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 36-20 - Rules And Regulations Governing Independent Contractors › Section 36-20-7 - Enforcement of Citations and Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. These regulations shall not be
				con­strued to limit the basic compliance responsi­bilities of
				production-operators. Overall compliance responsibility of
				production-oper­ators under Chapter 22A of the Code shall include
				assuring compliance with the Code provisions and regulations which apply to the
				work being performed by independent con­tractors at the mine.
7.2. It is the general enforcement policy of
				the Office of Miners' Health, Safety and Training that the independent
				contractor will be held responsible for violation committed by the independent
				contractor or its employees where the production-operator has complied with
				Section 4 of these regulations.
7.3.
(a)
				Enforcement action against pro­duction-operators for violations which
				involve independent contractors may be taken by the Office of Miners' Health,
				Safety and Training where the production-operator has contributed to the
				existence of a viola­tion, or the produc­tion-operator's miners
				are exposed to the hazard, or the production-operator has control over the
				existence of the hazard.
(b) A
				production-operator may be properly cited for a violation of Chapter 22A of the
				regulations involving an indepen­dent contractor where:
1. The production operator has contributed by
				either an act or an omission to the occurrence of violation in the course of an
				independent contractor's work, or
2. The production-operator has contributed by
				either an act or omission to the continued existence of a violation committed
				by an independent contractor, or
3.
				The production-operator's miners are exposed to the hazard, or
4. The production-operator has control over
				the condition that needs abate­ment.
(c) In addition to the provisions of Section
				7.3(b) of these regulations, the produc­tion-operator may also be
				required to assure continued compliance with the Code and regulations
				applicable to an independent con­tractor at the mine until the
				contractor is fully able to assume compliance responsibility.
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 36-20-8 - Hazard Training

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Prior
				to the commencement of any job by an independent contractor, the
				produc­tion-operator shall provide the contractor with documentation of
				known hazard(s) in the contractor's work area on mine property. Upon receipt of
				such documentation from said operator, each independent contractor shall
				provide training of such hazards to all persons who will enter the contractor's
				work area.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-21 - The Instruction Of Employees And Supervision Of Apprentices; Annual Examination Of Persons Using Flame Safety Lamps; Records Of Examination; Maintenance Of Methane Detectors › Section 36-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and Regulations Governing the Instruction of Employees and Supervision of
				Apprentices; Annual Examination of Persons Using Flame Safety Lamps; Records of
				Examinations; Maintenance of Methane Detectors.
1.2. Authority. -- W. Va. Code §
									22-6-4.
1.3. Filing Date. -- May 4, 2010.
1.4. Effective Date. -- May 4,
				2010.
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 36-21 - The Instruction Of Employees And Supervision Of Apprentices; Annual Examination Of Persons Using Flame Safety Lamps; Records Of Examination; Maintenance Of Methane Detectors › Section 36-21-2 - Effects Of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				rules and regulations shall have the effect of law and violations shall be
				deemed a violation of law and so cited with the same effect as law. All
				provisions of Article 1A, Chapter 22A of the Code relative to enforcement are
				applicable to the enforcement of these rules and regulations.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-21 - The Instruction Of Employees And Supervision Of Apprentices; Annual Examination Of Persons Using Flame Safety Lamps; Records Of Examination; Maintenance Of Methane Detectors › Section 36-21-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All terms in these rules and regulations, not defined
				  herein, shall have the meaning 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 36-22 - Rules And Regulations Governing No Act Permitted Endangering Security Of Mine; Search For Intoxicants, Matches, Etc › Section 36-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and regulations governing no act permitted endangering security of mine;
				search for intoxicants, matches, etc.
1.2. Authority. -- W. Va. Code '22-6-4.
1.3. Filing Date. -- December 1,
				1983.
1.4. Effective Date. --
				January 15, 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 36-22 - Rules And Regulations Governing No Act Permitted Endangering Security Of Mine; Search For Intoxicants, Matches, Etc › Section 36-22-2 - Effect and Purpose 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 of these rules and regulations.
2.2. The purpose of this section is to
				prevent persons from acting in such a manner as to endanger persons working in
				or at a mine and to establish guidelines to prevent hazardous articles and
				intoxicants from being carried into and utilized by persons working in or at a
				mine.
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 36-22 - Rules And Regulations Governing No Act Permitted Endangering Security Of Mine; Search For Intoxicants, Matches, Etc › Section 36-22-3 - 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 Chapter 22A, Article 1A, Section 1 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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and regulations governing surface construction operations within coal
				mining industry within the State of West Virginia.
1.2. Authority. -- W. Va. Code '22-4-6.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-2 - 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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-4 - General Accident Prevention

