reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-18 - Rules Governing the Program for the Sharing of Information Between Employers › Section 56-18-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Unless the
				context in which a word or phrase appears requires a different meaning, all
				terms used in this rule that are not defined herein shall have the meanings set
				forth in W. Va. Code §22A-1-2.
2.2. Code. The term "Code" shall mean the
				West Virginia Code of 1931, as amended.
2.3. Director. The term "director" shall mean
				the Director of the Office of Miners' Health, Safety and Training and shall
				include his/her authorized representatives where applicable.
2.4. Employer. The term "employer" shall mean
				all operators, independent contractors, subcontractors, or otherwise that
				employ certified persons who work in mines, or employees who as part of their
				employment are regularly present at a mine and who are employed in a
				safety-sensitive position.
2.5.
				Mine. The term "mine" shall have the meaning set forth in W. Va. Code
				§22A-1-2(a)(6)
				and shall include any underground coal mine, surface coal mine, coal
				preparation plant, coal loadout, or river coal loadout.
2.6. Certified Person. The term "certified
				person" shall have the meaning set forth in W. Va. Code §22A-1-2(d)(3).
2.7. Safety-Sensitive Position. The term
				"safety-sensitive position" shall mean an employment position where the
				employee's job responsibilities include duties and activities that involve the
				personal safety of the employee or others working at the mine.
2.8. Substance Abuse Policy and Testing
				Program. The term "substance abuse policy and testing program" shall include,
				at a minimum, a breath test for the presence of alcohol and the 10-panel urine
				test required by W. Va. Code §
									22A-1A-1(a)(1)
				and established for the purpose of detecting the illicit substances identified
				therein.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-18 - Rules Governing the Program for the Sharing of Information Between Employers › Section 56-18-3 - Responsibilities of the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The director shall compile and maintain a list of all certified persons who are
				temporarily or permanently decertified for failing a substance abuse policy and
				testing program or refusing to submit to a substance abuse policy and testing
				program.
3.2. A list of those
				persons identified in Section 3.1. of this rule shall include the certified
				person's name, certification number(s) and date of decertification and shall be
				made available on the Office of Miners' Health, Safety and Training website:
https://minesafety.wv.gov
.
3.3. Once a decertified person has his/her
				certification(s) reinstated, his/her name shall be removed from the list
				identified in Section 3.2.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-18 - Rules Governing the Program for the Sharing of Information Between Employers › Section 56-18-4 - Alternative Method for Confirming Certified Person Status

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any employer may request in writing that
				the director identify whether a specific certified person is currently on the
				list identified in Section 3.1. of this rule, or if his/her certification is in
				good standing.
4.2. Each request
				shall be limited to 1 specifically identified person and shall contain
				identifying information unique to the person including legal name, date of
				birth and the last 4 digits of his/her social security number.
4.3. Requests may be filed either in person
				at the office of the director, by facsimile, by mail, or by email.
4.4. Each request shall be on the employer's
				letterhead and signed by the employer's designated representative.
4.5. The director shall respond to each
				request, in writing, as soon as practicable, but within no later than 5
				business days of receipt of the request.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-19 - Substance Abuse Screening, Standards and Procedures › Section 56-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule applies to every employer of "certified persons," as that term is defined
				in W. Va. Code §22A-1-2(d)(3),
				and to every employer of employees who as part of their employment are
				regularly present at a mine and who are employed in a "safety-sensitive
				position," as that term is defined in W. Va. Code §22A-1A-1(e).
1.2. Authority. -- W. Va. Code
				§§22A-1A-2(b) and (c).
1.3. Filing Date. -- April 24,
				2024.
