reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-11 - Underground Mine Foreman-Fire Boss Required; Assistants; Certification; The Reopening Of Abandoned Mines And The De-Energization Of Self-Propelled Electric Coal Feeders; Performance Requirements › Section 36-11-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All terms used in these rules and regulations, not defined
				  herein, shall have the meanings set forth in Section 1, Article 1A, Chapter 22A
				  of the Code.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-11 - Underground Mine Foreman-Fire Boss Required; Assistants; Certification; The Reopening Of Abandoned Mines And The De-Energization Of Self-Propelled Electric Coal Feeders; Performance Requirements › Section 36-11-4 - When Underground Mine Foreman-Fire Boss Required; Assistants; Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
2.1.a. In every underground 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 Article 9, Chapter 22 of the West Virginia Code, as a mine
				foreman-fire boss. Each applicant for certification as a mine foreman-fire boss
				shall, at the time he is issued a certificate of competency:
(1) Be a resident or employed in a mine in
				this state;
(2) have had at least
				five (5) years' experience in the underground working, ventilation and drainage
				of a coal mine, which shall include at least eighteen (18) months' experience
				on or at a working section of a underground mine or be a graduate of the School
				of Mines at West Virginia University or of another accredited mining
				engineering school with a bachelor's degree in mining engineering technology,
				electrical, mechanical or civil engineering; and have had at least two (2)
				years practical experience in an underground mine, which shall include at least
				eighteen (18) months' experience on or at a working section of an underground
				mine; or be a graduate of an accredited college or university with an associate
				degree in mining, electrical, mining engineering technology, mechanical
				engineering or civil engineering and have at least four (4) years' practical
				experience in an underground mine, which shall include at least eighteen (18)
				months' experience on or at a working section of an underground mine; and
(3) have demonstrated his
				knowledge of dangerous mine gases and their detection, mine safety, first aid,
				safety appliances, state and federal mining laws and regulations and other
				subjects by completing such training, educations and examinations as may be
				required of him under these rules and regulations.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-11 - Underground Mine Foreman-Fire Boss Required; Assistants; Certification; The Reopening Of Abandoned Mines And The De-Energization Of Self-Propelled Electric Coal Feeders; Performance Requirements › Section 36-11-5 - Reopening Of Abandoned Mines