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The employer shall initiate programs
				which provide for frequent and regular in­spections of surface
				construction project sites, materials, and equipment, by competent
				per­sons designated by the employer.
4.2. The use of any machine, tool,
				mate­rial or equipment which is not in compliance with any applicable
				requirement of this part is prohibited. Such machine, tool, material, or
				equipment shall either be identified as unsafe by tagging or locking the
				controls to render them inoperable or shall be physically removed from its
				place of operation.
4.3. The
				employer shall permit only qualified employees to operate equipment and
				machinery.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-5 - Housekeeping

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. During the
				course of construction, alteration or repairs, form and scrap lumber with
				protruding nails, and all other debris shall be kept cleared from work areas,
				passageways, and stairs, in and around buildings or other structures.
5.2. Combustible scrap and debris shall be
				removed at regular intervals during the course of construction. Safe means
				shall be provided to facilitate such removal.
5.3. Containers shall be provided for the
				collection and separation of waste, trash, oily and used rags, and other
				refuse. Containers used for garbage and other oily, flammable, or hazardous
				wastes, such as caustics or acids, shall be equipp­ed with covers.
				Garbage and other wastes shall be disposed of at frequent and regular
				intervals.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-6 - Pressure Vessels

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Current
				and valid certification by an insurance company or regulatory authority shall
				be deemed as acceptable evidence of safe installation, inspection, and testing
				of pressure vessels provided by the employer.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-7 - Employment of Certified Supervisor

Current through Register Vol. XLI, No. 28, July 12, 2024
The employer shall designate at least one (1) certified
				  construction supervisor for each surface construction project at each specific
				  mine where the employer employs ten (10) or more employees or at least one (1)
				  competent person is designated for each surface construc­tion project to
				  perform the duties required of the certified construction foreman at each site
				  employing less than ten (10) persons.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-8 - Construction Supervisor Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Construction supervisor certification
				shall be issued to an applicant upon verifica­tion that the applicant
				has three (3) or more years experience in surface construction work.
				Information relating to work experience shall be sworn to by the applicant and
				verified by the employer, or employers, for which the work was
				performed.
8.2. All supervisors who
				are or have been employed as such on construction work on or prior to the
				effective date of these regulations shall be granted certification upon request
				of the employer, or employers, for which the work was performed.
8.3. Any person holding construction
				supervisor certification issued by any other state may act in the capacity of a
				certified supervisor at any surface construction project in this State for a
				period not to exceed ninety (90) days.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-9 - Duties of Certified Supervisor or Competent Person