1.4. Effective Date. -- April
				24, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-19 - Substance Abuse Screening, Standards and Procedures › Section 56-19-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Purpose. --
				The purpose of this rule is to implement the mandate of W. Va. Code
				§22A-1A-1
et
				seq.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-19 - Substance Abuse Screening, Standards and Procedures › Section 56-19-4 - Certification of Employees in Safety-Sensitive Positions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No employee of an employer working in a
				safety-sensitive position may work or be employed unless he or she possesses a
				safety-sensitive certification issued by the Office of Miners' Health, Safety
				and Training. Any employee who currently possesses another mining certification
				issued by the Office of Miners' Health, Safety and Training shall not be
				required to obtain a safety-sensitive certification.
4.2. Every employer of an employee who works
				in a safety-sensitive position shall ensure that the employee has obtained the
				safety-sensitive certification issued by the Office of Miners' Health, Safety
				and Training.
4.3. A
				safety-sensitive certification shall be issued to any person who provides proof
				that he or she has received the 24-hour MSHA training when required by MSHA,
				completes an application as prescribed by the Director, and shows a valid
				driver's license, valid passport, or valid state DMV issued photo ID. Any other
				personnel employed by an operator or independent contractor whose job does not
				require a miner certification or 24-hour MSHA training shall be eligible to
				receive a safety-sensitive certification by making application, showing proof
				that he or she has successfully completed hazard training, and shows a valid
				driver's license, valid passport, or valid state DMV issued photo ID.
4.4. Safety-sensitive certifications may be
				obtained at any regional office of the Office of Miners' Health, Safety and
				Training.
4.5. The application for
				a safety-sensitive certification requires the following information:
4.5.1. Applicant's name, address, telephone
				number, social security number, date of birth, and applicant's
				signature.
4.5.2. Employer's
				company name, mine name, WV permit number, address, and telephone
				number.
4.5.3. Employment
				dates.
4.5.4. A notarized signature
				of an official of the employer.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-19 - Substance Abuse Screening, Standards and Procedures › Section 56-19-5 - Duties of Employers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Every employer shall implement a substance abuse policy and testing program
				which shall be administered to its certified and safety-sensitive
				employees.
5.2. Every employer's
				program shall at a minimum comply with all state mine laws relevant to
				substance abuse screening, standards and procedures.
5.3. Employers shall ensure that all breath
				alcohol tests and drug tests are performed by a drug testing contractor as
				defined in Section 3.10. of this rule and that the drug testing contractor is
				aware of and complies with Sections 7.1. and 7.2. of this rule.
5.4. Every employer shall have a
				pre-employment and random substance abuse policy and testing program which
				shall, at a minimum, include a 10-panel split sample urine test for the
				following substances:
5.4.1.
				Amphetamines,
5.4.2.
				Cannabinoids/THC,
5.4.3.
				Cocaine,
5.4.4. Opiates,
5.4.5. Phencyclidine (PCP),
5.4.6. Benzodiazepines,
5.4.7. Propoxyphene,
5.4.8. Methadone,
5.4.9. Barbiturates, and
5.4.10. Synthetic narcotics.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-19 - Substance Abuse Screening, Standards and Procedures › Section 56-19-6 - Responsibilities of the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Upon receipt of a notice as required by Section 5.12. of this rule and upon
				verification that the pre-employment applicant or the employee tested positive
				by urine test for at least 1 of the 10 substances identified therein or had a
				blood alcohol level at or in excess of .04 concentration at the time of
				testing, the Director shall issue an immediate temporary suspension of all
				certifications held by the person pending a hearing before the Board of Appeals
				pursuant to W. Va. Code §22A-1A-2. The
				Director shall mail, by certified mail, to the person notice of the temporary
				suspension and that he or she has the right to pursue 1 of the following
				options:
6.1.1. Appeal the suspension to the
				Board of Appeals within 30 days, or
6.1.2. Notify the Director within 30 days
				that the temporarily suspended person intends to enter into a Treatment Plan
				Agreement sanctioned by the Board of Appeals as set forth in Section 9 of this
				rule. Costs of the evaluation, treatment and drug and alcohol tests shall be
				the responsibility of the temporarily suspended person.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-19 - Substance Abuse Screening, Standards and Procedures › Section 56-19-7 - Drug Testing Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				employer shall ensure that its drug testing contractor is registered with the
				Office of Miners' Health, Safety and Training pursuant to 36 CSR. §36-20-4
				and is aware of this section of the rule and complies with the following
				standards for collection and testing of samples:
7.1.1. The drug testing contractor shall
				comply with all provisions found in 36 CSR. §20-1
et
				seq.