Current through Register Vol. XLI, No. 28, July 12, 2024
No person, shall reopen for any purpose any old or abandoned
				  mine without first giving the Director of the Department of Energy ten (10)
				  days written notice. Such notice shall state clearly the name or names of the
				  owner or owners of the mine proposed to be reopened.
Upon receipt of such notice, the Director of the Department
				  of Energy shall have his representative present at the time at the mine
				  designated in the notice for such opening, who shall have full authority
				  necessary to protect the health and safety of those persons performing such
				  work.
No old or abandoned mine shall be reopened for the purpose
				  of producing coal unless a permit approval is obtained from the Director of the
				  Department of Energy as required by Chapter 22A, Article 2, Section 63 of the
				  West Virginia Code.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-11 - Underground Mine Foreman-Fire Boss Required; Assistants; Certification; The Reopening Of Abandoned Mines And The De-Energization Of Self-Propelled Electric Coal Feeders; Performance Requirements › Section 36-11-6 - Deenergization Of Self-propelled Electric Coal Feeders; Performance Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
Three (3) months after the effective date of these rules and
				  regulations, deenergization of the tramming motors of self propelled electric
				  coal feeders shall be provided by:
6.1. Mechanical actuation of an existing push
				button emergency stopswitch;
6.2.
				Mechanical actuation of an existing lever emergency stopswitch;
6.3. The addition of a separate
				electro-mechanical switch assembly.
The existing emergency stopswitch or additional switch
				  assembly shall be actuated by a bar or lever which shall extend a sufficient
				  distance in each direction to permit quick deenergization of the tramming
				  motors of self-propelled electric coal feeders from all locations from which
				  the equipment can be operated.
Movement of not more than two (2) inches of the actuating
				  bar or lever, resulting from the application of not more than fifteen (15)
				  pounds of force upon contact with any portion of the equipment operator's body
				  at any point along the length of the actuating bar or lever, shall cause
				  deenergization of the tramming motors of the self-propelled electric coal
				  feeders.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-12 - Rules And Regulations Governing Electrical Provisions For Underground Mining › Section 36-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and regulations governing electrical provisions for underground
				mining.
1.2. Authority. -- W. Va.
				Code '22-6-4.
1.3. Filing Date. -- August 14,
				1995.
1.4. Effective Date. --
				January 15, 1996.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-12 - Rules And Regulations Governing Electrical Provisions For Underground Mining › Section 36-12-2 - Effect of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				rules and regulations shall have the effect of law and violations shall be
				deemed a violation of law and so cited with the same effect as law. All
				provisions of Article 1A, Chapter 22A of the Code relative to
				en­forcement are applicable to the enforce­ment of the rules and
				regulations.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-12 - Rules And Regulations Governing Electrical Provisions For Underground Mining › Section 36-12-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All terms in
				these rules and regula­tions, not defined herein, shall have the
				mean­ings set forth in W. Va. Code '1-1A-22A.
(a) Permanent Underground Battery Charging
				Station-The term "Permanent under­ground battery charging station" shall
				mean a battery charging station that has been located in one specific location
				for a period of time exceeding one (1) year.
(b) Ground Fault Circuit Interrupting Devices
				- A device for the protection of per­sonnel that functions to deenergize
				a circuit or portions thereof within an established period of time when a
				circuit to ground exceeds some predetermined value that is less than required
				to operate the over current protective device of the supply circuit.
(c) Wet Location (as referred to in 4.45 of
				this regulation) - Installations underground or in concrete slabs or masonry in
				direct con­tact with the earth, and locations subject to saturation with
				water or other liquids, such as vehicle washing areas, and locations exposed to
				weather and unprotected.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-13 - Rules And Regulations Governing The Authority, Accountability, And Responsibility Of Underground Mine Foremen; Responsibility Of Operator In Relation To Mine › Section 36-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and regulations governing the authority, accountability, and
				responsibility of underground mine foremen; responsibility of operator in
				relation to mine foremen; and regulatory review procedures.
1.2. Authority. -- W. Va. Code '22-6-4.
1.3. Filing Date. -- February 10,
				1984.
1.4. Effective Date. -- April
				6, 1984.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-13 - Rules And Regulations Governing The Authority, Accountability, And Responsibility Of Underground Mine Foremen; Responsibility Of Operator In Relation To Mine › Section 36-13-2 - Effect of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				rules and regulations shall have the effect of law and violations shall be
				deemed a violation of law and so cited with the same effect as law. All
				provisions of Article 1A, Chapter 22A of the Code relative to enforcement are
				applicable to the enforcement of these rules and regulations.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-13 - Rules And Regulations Governing The Authority, Accountability, And Responsibility Of Underground Mine Foremen; Responsibility Of Operator In Relation To Mine › Section 36-13-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All terms used in these rules and regulations, not defined
				  herein, shall have the meanings set forth in Section 1, Article 1A, Chapter 22A
				  of the Code.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-13 - Rules And Regulations Governing The Authority, Accountability, And Responsibility Of Underground Mine Foremen; Responsibility Of Operator In Relation To Mine › Section 36-13-4 - Authority, Accountability, and Responsibility of Underground Mine Foremen; Responsibility of Operator in Relation to Mine Foremen; and Regulatory Review Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				mine foreman shall notify, in writing, the operator or superintendent of the
				mine, and the Director of the Department of Energy, of his 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 to comply with the provisions hereof.
				Every operator of a mine shall furnish all supplies necessary for the mine
				foremen to comply with the requirements of this law after being requested to do
				so in writing by the mine foreman.
4.2. In the performance of the statutory
				duties delegated to mine foremen, or certified persons acting as such, they
				shall have no superior officers, and all employees working inside of such mine
				or mines shall be subordinate to them in their particular work.
Mine foremen and assistant mine foremen are statutory
				  officers and in the performance of there statutory duties are representatives
				  of the State. No one shall obstruct the mine foremen or assistant mine foremen
				  in the fulfillment of any of the duties assigned to him by Chapter 22A.
4.3. The Director of the
				Department of Energy shall provide each operator and the mine foreman at each
				mine site with a copy of newly promulgated regulations and changes to
				regulations, as soon as practicable but no later than fourteen (14) days after
				the date on which the regulations become effective. The Director shall also
				provide each operator and the mine foreman at each mine site with a copy of all
				relevant State court decisions, and interpretations of regulations by the
				Director, as soon as practicable but no later than thirty (30) days after the
				date such material is issued. The Director will identify those persons with
				whom the material is to be reviewed at the mine site.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-14 - Electrical Equipment In Mines; Required Examinations › Section 36-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Rule
				governing electrical equipment in mines; required examinations.
1.2. Authority. -- W. Va. Code §§
									22A-6-4
				and
				22A-6-5.
1.3. Filing Date. -- February 25,
				2021.
1.4. Effective Date. -- March
				27, 2021.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-14 - Electrical Equipment In Mines; Required Examinations › Section 36-14-2 - Effect of 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 5W. All provisions of W. Va. Code §
									22A-1-1
				et seq. relative to enforcement are applicable to the enforcement of this rule.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-14 - Electrical Equipment In Mines; Required Examinations › Section 36-14-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All terms in
				this rule, not defined herein, shall have the meanings set forth in W.
				Va.Code§22A-l-2.
3.2. Cutting
				and welding shall refer to any procedure where compressed gas cylinders or
				electrical arc welding is used to cut, weld or heat metal objects.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-14 - Electrical Equipment In Mines; Required Examinations › Section 36-14-4 - Electric Equipment in Mines

