates or fails or refuses to
				comply with any order or decision issued under this rule; or
17.1.2. Interferes with, hinders or delays
				the director or his or her authorized representative in carrying out the
				provisions of this rule; or
17.1.3.
				Refuses to admit such representatives to the mine; or
17.1.4. Refuses to permit the inspection of
				the mine, or the investigation of an accident or occupational disease occurring
				in, or connected with, such mine; or
17.1.5. Refuses to furnish any information or
				report requested by the director in furtherance of the provisions of this rule;
				or
17.1.6. Refuses to permit access
				to, and copying of, such records as the director determines necessary in
				carrying out the provisions 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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-18 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The penalty provisions found in W. Va.
				Code §
									22A-1-21 shall apply to 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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-19 - Discrimination

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. No person shall discharge or in any
				other way discriminate against, or cause to be discharged or caused to be
				discriminated against, any miner or any authorized representative of miners by
				reason of the fact that the person believes or knows that such miner or
				representative:
19.1.1. Has notified the
				director, or his/her authorized representative, or an operator, directly or
				indirectly, of any alleged violation or danger;
19.1.2. Has filed, instituted or caused to be
				filed or instituted any proceeding under chapter 22A of the code or this
				rule;
19.1.3. Has testified or is
				about to testify in any proceeding resulting from the administration or
				enforcement of the provisions of chapter 22A of the code or 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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-20 - Record and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. In
				addition to the records that are specifically required by this rule, every
				operator of a coal mine shall establish and maintain any records, make any
				reports, and provide any information as the director may reasonably require
				from time to time to enable him/her to perform his/her functions under this
				rule. The director is authorized to compile, analyze, and publish, either in
				summary or detailed form, any reports or information so obtained. Except to the
				extent otherwise specifically provided by this rule, all records, information,
				reports, findings, notices, orders or decisions required or issued pursuant to
				or under this rule may be published from time to time, may be released to any
				interested person, and shall be made available for public inspection.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-21 - Mine Foreman Examiner for Mine Foreman and Assistant Mine Foreman-Salary

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The director shall appoint a mine
				foreman examiner to examine and certify mine foreman and assistant mine foreman
				and mine examiners. Such mine foreman examiners shall be paid a minimum salary
				of thirty-one thousand thirty-two dollars ($31,032) per year.
21.2. The duties of the mine foreman examiner
				shall be to:
21.2.1. Prepare and conduct
				examinations of mine foreman, assistant mine foreman,
21.2.2. Prepare and certify to the director a
				register of all persons who successfully completed the examination with a
				passing grade of eighty percent (80%).
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-22 - Withdrawal of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Charge of
				breach of duty -- A mine inspector or the director may charge a mine foreman,
				assistant mine foreman, or any other certified person with neglect or failure
				to perform any duty mandated pursuant to this rule. The charge shall state:
22.1.1. The name of the person
				charged;
22.1.2. The duty or duties
				this person is alleged to have violated;
22.1.3. The approximate date and place so far
				as is known of the violation of duty;
22.1.4. The capacity of the person making the
				charge; and
22.1.5. Shall be
				verified on the basis of information and belief or personal
				knowledge.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-23 - Certification of Mine Foreman or Assistant Mine Foreman Whose License to Engage in Similar Activities Suspended in Another State

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Any person whose license, certificate
				or similar authority to perform any supervisory duties in another state has
				been suspended or revoked by that state cannot be certified in West Virginia
				under any provision of this rule or chapter 22A of the code during the period
				of such suspension or revocation in the other state.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-24 - Board of Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. There is
				hereby continued a board of appeals under W.Va. Code §
									22A-5-1, consisting
				of three (3) members.
24.1.1. Two (2) members
				of the board of appeals shall be appointed by the governor, one (1) person who
				by reason of previous training and experience may reasonably be said to
				represent the viewpoint of miners, and one (1) person who by reason of previous
				training and experience may reasonably be said to represent the viewpoint of
				the operators.
24.1.2. The third
				(3rd) person, who shall be chairman of the board and who must not have had any
				connection at any time with the coal industry or an organization representing
				miners, shall be selected by the two (2) members appointed by the
				governor.
24.1.3. The term of
				office of members of the board of appeals shall be five (5) years.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-25 - Certification of Surface Mine Foreman

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. In every
				surface mine where five (5) or more persons are employed in a period of
				twenty-four (24) hours, the operator shall employ at least one (1) person
				certified in accordance with the provisions of W. Va. Code § 22A-37-1 as a
				mine foreman.
25.1.1. Each applicant for
				certification as a mine foreman shall, at the time the applicant is issued a
				certificate of competency:
25.1.1.a. Be a
				resident or employed in a mine in this state;
25.1.1.b. Have had at least three (3) years
				experience in surface mining:
25.1.1.b.1.
				Which shall include at least eighteen (18) months experience on or at a working
				section of a surface mine; or
25.1.1.b.2. Be a graduate of the school of
				mines at West Virginia University or of another accredited mining engineering
				school; and
25.1.1.b.3. Have had at
				least two (2) years practical experience in a surface mine, which shall include
				at least eighteen (18) months experience on or at a working section of a
				surface mine; and
25.1.1.b.4. Have
				demonstrated a knowledge of mine safety, first aid, safety appliances,
				emergency procedures relative to all equipment, state and federal mining laws
				and other subjects by completing such training, education and examinations as
				may be required of the applicant under W. Va. Code §
												22A-1-37.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-27 - Mine Foreman and Assistant Mine Foreman; Daily Inspection of Working Places; Records