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The supervisor or competent person shall
				examine within the first four (4) hours of a working shift, the working places
				of a con­struction project for unsafe working condi­tions, and
				make sure appropriate action is taken to either correct, or prevent exposure of
				employees to, unsafe conditions.
9.2. The results of such examination shall be
				recorded in a prescribed book approved by the Director. The supervisor or
				competent person shall make sure that reasonable action is taken to abate the
				violation of any rule or regulation which comes to his attention,
				pro­vided nothing herein shall prevent an employer from contesting an
				alleged violation. The production operator will receive written
				docu­mentation of the results of the examination required in 9.1 within
				24 hours of the end of each shift. The documentation will show when the
				examination was made, conditions found and action taken. All records as
				prescribed herein shall be open for inspection by interest­ed persons
				and maintained for at least one year.
9.3. The supervisor or competent person shall
				make sure that all notices required by a rule or regulation are properly
				posted, and that a copy of the rules and regulations promulgat­ed by the
				Coal Mine Health and Safety Board are available at the project.
9.4. The supervisor or competent person shall
				make sure that new employees are warned about hazards inherent to the type of
				work they will perform, and instructed in safety procedures.
9.5. The supervisor or competent person shall
				make sure that procedures are followed that assure all first aid supplies and
				equipment are adequately maintained.
9.6. The supervisor or competent person shall
				make sure that procedures are imple­mented to keep unauthorized persons
				off the surface construction project site.
9.7. The employer may designate one (1) or
				more certified supervisors to perform any of the duties specified in this
				Section.
9.8. At each construction
				operation there shall be a bulletin board at some conspicuous place on the
				construction site, in such a man­ner that notices, orders, and decisions
				required by Chapter 22A of the West Virginia Code or Regulation to be posted on
				the bulletin board may be posed thereon, be easily visible to all persons
				desiring to read them, and be protect­ed against damage by weather and
				against unauthorized removal.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-10 - First Aid Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				First aid and medical attention. First aid services and provisions for medical
				care shall be made available by the employer for every employee covered by
				these regula­tions.
10.2.
				Medical services and first aid.
(a) The
				employer shall insure the availability of medical personnel for advice and
				consultation on matters of occupational health.
(b) Provisions shall be made prior to
				commencement of the project for prompt medical attention in case of serious
				injury.
(c) Each surface
				construction operator shall maintain at each work site a fully equipped first
				aid station.
The first aid equipment required to be maintained shall
				  include at least the follow­ing:
(1) One (1) 36 unit first aid kit
(2) One (1) broken-backboard
(3) One(1) stretcher or stretcher
				basked
(4) Two (2) cloth
				blankets
(d) All first
				aid supplies required to be maintained under this section shall be stored in
				suitable sanitary, dust-tight, mois­ture-proof containers and such
				supplies shall be accessible to the construction workers.
(e) No first-aid material shall be removed or
				diverted without authorization, except in case of accident in or about the
				mine.
(f) Proper equipment for
				prompt transportation of the injured person to a phy­sician or hospital,
				or a communication system for contacting necessary ambulance service, shall be
				provided, at all times.
(g) The
				telephone numbers of physi­cians, hospitals, or ambulances shall be
				con­spicuously posted.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-11 - Sanitation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Potable
				water.
(a) An adequate supply of potable
				water shall be provided in all place of employ­ment.
(b) Portable containers used to
				dis­pense drinking water shall be capable of being tightly closed, and
				equipped with a tap. Water shall not be dipped from containers.
(c) Any container used to distribute drinking
				water shall be clearly marked as to the nature of its contents and not used for
				any other purposes.
(d) The common
				drinking cup is prohibited.
(e)
				Where single service cups (to be used but once) are supplied, both sanitary
				container for the unused cups and a receptacle for disposing of the used cups
				shall be provid­ed.
(f)
				Nonpotable water.
(1) Outlets for nonpotable
				water, such as water for industrial or firefight­ing purposes only,
				shall be identified clearly that the water is unsafe and is not to be used for
				drinking, washing, or cooking purposes.
(g) There shall be no cross
				connec­tion, open or potential, between a system furnishing potable
				water and a system furnish­ing nonpotable water.
(h) "Potable Water" means water which meets
				the quality standards prescribed in the United States Public Health Service
				Drinking Water Standards, or water which is approved for drinking purposes by
				the State or local authority having jurisdiction.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-12 - Illumination

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General.
				Construction areas, ramps, runways, corridors, offices, shops, and storage
				areas shall be adequately illuminated.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-13 - Personal Protective and Life Saving Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The employer is responsible for
				requiring the wearing of appropriate personal protective equipment in all
				operations where there is an exposure to hazardous conditions or where this
				part indicates the need for using such equipment to reduce the hazards to the
				employees.
13.2. Design. All
				personal protective equipment shall be of safe design and con­struction
				for the work to be performed.
13.3.
				Head protection. Employees work­ing in and around surface construction
				opera­tions shall be protected by protective helmets.
13.4. Safety-toed shoes shall be worn by all
				persons in and around a surface construc­tion operations.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-14 - Eye and Face Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				General. Employees shall be pro­vided with eye and face protection
				equipment when machines or operations present potential eye or face injury from
				physical, chemical, or radiation agents.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-15 - Respiratory Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
(a) Respirators shall be provided by the
				employer when such equipment is neces­sary to protect the health of an
				employee. The employer shall provide the respirators which are applicable and
				suitable for the purpose intended. The employee shall use the provided
				respiratory protection in accordance with instruction and training
				received.
(b) Where practicable,
				the respirators should be assigned to individual workers for their exclusive
				use.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-16 - Safety Belts, Lifelines, and Lanyards

