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 36-22-4 - No Act Permitted Endangering Security of Mine; Search for Intoxicants, Matches, Etc

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No miner,
				workman or other person shall knowingly damage any shaft, lamp, instrument, or
				machinery. No person shall alter or obstruct any air course or ventilating
				devices unless instructed by a certified person, or enter any part of a mine
				against caution, or disobey any order of any mine foreman or assistant mine
				foreman given in carrying out any of the provisions of this section.
4.2. Open lights, smoking, and smokers'
				articles, including matches, are prohibited in all mines. No person shall at
				any time enter mines with or carry therein any matches, pipes, cigars,
				cigarettes, or any device for making lights or fire not authorized or approved.
				The operator shall at frequent intervals, search or cause to be searched, any
				person, including his clothing and material belongings, entering or about to
				enter the mine, or inside the mine, to prevent such person from taking or
				carrying therein any of the above mentioned articles or intoxicants.
Any search of a person for purposes of enforcement of this
				  paragraph, may be required of persons entering a mine or work area of a mine.
				  If any person refuses to submit to a search, that person shall not be permitted
				  to enter the mine or work area of a mine until such time as a personal search
				  is conducted. Searches of persons may be conducted in a mine or work area of a
				  mine. If any person refuses to submit to a search, that person shall be
				  required to leave such mine or work area of a mine until such time as a
				  personal search in conducted.
4.3. No person shall at any time carry into
				any mine or work area of any mine any intoxicant or enter any mine or work area
				of any mine while under the influence of intoxicants. For the purpose of
				enforcement of this paragraph the word "intoxicant" shall mean alcoholic liquor
				as defined in W. Va. Code '60-1-5, or a
				controlled substance as defined in W. Va. Code
'60A-1-101(d) not specifically prescribed by a physician who
				  is fully aware of and has taken into account the job duties the person is
				  expected to perform.
4.4.
				For purposes of enforcement of Section 4.3 of these regulations, an operator
				shall refuse entry into a mine or remove from the mine any person whom the
				operator has a reasonable cause to believe is under the influence of
				intoxicants. The operator shall immediately notify a miner's representative
				employed on such shift that such action has been taken. The names and telephone
				numbers of the miner's representatives shall be provided to the mine operator
				and posted on the mine bulletin board. Reasonable cause shall be determined by
				the existence of one or more of the following conditions:
(1) Odor of alcohol or other intoxicant about
				the individual or on his breath;
(2) Abnormally slurred speech, stammering,
				stumbling, weaving, or other loss of motor coordination;
(3) Unexplained animated signs of
				intoxication or influence drugs on the individual;
(4) Other discernable signs of intoxication
				or influence drugs on the individual.