7.1.2. The drug
				testing contractor shall follow all standards, procedures, and protocols set
				forth by the United States Department of Transportation's rule, 49 CFR Part 40,
				for the collection of urine samples and chemical test of breath for the
				presence of alcohol.
7.1.3.
				Collected samples shall be tested by laboratories certified by the United
				States Department of Health and Human Services, Substance Abuse and Mental
				Health Services Administration (SAMHSA) for collection and testing.
7.1.4. The drug testing contractor's drug
				testing protocol shall be a 10-panel split sample urine test containing the
				substances identified in Section 5.4. of this rule.
7.1.5. The drug testing contractor shall
				provide a medical review officer who shall possess the ability and medical
				training necessary to verify positive confirmed test results and evaluate those
				results in relation to a certified person's medical history or other biomedical
				information and follow all procedures outlined in the SAMHSA medical review
				officer manual. However, for purposes of determining whether a drug test is
				positive the certified employee may not rely on a prescription dated more than
				1 year prior to the date of the drug test result.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-19 - Substance Abuse Screening, Standards and Procedures › Section 56-19-9 - Treatment Plan Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				Treatment Plan Agreement referred to in Subsection 6.1.2. of this rule shall
				contain, at a minimum, the following:
9.1.1.
				If the individual tested positive for alcohol or any substance referred to in
				Section 5.4. of this rule, that individual shall be required to undergo 6
				months of substance abuse treatment, counseling and after-care under the
				supervision of a duly licensed, mental health professional and submit to random
				drug and alcohol screenings at a minimum of 1 per month during the 6-month
				treatment period. Upon completion of the 6 months of treatment and random drug
				and alcohol screenings, the individual may petition the Board of Appeals to
				re-instate his/her certifications.
9.1.2. If the individual refused a substance
				abuse or chemical test of breath for the presence of alcohol, that individual's
				mining certification(s) shall be suspended for a minimum of 18 months. The
				individual shall be required to successfully complete at least 6 months of
				substance abuse treatment, counseling and after-care under the supervision of a
				duly licensed mental health professional and submit to random drug and alcohol
				screenings at a minimum of 1 per month during the treatment period. Upon
				completion of the 18-month suspension and completing the treatment program with
				monthly and random drug and alcohol screenings, the individual may petition the
				Board of Appeals to re-instate his/her certifications.
9.1.3. If the individual possessed or
				submitted an adulterated sample or possessed or submitted a substituted sample,
				that individual's mining certification(s) shall be suspended for a minimum of
				18 months. The individual shall be required to successfully complete at least 6
				months of substance abuse treatment, counseling and after-care under the
				supervision of a duly licensed, mental health professional and submit to random
				drug and alcohol screenings at a minimum of 1 per month during the treatment
				period. Upon completion of the 18-month suspension and completing the treatment
				program with monthly and random drug and alcohol screenings, the individual may
				petition the Board of Appeals to re-instate his/her certifications.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. - These rules govern the safety of employees in and around
				quarries.
1.2. Authority.
				- West Virginia Code § 22A-4-3.
1.3. Filing Date.-
1.4. Effective Date. -
1.5. Applicability. - These rules
				shall extend to all quarry operations. These rules shall not apply to
				any utility or railroad having facilities in the vicinity of quarry
				operations unless such utility or railroad is also the operator of
				such mining operations.