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All examinations, as required in the
				Sections below, shall be made at a point at least twelve (12) inches from the
				roof, face, ribs and floor in accordance with W. Va. Code §
									22A-2-43(b).
4.2. In all mines, electric
				haulage locomotives operated from trolley wire and all other non-permissible
				electrical equipment or devices which may ignite gas shall not be used in
				return air, unless permission is granted by Director of the Office of Miners'
				Health, Safety and Training for a specified area. Permissible electrical
				equipment may be used in return airways: Provided, that:
4.2.1. The mine operator gives notice to the
				inspector-at-large or the district mine inspector in the division in which the
				mine is located, when such work is performed in return airways at any point
				exceeding four hundred (400) feet outby the last open crosscut;
4.2.2. The work area is preshift examined in
				accordance with W. Va. Code §
										22A-2-20;
4.2.3. The mine foreman or
				assistant mine foreman examines the workingarea in the return airway in which
				miners will be working at the beginning of each shift before any equipment is
				energized;
4.2.4. The working area
				is examined at least every two (2) hours during a working shift for hazards, by
				a certified mine foreman or assistant mine foreman;
4.2.5. Methane gas examinations are made at
				frequent intervals as work progresses, but not to exceed twenty (20)
				minutes;
4.2.6. The electrical
				equipment is examined at least once each shift for permissible
				deficiencies,
4.2.7. No temporary
				splices are in the trailing cables of the equipment being used; and
4.2.8. The work area is provided with two
				portable fire extinguishers.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-14 - Electrical Equipment In Mines; Required Examinations › Section 36-14-5 - Cutting and Welding in Mines

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. When cutting and welding has been
				performed in any area of an underground coal mine, that area shall be examined
				for any hot spots immediately after the work is completed. A second examination
				for hot spots shall be conducted within two (2) hours, but no sooner than
				thirty (30) minutes after the first examination has been completed. The second
				examination shall be performed by a qualified person and recorded in a book
				provided for that purpose by a certified person.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-15 - Ventilation by Use of Mechanically Operated Fans and Intentional Changes in the Ventilation System › Section 36-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and regulations governing ventilation by use of mechanically operated
				fans.
1.2. Authority. -- W. Va.
				Code §
									22A-6-4.
1.3. Filing Date. -- December 13,
				2019.
1.4. Effective Date. -- March
				12, 2020.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-15 - Ventilation by Use of Mechanically Operated Fans and Intentional Changes in the Ventilation System › Section 36-15-2 - Effect of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				Series 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 W. Va. Code
				§
									22A-1-1
et seq
., relative to enforcement are applicable to the
				enforcement of this Series.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-15 - Ventilation by Use of Mechanically Operated Fans and Intentional Changes in the Ventilation System › Section 36-15-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Competent
				person -The term "Competent person" shall mean a person who has been adequately
				trained by an authorized representative of the Office of Miners' Health, Safety
				and Training as prescribed by the Board of Coal Mine Health and Safety and who
				possesses documentation of such training to perform daily fan inspections.
3.2. All terms used in these rules
				and regulations, not defined herein, shall have the meanings set forth in W.
				Va. Code §
									22A-1-2.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-15 - Ventilation by Use of Mechanically Operated Fans and Intentional Changes in the Ventilation System › Section 36-15-5 - Intentional Changes In the Ventilation System