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Pre-shift
				examination.
27.1.1. Prior to the beginning of
				any shift the mine foreman or assistant mine foreman shall visit and carefully
				examine high walls in the working area and spoil piles for cracks, loose
				materials, overhanging ledges, and other dangerous conditions.
27.1.2. Upon completion of the examination,
				the foreman shall record the results in a book prescribed by the director, at
				the designated station at the surface mine before persons enter the working
				area of the mine.
27.1.3. The
				operator shall have weekly safety meetings with all employees which shall
				provide training in the working practices and conditions at the mine and rules
				applicable thereto.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-28 - Duty of Mine Foreman to Notify Operator When Unable to Comply with Law; Duty of Operator

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. The mine
				foreman shall notify in writing the operator or superintendent of the mine, and
				the director, of his/her inability to comply with any of the requirements of
				this law, and it shall then become the duty of such operator or superintendent
				promptly to attend to the matter complained of by the mine foreman so as to
				enable him/her to comply with the provisions hereof.
28.2. Every operator of a mine shall furnish
				all supplies necessary for the mine foreman to comply with the requirements of
				this law after being requested to do so in writing by the mine
				foreman.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-29 - Death Or Resignation Of Mine Foreman; Successor

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. In case of death or resignation of mine
				foreman, the superintendent or manager shall appoint a certified person to act
				as mine foreman.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-30 - Excavating

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. Loose material removal. -- Loose
				hazardous material shall be stripped for a safe distance (minimum of fifteen
				(15) feet), except where vegetation is required to support the slope from the
				top of pit or high walls, and the loose unconsolidated material shall be sloped
				to the angle of repose, or barriers, baffle boards, screen, or other approved
				devices that afford equivalent protection.
30.2. Benches. -- When a bench is required to
				insure safe operations, the width and height of the bench shall be governed by
				the type of equipment to be used and the operations to be performed, type of
				material and height of wall.
30.3.
				High wall and spoil bank work areas.
30.3.1.
				The high wall shall be sloped or benched when required by OMHST to preventer
				minimize the danger of slide.
30.3.1.a. All
				overhanging ledges and loose material shall be scaled from the high
				wall.
30.3.1.b. When scaling of
				high walls is necessary to correct conditions, a safe means shall be provided
				to perform such work.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-31 - Drilling

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. Inspection. -- Where required by the
				director, all drilling equipment shall be provided with restraining devices
				installed properly to prohibit the free fall of drill steels which may break or
				become dethreaded at the point of the adaptor.
31.2. Horizontal drill.
31.2.1. When horizontal drills are used, the
				operator shall not leave the controls while the drill stems are in
				operation.
31.2.2. All persons
				shall be required to keep in the clear of auger and drill stems while in
				motion. No person shall be permitted to pass under or step over a moving drill
				stem or auger.
31.2.3. Prior to
				horizontal holes being drilled in overburden, a careful inspection of the high
				wall face shall be made. All loose hazardous material shall be removed before
				other work is performed.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-32 - Explosives and Blasting

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1.
				Transportation vehicles. -- Motor vehicles used to haul explosives shall comply
				with the following provisions:
32.1.1.
				Portable fire extinguisher. -- Only fire extinguishers approved by the
				Underwriters Laboratories, carrying appropriate labels as to type and purpose,
				shall be used. A portable fire extinguisher shall be a multi-purpose dry
				chemical type, containing:
32.1.1.a. A nominal
				weight of five (5) pounds of dry powder and enough expellant to apply the
				powder; or
32.1.1.b. A
				foam-producing type containing at least two and one-half (2-1/2) gallons of
				foam-producing liquid and enough expellant to supply foam.
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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-33 - Underground Workings

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1. The
				operator shall refrain from surface mining within five hundred (500) feet of
				any active and abandoned underground mines in order to prevent breakthroughs
				and to protect health or safety of miners: Provided,
33.1.1. That the director shall permit an
				operator to mine near, through or partially through an abandoned underground
				mine or closer to an active underground mine if:
33.1.1.a. The nature, timing and sequencing
				of the approximate coincidence of specific surface mine activities with
				specific underground mine activities are coordinated jointly by the operators
				involved and approved by the director, and
33.1.1.b. Such operations will result in
				improved resource recovery, abatement of water pollution or elimination of
				hazards to the health and safety of the public: Provided, That any breakthrough
				which does occur shall be sealed.