1.6. Other law applicable. - The
				provisions of West Virginia Code, 1931, as amended, §§
				22A-1-3, -4, -5, -7, -14, -15, -16, -17, -18, -19, -20, -22, -23,
				-31, -36; §§ 22A-2-70, -71, -71a, -79; § 22A-3; §
				22A-4; § 22A-5-1
et seq.;
Title 36 CSR Series
				19; Title 37 CSR Series 1; Title 56 CSR Series 1, -2, -8; and Title
				56 CSR Series 3.46 and 3.52, are applicable to quarries regulated by
				the West Virginia Office of Miners' Health, Safety and Training,
				except where the content and purpose of a specific provision would
				render its applicability inappropriate to quarries.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-2 - Effect of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
These rules 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 1, Chapter 22A of the
				  West Virginia Code are applicable to these rules
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				term "agent" means any person charged with the responsibility for the
				operations of all or a part of a quarry or the supervision of the
				miners on a quarry.
3.2.
				The term "approved" means in strict compliance with quarry law or, in
				the absence of law, accepted by a recognized body or organization
				whose approval is generally recognized as authoritative on the
				subject.
3.3. The term
				"barricade" means to obstruct passage of vehicles or equipment and
				warn or obstruct passage of persons.
3.4. The term "barrier" means
				material objects that separate, keep apart or demarcate, in a
				conspicuous manner, such as cones, stakes and warning tape, used in
				conjunction with warning signs.
3.5. The term "bench" means:
3.5.a. A ledge, which, in open-pit
				mines and quarries, forms a single level of operation above which
				mineral or waste materials are excavated from a contiguous bank or
				bench face. The mineral or waste is removed in successive layers,
				each of which is a bench, several of which may be in operation
				simultaneously in different parts, and at different elevations, in an
				open-pit mine or quarry.
3.5.b. A working level or step in a
				cut which is made in several layers.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-4 - Quarry Foreperson and Competent Person; Daily Inspection of Working Places; Records

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Pre-shift examination.
4.1.a. Within three (3) hours prior
				to the beginning of any shift the quarry foreperson or competent
				person shall visit and carefully examine all active working places of
				the quarry.
4.1.b. Upon
				completion of the examination, the foreperson or competent person
				shall record the results in a book approved by the Director of the
				West Virginia Office of Miners' Health, Safety and Training at the
				designated station at the quarry before persons enter the working
				area of the quarry. Before the beginning of any shift upon which they
				shall perform supervisory duties, the quarry foreperson or competent
				person shall review carefully and countersign all books and records
				of the prior shift reflecting the conditions under their supervision,
				exclusive of equipment logs, which the operator is required to
				keep.
4.1.c. The operator
				shall have weekly safety meetings with all employees which shall
				provide training in the working practices and conditions at the
				quarry and rules applicable thereto. A record of the topic of the
				weekly safety meetings shall be kept and signed by all people in
				attendance. This record shall be kept for one (1) year and made
				available to a representative of the Director upon request.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-5 - Duty of Quarry Foreperson to Notify Operator When Unable to Comply with Law; Duty of Operator

Current through Register Vol. XLI, No. 28, July 12, 2024
The quarry foreperson shall notify, in writing,
				  the operator or superintendent of the quarry and the Director of the
				  West Virginia Office of Miners' Health, Safety and Training of
				  his/her inability to comply with any of the requirements of this law,
				  and it shall then become the duty of such operator or superintendent
				  promptly to attend to the matter complained of by the quarry
				  foreperson so as to enable him/her to comply with the provisions
				  hereof. Every operator of a quarry shall furnish all supplies
				  necessary for the quarry foreperson to comply with the requirements
				  of this law after being requested to do so in writing by the quarry
				  foreperson
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-6 - Ground Control

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Loose material removal. Loose
				hazardous material shall be stripped for a safe distance, except
				where vegetation is required to support the slope from the top of pit
				or high walls, and the loose unconsolidated material shall be sloped
				to the angle of repose, or barriers, baffle boards, screen, or other
				approved devices that afford equivalent protection.
6.2. Benches. When a bench is
				required to insure safe operations, the width and height of the bench
				shall be governed by the type of equipment to be used and the
				operations to be performed, type of material and height of
				wall.