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Director shall be notified prior to
				the implementation of, and a person designated by the operator shall supervise
				any intentional change in ventilation that
5.1.1. Alters the main air current or any
				split of the main air current in a manner that could materially affect the
				safety or health of persons in the mine; or
5.1.2. Affects section ventilation by 9,000
				cubic feet per minute of air or more in bituminous mines.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-16 - Blocking of Equipment Prior to Performing Work on Such Equipment › Section 36-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and regulations governing the blocking of equipment prior to performing
				work on such equipment.
1.2.
				Authority. -- W. Va. Code §
									22A-6-4.
1.3. Filing Date. -- December 13,
				2019.
1.4. Effective Date. -- March
				12, 2020.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-16 - Blocking of Equipment Prior to Performing Work on Such Equipment › Section 36-16-2 - Effect Of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				Series 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 W. Va. Code
				§
									22A-1-1
et seq
., relative to enforcement are applicable to the
				enforcement of this Series.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-16 - Blocking of Equipment Prior to Performing Work on Such Equipment › Section 36-16-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All terms used in these rules and regulations, not defined
				  herein, shall have the meanings set forth in W. Va. Code §
									22A-1-2.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-16 - Blocking of Equipment Prior to Performing Work on Such Equipment › Section 36-16-4 - Performing Work From A Raised Position: Safeguards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Men shall not work on or from a piece of
				mobile equipment in a raised position until it has been blocked in place
				securely. This does not preclude the use of equipment specifically designed as
				elevated mobile work platforms.
4.2. No work shall be performed under
				machinery or equipment that has been raised until such machinery or equipment
				has been securely blocked against movement.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-16 - Blocking of Equipment Prior to Performing Work on Such Equipment › Section 36-16-5 - Load Locking Valves

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				continuous-mining machines and loading machines shall be equipped with load-
				locking valves in the boom and head lift cylinders.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-17 - Unused and Abandoned Parts of Mine › Section 36-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and regulations governing unused and abandoned parts of mine.
1.2. Authority. -- W. Va. Code §§
									22A-6-4
				and
				22A-2-5.
1.3. Filing Date. -- December 13,
				2019.
1.4. Effective Date. -- March
				12, 2020.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-17 - Unused and Abandoned Parts of Mine › Section 36-17-2 - Effect of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				Series 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 W. Va. Code
				§
									22A-1-1
et seq
., relative to enforcement are applicable to the
				enforcement of this Series.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-17 - Unused and Abandoned Parts of Mine › Section 36-17-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All terms used in this Series, not defined herein, shall have
				  the meanings set forth in W. Va. Code §
									22A-1-2.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-17 - Unused and Abandoned Parts of Mine › Section 36-17-4 - Unused And Abandoned Parts Of Mine