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Lifelines, safety belts, and lanyards
				shall be used only for employee safeguarding. Any lifeline, safety belt, or
				lanyard actually subjected to in-service loading, as distin­guished from
				static load testing, shall be im­mediately removed from service and
				shall not be used again for employee safeguarding.
16.2. Lifelines shall be secured above the
				point of operation to an anchorage or structur­al member capable of
				supporting a minimum dead weight of five thousand four hundred (5,400) pounds.
				Separate lifelines shall be used to protect each employee.
16.3. Lifelines used on rock-scaling
				operations, or in areas where the lifeline may be subjected to cutting or
				abrasion, shall be a minimum of seven-eights (7/8) inch wire core manila rope.
				For all other lifeline applications, a minimum of three quarter inch (3/4")
				manila or equivalent, with a minimum breaking strength of five thousand four
				hundred (5,400) pounds, shall be used.
16.4. Safety belt lanyard shall be a
				mini­mum of one half inch (1/2") nylon, or equiva­lent, with a
				maximum length for a fall of no greater than six (6) feet. The rope shall have
				a nominal breaking strength of five thousand four hundred (5,400)
				pounds.
16.5. All safety belts and
				lanyard hard­ware shall be drop forged or pressed steel, cadmium plated
				in accordance with Type 1, Class B plating specified in Federal
				specifica­tion QQ-P-416. Surface shall be smooth and free of sharp
				edges.
16.6. All safety belt and
				lanyard hard­ware, except rivets, shall be capable of
				with­standing a tensile loading of four thousand (4,000) pounds without
				cracking, breaking, or taking a permanent deformation.
16.7. Safety protection to prevent an
				employee from falling shall be provided at all times where the potential fall
				distance exceeds fifteen (15) feet, and safety belts shall not be used where
				they are impractical or would pose a safety hazard to the employee.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-17 - Safety Nets

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Safety
				nets shall be provided when work places are more than twenty-five (25) feet
				above the ground or water surface where the use of ladders, scaffolds, catch
				platforms, temporary floors, safety lines, or safety belts are
				impractical.
17.2. Where safety net
				protection is required by this part, operations shall not be undertaken until
				the net is in place and has been tested.
17.3.
(a)
				Nets shall extend eight (8) feet beyond the edge of the work surface where
				employees are exposed and shall be installed as close under the work surface as
				practical but in no case more than twenty-five (25) feet below such work
				surface. Nets shall be hung with sufficient clearance to prevent user's
				contract with the surfaces or structures below. Such clearances shall be
				determined by impact load testing.
(b) It is intended that only one (1) level of
				nets be required for bridge construc­tion.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-18 - Working Over or Near Water

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Employees working over or near water, where the danger of drowning exists,
				shall be provided with United States Coast Guard approved life jackets or
				buoyant work vests.
18.2. Prior to
				and after each use, the buoyant work vests or life preservers shall be
				inspected for defects which would alter their strength or buoyancy. Defective
				units shall not be used.
18.3. Ring
				buoys with at least ninety (90) feet of line shall be provided and readily
				available for emergency rescue operations. Distance between ring buoys shall
				not exceed two hundred (200) feet.
18.4. At least one (1) lifesaving skiff shall
				be immediately available at locations where employees are working over or
				adjacent to water.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-19 - Definitions Applicable to This Subject