6.3. Highwall and
				burden bank work areas.
6.3.a. The
				highwall shall be sloped or benched to prevent or minimize the danger
				of a slide. All overhanging ledges and loose material shall be scaled
				from the highwall. When scaling of a highwall is necessary to correct
				conditions, a safe means shall be provided to perform such
				work.
6.3.b. When the
				highwall is cracked and shows evidence of movement, or of weakening,
				the area shall be made safe or abandoned and dangered off. Any
				highwall failure that affects the safe working conditions of the
				quarry shall be reported to the West Virginia Office of Miners'
				Health, Safety and Training within twenty-four (24) hours of the time
				of discovery of the failure.
6.3.c. Trees endangering workmen
				along highwalls shall be removed. Trees that cannot be safely removed
				shall be barricaded and no work shall be done in the area. Such work
				shall be completed during daylight hours.
6.3.d. Burden banks shall be placed
				an adequate distance from the pit to prevent any material from
				rolling back and endangering the works. Burden shall be kept free of
				bodies of water which would be hazardous in active work areas. Burden
				material shall be sloped to the angle of repose or other measures
				taken to prevent the material from slothing, sliding, or rolling into
				the pit.
6.3.e. Persons,
				other than those designated to correct unsafe conditions, shall not
				work near or under highwalls or banks.
6.3.f. During bench loading,
				adequate precautions shall be taken to prevent equipment from going
				over a highwall or bench.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-7 - Drilling

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Inspection. All drilling equipment shall be provided with restraining
				devices installed properly to prohibit the free fall of drill steels
				which may break or become unthreaded at the point of the
				adaptor.
7.2. Horizontal
				drill.
7.2.a. When horizontal
				drills are used, the operator shall not leave the controls while the
				drill stems are in operation.
7.2.b. All persons shall be
				required to keep in the clear of auger and drill stems while in
				motion. No person shall be permitted to pass under or step over a
				moving drill stem or auger.
7.2.c. Prior to horizontal holes
				being drilled in overburden, a careful inspection of the highwall
				face shall be made. All loose hazardous material shall be removed
				before other work is performed.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-8 - Explosives and Blasting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Transportation vehicles. Motor
				vehicles used to haul explosives shall comply with the following
				provisions:
8.1.a. Possess two (2)
				portable fire extinguishers, either a multi-purpose dry chemical
				type, containing a nominal weight of five (5) pounds of dry powder
				and enough expellant to apply the powder, or a foam-producing type
				containing at least two and one-half (2-1/2) gallons of
				foam-producing liquid and enough expellant to supply foam. Only fire
				extinguishers approved by the Underwriters Laboratories (UL),
				carrying appropriate labels as to type and purpose, shall be
				used.
8.1.b. All electric
				wiring shall be adequately protected and securely fastened. Damaged
				insulated wiring shall be repaired or replaced immediately.
8.1.c. Chassis, engine, pan and
				bottom of vehicle body shall be reasonably clean and free of oil and
				grease. Cargo bins shall be cleaned as often as necessary to prevent
				the accumulation of ammonium nitrate or emulsion on or atop the
				bins.
8.1.d. Fuel tanks
				and lines shall have no leaks.
8.1.e. Safety devices including,
				but not limited to lights, horns, brakes, windshield wipers, and
				steering apparatus shall be functioning properly.
8.1.f. When explosives are not
				transported in their original closed containers or in special closed
				cases constructed of nonconductive material, the vehicle cargo space
				shall be lined with wood or approved non-sparking material.
8.1.g. The vehicle shall be plainly
				marked to indicate the nature of the cargo.
8.1.h. The vehicle shall be
				equipped with suitable sides and tailgates. The explosives shall not
				be piled higher than the side or end.
8.1.i. Handrails or fall protection
				devices shall be provided when persons are required to work atop the
				cargo bin of the bulk explosives truck.