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In any mine, all workings which are
				abandoned after the first day of July, one thousand nine hundred seventy-one,
				shall be sealed or ventilated.
4.1.1. If the
				workings are sealed, the sealing shall be done with incombustible material in a
				manner prescribed by the Director of the Office of Miners' Health, Safety and
				Training and one or more of the seals of every sealed area shall be fitted with
				a pipe and cap or valve to permit the sampling of gases and measuring of
				hydrostatic pressure behind the seals. For the purpose of this section, working
				within a panel shall not be considered to be abandoned until such panel is
				abandoned.
4.1.2. Air that has
				passed through an abandoned area or area which is inaccessible or unsafe for
				inspection shall not be used to ventilate any working place in any working
				mine, unless permission is granted by the Director with unanimous agreement of
				the technical and mine safety review committee. Air that has been used to
				ventilate seals shall not be used to ventilate any working place in any working
				mine. Air which has been used to ventilate an area from which the pillars have
				been removed shall not be used to ventilate any working place in a mine, except
				that the air, if it does not contain 0.25 volume percent or more of methane,
				may be used to ventilate enough advancing working places immediately adjacent
				to the line of retreat to maintain an orderly sequence of pillar recovery on a
				set of entries. Before sealed areas, temporary or permanent, are reopened, the
				Director shall be notified.
4.1.3.
				No air which has been used to ventilate an area from which the pillars have
				been removed shall be used to ventilate any working place in a mine, except
				that such air, if it does not contain 0.25 volume percent or more of methane,
				may be used to ventilate enough advancing working places immediately adjacent
				to the line of retreat to maintain an orderly sequence of pillar recovery on a
				set of entries. Before sealed areas, temporary or permanent are reopened, the
				Director shall be notified.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-18 - Responsibility For Care And Maintenance Of Equipment › Section 36-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is to provide that personnel carriers used to transport miners to a
				working section must be maintained at the working section and must have
				sufficient capacity to transport all persons out of the working section in the
				event of an emergency.
1.2.
				Authority. -- W. Va. Code §
									22-6-4.
1.3. Filing Date. -- February 20,
				2008.
1.4. Effective Date. --
				January 1, 2009.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-18 - Responsibility For Care And Maintenance Of Equipment › Section 36-18-2 - Effect of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				rules and regulations shall have the effect of law and violations shall be
				deemed a violation of law and so cited with the same effect of law. All
				provisions of 36CSR18, relative to enforcement, are applicable to the
				enforcement of these rules and regulations
2.2. These proposed regulations are intended
				to provide that personnel carriers or trip cars used to transport miners to a
				working section must be maintained at the working section and must have
				sufficient capacity to transport all miners out of the working section in the
				event of an emergency.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-18 - Responsibility For Care And Maintenance Of Equipment › Section 36-18-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Unsafe
				Equipment: The term "Unsafe Equipment" shall mean any equipment designated to
				be operated by a miner that has a defect which is covered by state law, or rule
				or regulation, and that creates a condition which involves a potential hazard
				that could reasonably be expected to cause a miner in the vicinity to be placed
				in danger of injury or death.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-18 - Responsibility For Care And Maintenance Of Equipment › Section 36-18-4 - Responsibility for Care and Maintenance of Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Mine operators shall maintain equipment
				in safe operating condition. Equipment operators shall exercise reasonable care
				in the operation of the equipment entrusted to them and shall promptly report
				defects known to them, provided, if equipment has been taken out of service, by
				being properly tagged out, the operator shall not be issued a violation under
				the provision of this section; provided however, such tag placed on such
				equipment shall indicate the date and time such equipment was removed from
				service. The person removing the equipment from service and tagging such
				equipment shall place his signature upon the tag.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-18 - Responsibility For Care And Maintenance Of Equipment › Section 36-18-5 - Pre-Operational Equipment Check

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Each working shift prior to its operation, all self-propelled section equipment
				to be operated during that shift shall be examined by the equipment operator
				for safety defects and/or unsafe conditions.
5.2. Pre-Operational equipment examination
				required under 5.1 of this rule shall include the following items at a minimum.
				In addition, a list of these items shall be maintained on such equipment.
5.2.1. Stop/Start Control
5.2.2. Panic Bar
5.2.3. Tram Controls
5.2.4. Steering
5.2.5. Service Brakes
5.2.6. Automatic Emergency Brakes
5.2.7. Lights
5.2.8. Warning Device
5.2.9. Canopies Where Required
5.2.10. ATRS System and Boom Controls on Roof
				Bolting Machines
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-18 - Responsibility For Care And Maintenance Of Equipment › Section 36-18-6 - Maintenance of Personnel Carriers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. By January 1, 2009, on working sections
				where personnel carriers are used to transport miners underground, the
				personnel carrier or combination of personnel carriers, shall be of sufficient
				capacity to accommodate the number of persons reasonably likely to be on the
				section and shall be available to transport persons to a safe area in the event
				of an emergency.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-18 - Responsibility For Care And Maintenance Of Equipment › Section 36-18-7 - Load Locking Valves

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All
				continuous-mining machines and loading machines shall be equipped with load-
				locking valves in the boom and head lift cylinders.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-19 - Rule Governing Written Reports Of Accidents › Section 36-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Rule
				governing written reports of accidents.
1.2. Authority. -- W. Va. Code
				§§22A-6-4 and
				22A-6-5.
1.3. Filing Date. - May 30, 2024.
1.4. Effective Date. - July 1,
				2024.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-19 - Rule Governing Written Reports Of Accidents › Section 36-19-2 - Effect of Regulations

