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 36-23-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a
				  different meaning, the following definitions shall apply to these rules and
				  regu­lations.
3.1. Accident. --
				The term "Accident" shall mean any explo­sion, ignition, fire, or
				inundation, or injury to, or death of any person at the surface construction
				project.
3.2. Agent. -- The term
				"Agent" means any person charged with the responsibility for the operation of
				all or a part of a surface construction project or the supervision of the
				employees at the surface construction project.
3.3. "ANSI" -- Means the American National
				Standards Institute.
3.4. Approved.
				-- The term "Approved" shall mean in strict compliance with the min­ing
				law, or in the absence of law, accepted by a recognized standardizing body or
				organiza­tion whose approval is generally recognized as authoritative on
				the subject.
3.5. Authorized
				person. -- Means a person assigned by the employer to perform a specific type
				of duty or duties or to be at a specific location or locations at the job
				site.
3.6. Board of Appeals. -- The
				term "Board of Appeals" shall mean as provided for in W. Va. Code
				'22-5-1.
3.7. Competent person. -- Means one who is
				capable of identify­ing existing and predict­able hazards in the
				surroundings or working conditions which are unsanitary, hazardous or dangerous
				to employees, and who has authori­zation to take prompt corrective
				measures to eliminate them.
3.8.
				Construction work. -- Means the building, rebuilding, alteration, or demolition
				of any facility or addition to existing facility at a surface mine or surface
				area of an under­ground mine, including painting, decoration or
				restoration associated with such work, and the excavation of land connected
				therewith, but excluding shaft and slope sinking and work performed on the
				surface inciden­tal to shaft or slope sinking.
3.9. Defect. -- Means any characteristic or
				condition which tends to weaken or reduce the strength of a tool, object, or
				structure of which it is a part.
3.10. Department -- The term
				"Depart­ment" shall mean the Office of Miners' Health, Safety and
				Training provided for in W. Va. Code '2A-1A-3.
3.11. Designated person. -- Means
				"Au­thorized Person" as defined in paragraph 3.5 of this
				section.
3.12. Director of Office
				of Miners' Health, Safety and Training -- The term "Director of Office of
				Miners' Health, Safety and Training" shall mean the director of Office of
				Miners' Health, Safety and Training provid­ed for in W. Va. Code
				'22A-1A-3.
3.13. Employee. -- Means a person
				em­ployed by the employer at a surface construc­tion
				project.
3.14. Employer. -- Means
				an operator which employs employees at a surface con­struction
				project.
3.15. Foreman. -- The term
				"Foreman" shall mean a person whom the employer or superinten­dent shall
				place in charge of em­ployees at a construction project.
3.16. Hazardous substance. -- Means a
				substance which by reason of being explosive, flammable, poisonous, corrosive,
				oxidizing, irritating, or otherwise harmful, is likely to cause death or
				injury.
3.17. Imminent danger. --
				The term "Imminent Danger" means the existence of any condition or practice at
				a surface construction project which could reasonably be expected to cause
				death or serious physical harm before such condition or practice can be
				abated.
3.18. Mine. -- The term
				"Mine" includes the shafts, slopes, drifts or inclines connected with, or
				intended in the future to be connected with, excavations penetrating coal seams
				or strata, which excavations are ventilated by one general air current or
				divisions thereof, and connected by one general system of mine haulage over
				which coal may be delivered to one (1) or more points outside the mine, and the
				surface structures or equipment connected or associated therewith which
				contribute directly or indirectly to the mining, prepara­tion or
				handling of coal, or construction there­of.
3.19. Mine Inspector. -- The term "Mine
				Inspector" shall mean a state mine inspector provided for in Section 7 of
				Chapter 22A, Article 1A, of the Code.
3.20. Mine inspectors' examining board. --
				The term "Mine Inspectors' Examining Board" shall mean the mine inspectors'
				exam­ining board provided for in Section 1 of Chap­ter 22,
				Article 11, of the Code.
3.21.
				Operator. -- 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.
3.22. Production Operator. -- Shall mean any
				owner, lessee, or other person who oper­ates, controls, or supervises a
				coal mine.
3.23. Qualified. --
				Means one who, by possession of a recog­nized degree, certificate, or
				professional standing, or who by extensive knowledge, training, and experience,
				has successfully demonstrated his ability to solve or resolve problems relating
				to the subject matter, the work or the project.
3.24. SAE. -- Means Society of
				Automa­tive Engineers.
3.25.
				Safety factor. -- Means the ratio of the ultimate breaking strength of a member
				or piece of material or equipment to the actual working stress or safe load
				when in use.
3.26. Shall. -- Means
				mandatory.
3.27. Should. -- Means
				recommended.
3.28. Suitable. --
				Means that which fits and has the qualities or qualifications to meet a given
				purpose, occasion, condition, function, or circumstances.
3.29. Superintendent. -- The term
				"Su­perintendent" shall mean the person in charge of a surface
				construction project.
3.30.
				Supervisor. -- The term "Supervi­sor" shall mean a superintendent,
				foreman, assistant foreman, or any person specifi­cally designated by
				the employer to supervise work or employees and who is acting pursuant to such
				specific designation and instruc­tions.
3.31. Surface construction worker. -- The
				term "Surface Construction Worker" means "Employee" as defined in paragraph
				3.13. of this section.
3.32.
				Surface construction project. -- The term "Surface Construction Project" shall
				mean any construction work being performed on the surface of any underground
				coal mine or surface coal mine by an employer, but shall not include any work
				performed on the surface incidental to shaft or slope
				sinking.