8.1.j. Proper maintenance and
				examinations shall be performed to prevent overheating of the
				emulsion pump and a record of the examinations shall be kept at the
				quarry for one (1) year and made available to a representative of the
				Director upon request.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-9 - Underground Workings

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Mine workings.
9.1.a. The operator shall refrain
				from quarrying within five hundred (500) feet of any active or
				abandoned underground quarry or mine in order to prevent
				breakthroughs and to protect health or safety of miners: Provided,
				That the Director shall permit an operator to quarry near, through or
				partially through an abandoned underground mine/quarry or closer to
				an active underground mine/quarry if:
9.1.a.1. The nature, timing and
				sequencing of the approximate coincidence of specific quarry
				activities with specific underground mine/quarry activities are
				coordinated jointly by the operators involved and approved by the
				Director of the West Virginia Office of Miners' Health, Safety and
				Training, and
9.1.a.2.
				Such operations will result in improved resource recovery, abatement
				of water pollution or elimination of hazards to the health and safety
				of the public: Provided, That any breakthrough of an underground
				quarry or mine which does occur shall be sealed.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-11 - Haulage

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Roads. - Traffic directions and warning signs.
11.1.a. Traffic directions which
				differ from standard highway practice shall be posted on signs along
				the haulage roads at strategic points in letters at least three (3)
				inches high.
11.1.b.
				Well-marked signs conspicuously placed shall be properly located to
				alert drivers to existing danger areas, such as the approach to a
				dangerous curve or extreme grade.
11.1.c. Traffic rules, signals, and
				warning signs shall be standardized at each quarry.
11.1.d. Where side or overhead
				clearances on haulage roads or loading or dumping locations are
				hazardous to quarry workers, such areas shall be conspicuously marked
				and warning devices shall be installed when necessary to insure the
				safety of the workers.
11.1.e. Flashers, flares or other
				means of signaling shall be used to warn approaching drivers of a
				hazard created by an obstruction in the roadway.
11.1.f. Regulatory signs shall be
				used to indicate required method of traffic movement. (Example:
				"Stop", "Yield", "One Way".)
11.1.g. Posted warning signs shall
				be used where necessary to indicate potential hazardous conditions.
				(Example: "Hill", "Curve", "Truck Crossing".)
11.1.h. Object marking shall be
				used to mark physical obstruction in or near the haulage way that
				presents possible hazards. (Example: Reflectors and high visibility
				paint.)
11.1.i. All signs
				and marking shall be displayed and utilized so as to be effective as
				possible.
11.1.j. 
				Object marking shall be used to mark physical obstruction in or near
				the haulage way that presents possible hazards. (Example: Reflectors
				and high visibility paint.)
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-12 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Horseplay. Horseplay,
				practical jokes, wrestling, fighting or other actions which threaten
				persons with personal injury, causing them to fear for their personal
				safety or causing damage resulting in interference with safe
				operations, shall be prohibited.
12.2. Alcohol and drugs. Persons
				under the influence of alcohol or drugs shall not be permitted on a
				quarry or attendant facility. An authorized representative of the
				Director may cause any miner to be withdrawn from the quarry and
				request the quarry operator to search and/or test the miner for
				alcohol, drugs or drug paraphernalia.
12.3. Housekeeping. Paths,
				walkways, stairways, and roadways shall be kept free of obstructions.
				Structures and inside work areas shall be kept free of oil, spillage,
				litter, and dust accumulations.
12.4. Smoking. Smoking or open
				flames shall not be permitted in the following areas:
12.4.a. Within fifty (50) feet of
				the are a where explosives are being stored, handled, or used;
12.4.b. Within one
				hundred fifty (150) feet of flammable liquid storage areas;
12.4.c. Within one hundred fifty
				(150) feet of liquefied and non-liquefied gas storage areas;
12.4.d. Within one
				hundred fifty (150) feet of the proximity of auger holes;
				and
12.4.e. Within one
				hundred fifty (150) feet of highwall miner
				openings.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-13 - Electricity

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Performance of electrical work.