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. "Lanyard" means a rope, suitable for
				supporting one (1) person. One (1) end is fastened to a safety belt or harness
				and the other end is secured to a substantial object or a safety
				line.
19.2. "Lifeline" means a
				rope, suitable for supporting one (1) person, to which a lanyard or safety belt
				(or harness) is attached.
19.3.
				"Safety Belt" means a device, usually worn around the waist, which, by reason
				of its attachment to a lanyard and lifeline or a struc­ture, will
				prevent a worker from falling.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-20 - Fire Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
				General requirements.
(a) The employer shall
				be responsible for the development of a fire protection pro­gram to be
				followed throughout all phases of the construction program and demolition work,
				and he shall provide the firefighting equip­ment to extinguish the fire
				hazard that may occur. As fire hazards occur, there shall be no delay in
				providing the necessary equipment.
(b) Access to all available firefighting
				equipment shall be maintained at all times.
(c) All firefighting equipment,
				pro­vided by the employer, shall be conspicuously located.
(d) All firefighting equipment shall be
				periodically inspected and maintained in operating condition. Defective
				equipment shall be immediately replaced.
(e) Fire drills and demonstrations of various
				types of available firefighting equip­ment shall be held for employees
				at least every six (6) months.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-21 - Portable Firefighting Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Fire extinguishers and small hose
				lines.
(a) A fire extinguisher, rated not less
				than 2A, shall be provided for each three thousand (3,000) square feet of the
				protected building area, or major fraction thereof. Travel distance from any
				point of the protect­ed area to the nearest fire extinguisher shall not
				exceed one hundred (100) feet.
(b)
				A one half (1/2) inch diameter garden-type hose line, not to exceed one hundred
				(100) feet in length and equipped with a nozzle, may be substituted for a
				2A-rated fire ex­tinguisher, providing it is capable of discharging a
				minimum of five (5) gallons per minute with a minimum hose stream range of
				thirty (30) feet horizontally. The garden-type hose lines shall be mounted on
				conventional racks or reels. The number and location of hose racks or reels
				shall be such that at least one (1) hose stream can be applied to all points in
				the area.
(c) One (1) or more fire
				extinguishers, rated not less than 2A, shall be provided on each floor. In
				multi-story buildings, at least one (1) fire extinguisher shall be located
				adja­cent to stairway.
(d) A
				fire extinguisher, rated not less than 10B, shall be provided within fifty (50)
				feet of wherever more than five (5) gallons of flammable or combustible liquids
				or five (5) pounds of flammable gas are being used on the job site. This
				requirement does not apply to the integral fuel tanks of motor
				vehicles.
(e) Carbon tetrachloride
				and other toxic vaporizing liquid fire extinguishers are prohibited.
(f) Portable fire extinguishers shall be
				inspected at least every six (6) months and maintained in accordance with
				maintenance and use of portable fire extinguishers NFPA No. 10A-1970.
(g) Fire extinguisher which have been listed
				or approved by a nationally recognized testing laboratory, shall be used to
				meet the requirements of this subpart.
(h) Table 1 shall be used as a guide for
				selecting the appropriate 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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-22 - Fire Prevention

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1.
				Ignition hazards.
(a) Electrical wiring and
				equipment for light, heat, or power purposes shall be installed in compliance
				with the National Electric Code, NFPA 70-1971; ANSI CI-1971 (Rev. of
				1968).
(b) Internal combustion
				engine pow­ered equipment shall be so located that the exhausts are well
				away from combustible materials. When the exhausts are piped to outside the
				building under construc­tion, a clearance of at least six (6) inches
				shall be maintained between such piping and combusti­ble
				material.
(c) Smoking shall be
				prohibited at or in the vicinity of operations which constitute a fire hazard,
				and shall be conspicu­ously posted: "No Smoking or Open
				Flame".
(d) The nozzle of air,
				inert gas, and steam lines or hoses, when used in the cleaning or ventilation
				of tanks and vessels that contain hazardous concentrations of flammable gases
				or vapors, shall be bonded to the tank or vessel shell. Bonding devices shall
				not be attached or detached in hazardous concentrations of flam­mable
				gases or vapors.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-23 - Flammable and Combustible Liquids