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 W.
				Va. Code §22A-1-1
et
				seq
. relative to enforcement are applicable to the enforcement of this
				rule.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-19 - Rule Governing Written Reports Of Accidents › Section 36-19-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All terms used
				in this rule, not defined herein, shall have the meanings set forth in W. Va.
				Code §22A-1-2.
3.2. Accident -- The term "accident" means:
3.2.1. A death of an individual at a
				mine;
3.2.2. An injury to an
				individual at a mine which has a reasonable potential to cause death;
3.2.3. An entrapment of an
				individual;
3.2.4. An unplanned
				inundation of a mine by a liquid or gas;
3.2.5. An unplanned ignition or explosion of
				gas or dust;
3.2.6. An unplanned
				ignition or explosion of a blasting agent or an explosive;
3.2.7. An unplanned fire in or about a mine
				not extinguished within five (5) minutes of ignition;
3.2.8. An unplanned roof fall at or above the
				anchorage zone in active workings where roof bolts are in use; or an unplanned
				roof or rib fall in active workings that impairs ventilation or impedes
				passage;
3.2.9. A coal or rock
				outburst that causes withdrawal of miners or which disrupts regular mining
				activity for more than one (1) hour;
3.2.10. An unstable condition at an
				impoundment, refuse pile, or culm bank which requires emergency action in order
				to prevent failure, or which causes individuals to evacuate an area; or,
				failure of an impoundment, refuse pile, or culm bank;
3.2.11. Damage to hoisting equipment in a
				shaft or slope which endangers an individual or which interferes with use of
				the equipment for more than thirty (30) minutes;
3.2.12. An event at a mine which causes death
				or bodily injury to an individual not at the mine at the time the event
				occurs.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-19 - Rule Governing Written Reports Of Accidents › Section 36-19-4 - Notification of Accidents and Occupational Injuries

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Whenever any accident, as defined in
				Section 3.2. of this Series, or injury, as defined in Section 3.3. and Section
				3.4. of this Series, occurs in or about any coal mine to any employee or person
				connected with the mining operation, the operator, agent, mine superintendent
				or mine foreman shall, within ten (10) working days, report the same in writing
				to the Director of the Office of Miners' Health, Safety and Training and, upon
				request, to the miner representative within twenty-four (24) hours of
				submittal, giving full details thereof on forms provided by the Office of
				Miners' Health, Safety and Training. If the operator is not made immediately
				aware of the injury, the written accident/injury report shall be submitted
				within ten (10) working days of the date the operator was notified.
4.2. If an injury as defined in Section 3.3
				of this Series occurs, but the injury does not meet the accident criteria set
				forth in W. Va. Code §22A-2-66, to notify
				within 15 minutes, the Mine and Industrial Accident Emergency Operations
				Center, the operator shall contact the district inspector or the regional
				inspector at large from the regional Office of Miners' Health, Safety and
				Training for the area where the mine is located.
4.3. If an accident or injury as defined in
				Section 3.2, 3.3, and/or 3.4 occurs at any open-pit mine or facility that mines
				underground limestone and sandstone as described in W. Va. Code
				§22A-4-2, the operator of said
				mines or facilities shall contact the district inspector or the regional
				inspector at large from the regional Office of Miners' Health, Safety and
				Training for the area where the mine is located.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-19 - Rule Governing Written Reports Of Accidents › Section 36-19-5 - Difference Between Medical Treatment and First Aid

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Medical treatment includes, but is not
				limited to, the suturing of any wound, treatment of fractures, application of a
				cast or other professional means of immobilizing an injured part of the body,
				treatment of infection arising out of an injury, treatment of bruise by the
				drainage of blood, surgical removal of dead or damaged skin (debridement),
				amputation or permanent loss of use of any part of the body, treatment of
				second (2nd) and third (3rd) degree burns. Procedures which are diagnostic in
				nature are not considered by themselves to constitute medical treatments.
				Visits to a physician, physical examinations, X-ray examinations, and
				hospitalization for observations, where no evidence of injury is found and no
				medical treatment given, do not in themselves constitute medical treatment.
				Procedures which are preventative in nature also are not considered by
				themselves to constitute medical treatment. Tetanus and flu shots are
				considered preventative in nature.
5.2. First aid includes any one-time
				treatment, and follow-up visit for the purpose of observation, of minor
				injuries such as cuts, scratches, first (1st) degree burns and splinters.
				Ointments, salves, antiseptics, and dressings to minor injuries are considered
				to be first aid.
5.3. The
				guidelines contained in 30
				CFR §50.20-3 and any subsequent
				amendments to such regulation shall be used by the Office of Miners' Health,
				Safety and Training to differentiate between medical treatment and first aid
				for specific types of injuries.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-19 - Rule Governing Written Reports Of Accidents › Section 36-19-6 - Investigation of Accidents