13.1.a. No electrical work shall be
				performed on low-, medium-, or high-voltage distribution circuits or
				equipment, except by a qualified electrician or by a person trained
				to perform electrical work and to maintain electrical equipment under
				the direct supervision of a qualified electrician. Disconnecting
				devices shall be locked out and suitably tagged by the person(s) who
				performs such work, except that in cases where locking out is not
				possible, such devices shall be open and suitably tagged by such
				person(s). They shall be removed only by the person(s) who installed
				them or if such person(s) is unavailable, by a qualified person
				authorized by the operator or his/her agent. Suitably tagged, as used
				in these sections, means that a sign such as, "Danger, Hands Off, Do
				Not Close, Men Working On Line", shall be attached to the locked
				switches. The signs or tags shall bear the name and date of the
				person(s) who installed the tag. Keys used to lock out switches shall
				be kept only on the person(s) who is performing the work on the
				equipment. Such locks shall be provided by the operator.
13.1.b. All power circuits and
				electrical equipment shall be de-energized before work is performed
				on such circuits and equipment, except when necessary for
				troubleshooting or testing.
13.1.c. All wiring and equipment
				installed shall meet the requirements of the National Electric Code
				(NEC) at the time installed. After the effective date of this rule,
				documentation is to be maintained to establish dates of new
				installations.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-14 - Compressed Gases and Welding

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Handling and use of welding
				or cutting equipment generally.
14.1.a. The clothing of any person
				using any welding or cutting equipment in or about a quarry shall be
				reasonably free of petroleum products. When handling oxygen cylinders
				or apparatus, the use of oily hands or gloves is
				prohibited.
14.1.b.
				Compressed gases shall not be used under direct pressure from tanks
				or cylinders but must be used under reduced pressures not exceeding
				that recommended by the manufacturers.
14.1.c. At no time shall compressed
				air be directed toward a person when in use.
14.1.d. A suitable wrench designed
				for compressed tanks shall be in the possession of the person
				authorized to use the equipment.
14.1.e. Oxygen and gas cylinders
				and their contents shall be used solely for their intended
				purposes.
14.1.f. Only an
				approved type spark-lighter shall be used for lighting
				torches.
14.1.g. All
				welding and cutting equipment shall be continuously maintained in a
				safe condition.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-15 - Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Mobile equipment.
15.1.a.
				Immediately prior to the beginning of each working shift, all
				equipment except licensed vehicles subject to state highway
				inspection requirements shall be examined by the equipment operator
				or a mechanic if designated by the foreperson in charge of the
				operation daily for safety defects. The person performing such
				examination shall record his/her findings in ink or indelible pencil
				on a form approved by the Director; such form shall be given to the
				foreperson or his/her assistant within four (4) hours after the
				beginning of the start of the working shift. The person performing
				the above examination shall sign the report form and the foreperson
				receiving such form shall initial upon receipt. A record of all above
				such examinations shall be maintained for thirty (30) days and made
				available to an authorized representative of the Director and to the
				miners at the quarry.
15.1.b. Immediately prior to the
				beginning of each working shift, equipment operated by independent
				contractors in a quarry shall be examined by the equipment operator
				for safety defects, other than light duty vehicles subject to state
				inspection. The person performing such examination shall record
				his/her findings in ink or indelible pencil on a form approved by the
				Director; such form shall be signed by the person performing the
				examination and such form shall remain with the vehicle for thirty
				(30) days and upon request be made available to an authorized
				representative of the Director.
15.1.c. Imminent danger equipment
				defects shall be reported immediately to the foreperson and tagged
				out and corrected before the equipment is put into operation. The
				foreperson shall record the defect in the pre-shift book.
15.1.d. All mobile equipment shall
				be operated and maintained according to the manufacturer's
				instructions.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-16 - Installations

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Installations generally.
16.1.a.
				All quarry structures, enclosures, and other facilities shall be
				maintained in good condition.