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. General requirements.
(a) Only approved containers and portable
				tanks shall be used for storage and handling of flammable and combustible
				liq­uids. Approved metal safety cans shall be used for the handling and
				use of flammable liquids in quantities greater than one (1) gallon, except that
				this shall not apply to those flammable liquid materials which are highly
				viscid, (ex­tremely hard to pour), which may be used and handled in
				original shipping containers. For quantities of one (1) gallon or less, only
				the original container or approved metal safety cans shall be used for storage,
				use, and han­dling of flammable liquids.
(b) Flammable or combustible liquids shall
				not be stored in areas used for exits, stairways, or normally used for the safe
				pas­sage of people.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-24 - Temporary Heating Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1.
(a) Ventilation.
(1) Fresh air shall be supplied in sufficient
				quantities to maintain the health and safety of workmen. Where natural means of
				fresh air supply is inadequate, mechanical ventilation shall be
				provided.
(2) When heaters are used
				in confined spaces, special care shall be taken to provide sufficient
				ventilation in order to ensure proper combustion, maintain the health and
				safety of workmen, and limit temperature rise in the area.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-25 - Accident Prevention Signs and Tags

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. General. Signs and symbols
				re­quired by this subpart shall be visible at all times when work is
				being performed, and shall be removed or covered promptly when the hazards no
				longer exist.
25.2. Danger signs.
(a) Danger signs (See Table 4) shall be used
				only where an immediate hazard exists.
(b) Danger signs shall have read as the
				predominating color for the upper panel; black outline on the borders; and a
				white lower panel for additional sign wording.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-26 - Signaling

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Flagmen.
(a)
(1)
				When operations are such that signs, signals, and barricades do not provide the
				necessary protection on or adjacent to a highway or street, flagmen or other
				appropri­ate traffic controls shall be provided.
(2) Signaling directions by flag­men
				shall conform to American National Standards Institute D6.1-1971, Manual on
				Uniform Traffic Control Devices for Streets and Highways.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-27 - General Requirements for Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. General.
(a) All materials stored in tiers shall be
				stacked, racked, blocked, interlocked or otherwise secured to prevent sliding,
				falling or collapse.
(b) Maximum
				safe load limits of floors within buildings and structures, in pounds per
				square foot, shall be conspicuously posted in all storage areas, except for the
				floor or slab on grade. Maximum safe loads shall not be exceeded.
(c) Aisles and passageways shall be kept
				clear to provide for the free and safe movement of material handling equipment
				or employees. Such areas shall be kept in good repair.
(d) When a difference in road or working
				levels exits, means such as ramps, blocking, or grading shall be used to ensure
				the safe movement of vehicles between the two (2) levels.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-28 - Rigging Equipment for Material Handling

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. General.
(a) Rigging equipment for material handling
				shall be inspected by a competent person prior to use on each shift and as
				neces­sary during its use to ensure that it is safe. Defective rigging
				equipment shall be removed from service.
(b) Rigging equipment shall not be loaded in
				excess of its recommended safe working load, as prescribed in Tables 7 through
				26 in Section 29 of these regulations.
(c) Rigging equipment, when not in use, shall
				be removed from the immediate work area so as not to present a hazard to
				employees.
(d) Special custom
				design grabs, hooks, clamps, or other lifting accessories, for such units as
				modular panels, prefabricat­ed structures and similar materials, shall
				be marked to indicate the safe working loads and shall be proof-tested prior to
				use to one hun­dred twenty-five percent (125%) of their rated
				load.
(e) Special containers shall
				be used to hoist small materials such as, bolts, rivets, tools, etc. and such
				containers shall be capable of safely supporting intended loads, such container
				shall not be over-filled to allow spillage while being
				hoist­ed.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-29 - Disposal of Waste Material

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1.
				The area where materials are dropped more than twenty (20) feet to any point
				lying outside the exterior walls of the building, shall be adequately
				restricted.
29.2. When debris is
				dropped through holes in the floor without the use of chutes, the area onto
				which the material is dropped shall be completely enclosed with barricades not
				less than forty-two (42) inches high and not less than six (6) feet back from
				the pro­jected edge of the opening above. Signs warn­ing of the
				hazard of falling materials shall be posted at each level. Removal shall not be
				permitted in this lower area until debris han­dling ceases
				above.
29.3. All scrap lumber,
				waste material, and rubbish shall be removed from the imme­diate work
				area as the work progresses.
29.4.
				Disposal of waste material or debris by burning shall comply with local fire
				regula­tions.
29.5. All
				solvent waste, oil rags, and flammable liquids shall be kept in fire resistant
				covered containers until removed from 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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-30 - Tools-Hand and Power