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				After notification of an accident, the Office of Miners' Health, Safety and
				Training inspector at large will promptly decide whether to conduct an accident
				investigation and will promptly inform the operator of his/her decision. If the
				Office of Miners' Health, Safety and Training decides to investigate an
				accident, it will initiate the investigation within twenty-four (24) hours of
				notification. The investigating inspector shall make a report to the Director
				of the Office of Miners' Health, Safety and Training, setting forth the results
				of such examination, including the condition of the mine and the cause or
				causes of such accident, if known. All such reports shall be made available to
				interested parties upon written request.
6.2. The mine inspector may investigate an
				occupational injury as defined in Section 3.4. of this Series. However, the
				operator shall investigate each occupational injury that requires
				hospitalization within ten (10) days of occurrence.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-19 - Rule Governing Written Reports Of Accidents › Section 36-19-7 - Preservation of Evidence Following Accident

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Unless granted permission by the Office
				of Miners' Health, Safety and Training, no operator may alter an accident site
				or an accident related area until completion of all investigations pertaining
				to the accident except to the extent necessary to rescue or recover an
				individual, prevent or eliminate an imminent danger, or prevent destruction of
				mining equipment.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-20 - Rules And Regulations Governing Independent Contractors › Section 36-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Regulation Amends Title 36, Series 20, Section 1, by permitting and setting
				forth the requirements for Inde­pendent Contractors in the State of West
				Vir­ginia.
1.2. Authority.
				-- W. Va. Code '22-6-4.
1.3. Filing Date. -- January 9,
				1995.
1.4. Effective Date. -- July
				1, 1995.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-20 - Rules And Regulations Governing Independent Contractors › Section 36-20-2 - Effect of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
(a) These rules and regulations shall have
				the effect of law and violations shall be deemed a violation of law and so
				cited with the same effect of law. All provisions of Article 1A, Chapter 22A of
				the Code relative to en­forcement are applicable to the
				enforce­ment of these rules and regulations.
(b) These proposed regulations are intended
				to include "independent contractor" within the definition of "operator" under
				Chapter 22A of the Code, and to establish a procedure to allow the Director of
				the Office of Miners' Health, Safety and Training to enforce the State mine
				law, and rules and regulations issued thereunder, against indepen­dent
				contractors.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-20 - Rules And Regulations Governing Independent Contractors › Section 36-20-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All terms used
				in these rules and regulations, not defined herein, shall have the meanings set
				forth in Section 1, Article 1A, Chapter 22A of the Code.
(a) The term "operator" shall mean any firm,
				corporation, partnership, or individ­ual operating any coal mine or part
				thereof, or engaged in the construction of any facility associated with a coal
				mine, and shall include any independent contractor at a coal mine.
(b) The term "Independent Contrac­tor"
				shall mean any firm, corporation, partner­ship or individual that
				contracts to perform services or construction at a coal mine, exclud­ing
				mine vendors, office equipment suppliers, service or delivery
				personnel.
(c) The term "production
				operator" means any owner, lessee, or other person who operates, controls, or
				supervises a coal mine.
(d) The
				term "Director" shall mean the Director of the Office of Miners' Health, Safety
				and Training.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-20 - Rules And Regulations Governing Independent Contractors › Section 36-20-4 - Independent Contractor Register

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
(a)
				Ninety (90) days following the effective date, all independent contractors as
				defined in subsection 3.1(b) of these rules and regulations shall register with
				the Office of Miners' Health, Safety and Training and re­ceive a
				contractor identification number be­fore performing services or
				construction work at coal mines in this state.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-20 - Rules And Regulations Governing Independent Contractors › Section 36-20-5 - Service of Documents; Independent Contractors

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. 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 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-20 - Rules And Regulations Governing Independent Contractors › Section 36-20-6 - Address of Record and Telephone Number; Independent Contractors

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The address
				and telephone number required under this part shall be the indepen­dent
				contractor's official address and telephone number for purposes of Chapter
				twenty-two A (22a) of the Code and these regulations. Ser­vice of
				documents upon independent contrac­tors may be proved by a post office
				return receipt showing that the documents were delivered to the address of
				record because the independent contractor is no longer at that address and has
				established no forwarding address; because delivery was not accepted at that
				address; or because no such address exists. Independent contractors may request
				service by delivery to another appropriate address of record provided by the
				independent contrac­tor.