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1.
				General requirements.
(a) Condition of tools.
				All hand and power tools and similar equipment, whether furnished by the
				employer or by the employee, shall be maintained in a safe condition. All such
				tools shall be inspected prior to each use and any defective tools shall be
				removed from service.
(b) Guarding.
(1) When power operated tools are designed to
				accommodate guards, they shall be equipped with such guards when in
				use.
(2) Belts, gears, shafts,
				pulleys, sprockets, spindles, drums, fly wheels, chains, or other reciprocating
				or moving parts or equipment shall be guarded if such parts are exposed to
				contact by employees or otherwise create a hazard. Guarding shall meet the
				requirements as set forth in ANSI B15.1-1953 (R1958), Safety Code for
				Mechanical Power Transmission Apparatus.
(c) Personal protective equipment. Employees
				using hand and power tools and exposed to the hazard of falling, flying,
				abra­sive, and splashing objects, or exposed to harmful dusts, fumes,
				mists, vapors, or gases shall be provided with the particular personal
				protective equipment necessary to protect them from the hazard. All personal
				protective equipment shall meet the requirements and be maintained according to
				Sections 10-19 of these regulations.
(d) Switches.
All hand-held powered platen sand­ers, grinders with
				  wheels two (2) inches diam­eter or less, routers, planers, laminate
				  trim­mers, nibblers, shears, scroll saws, and jigsaws with blade shanks
				  one-fourth (1/4) of an inch wide or less may be equipped with only a positive
				  "On-Off" control.
All hand-held powered drills, tap­pers, fastener
				  drivers, horizontal, vertical, and angle grinders with wheels greater than two
				  (2) inches in diameter, disc sanders, belt sanders, reciprocat­ing saws,
				  saber saws, and other similar operating powered tools shall be equipped with a
				  momentary contact "On-Off" control and may have a lock-on control
				  pro­vided that turn off can be accomplished by a single motion of the
				  same finger or fingers that turn it on.
All hand-held powered tools, such as circular saws, chain
				  saws, and percussion tools without positive accessory holding means, shall be
				  equipped with a constant pressure switch that will shut off the power when the
				  pressure is released.
Exception: This paragraph does not apply to concrete
				  vibrators, concrete breakers, powered tampers, jackhammers, rock drills, and
				  similar hand operated power tools.
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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-31 - Gas Welding and Cutting

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. Gas
				welding and cutting.
(a) Transporting,
				moving, and storing compressed gas cylinders.
(1) Valve protection caps shall be in place
				and secured.
(2) When cylinders are
				hoisted, they shall be secured on a cradle, slingboard, or pallet. They shall
				not be hoisted or trans­ported by means of magnets or chocker
				slings.
(3) Cylinders shall be
				moved by tilting and rolling them on their bottom edges. They shall not be
				intentionally dropped, struck, or permitted to strike each other
				vio­lently.
(4) When
				cylinders are transport­ed by powered vehicles, they shall be secured in
				a vertical position.
(5) Valve
				protection caps shall not be used for lifting cylinders from one (1) vertical
				position to another. Bars shall not be used under valves or valve protection
				caps to pry cylinders loose when frozen. Warm, not boiling, water shall be used
				to thaw cylinders loose.
(6) Unless
				cylinders are firmly secured on a special carrier on vehicle intend­ed
				for this purpose, regulators shall be re­moved and valve protection caps
				put in place before cylinders are moved.
(7) A suitable cylinder truck, chain, or
				other steadying device shall be used to keep cylinders from being knocked over
				while in use.
(8) When work is
				finished, when cylinders are empty, or when cylinders are moved at any time,
				the cylinder valve shall be closed.
(9) Compressed gas cylinders shall be secured
				in an upright position at all times, except if necessary, for short periods of
				time while cylinders are actually being hoisted or carried.