16.1.b. In unusually dusty
				locations, electric motors, switches and controls shall be of
				dust-tight construction or enclosed with reasonable dust-tight
				housings or enclosures.
16.1.c. Openings in installations
				through which persons or material may fall shall be protected by
				railings, barriers, covers or other protective devices.
16.1.d. Illumination sufficient to
				provide safe working conditions shall be provided in and on all
				structures, paths, walkways, switch panels, loading and dumping
				sites, working areas and parking areas.
16.1.e. Materials shall be stored
				and/or stacked in a manner to prevent stumbling or falling.
16.1.f. Good housekeeping shall be
				practiced in and around all plants. Such practices include
				cleanliness, orderly storage of materials, and the removal of
				possible sources of injury, such as stumbling hazards, protruding
				nails and broken glass.
16.1.g. Adequate ventilation shall
				be provided.
16.1.h. A
				person entering a bin, tank or other dangerous area shall wear a full
				body harness that is tethered to a lifeline. A person shall
				continuously tend the lifeline from outside the bin, tank or other
				dangerous area.
16.1.i.
				When entering such areas, a competent person will determine if the
				need for atmospheric monitoring is necessary.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-17 - Facilities Using Coal Storage Bins; Recovery Tunnels; Coal Storage Piles

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Coal storage bins hereafter
				constructed with vertical sides fifty (50) feet or over in height
				shall be provided with ventilators or louvers or both to provide
				adequate ventilation. Where roofs are constructed over coal storage
				bins, adequate ventilation shall be provided by stacks, ventilators,
				louvers or mechanical means.
17.2. Where cutting or welding is
				performed at any location where coal is stored, means of prompt
				extinguishment of any fire accidentally started shall be provided,
				and the area where cutting or welding is performed shall be
				adequately watered down and/or rock dusted.
17.3. Extreme caution shall be
				exercised by all employees required to work at or near coal storage
				piles during coal recovery operations to avoid injury by coal slides
				or by being in or drawn into a chute.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-18 - Fire Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Fire extinguishers.
18.1.a. A portable fire
				extinguisher containing a nominal weight of at least five (5) pounds
				shall be kept on each piece of mobile equipment. This requirement is
				also applicable to mobile equipment equipped with fire suppression
				systems.
18.1.b. All
				portable fire extinguishers on equipment shall be properly
				secured.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-19 - Protective Equipment and Clothing

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Eye and face protection.
19.1.a. Welders and helpers shall
				use adequate shields or goggles to protect their eyes and
				face.
19.1.b. All
				employees shall have approved goggles, shields or safety glasses and
				use the same where there is a hazard from flying particles or other
				eye and face hazards.
19.1.c. All eye and face protection
				in this section shall meet the standards of the American Standards
				Institute (ANSI) Z87.1-1968.
19.1.d. Suitable eye protection and
				cleaning materials shall be made available at each site.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-20 - First Aid Requirements - Quarries

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. First aid stations and
				equipment.
20.1.a. Each operator of
				a quarry shall maintain a supply of first aid equipment which shall
				be available to workers at all times. First aid equipment shall be
				stored at a central location convenient for quick response to
				emergencies. Advanced first aid-training will consist of hands-on
				training and demonstration in the use, care, and maintenance of the
				first aid equipment stored at the quarry.
20.1.b. First aid equipment shall
				contain the following:
20.1.b.1. One
				(1) stretcher;
20.1.b.2.
				One (1) broken-back board, or approved combination
				stretcher;
20.1.b.3.
				Twenty-four (24) triangular bandages;
20.1.b.4. Eight (8) four-inch (4")
				bandage compresses;
20.1.b.5. Sixteen (16) two-inch
				(2") bandage compresses;
20.1.b.6. Twelve (12) one-inch (1")
				adhesive compresses;
20.1.b.7. Two (2) approved
				blankets;
20.1.b.8.
				Sterile sheets, disposable for burns;
20.1.b.9. Two (2) tourniquets;
20.1.b.10. Two (2)
				inflatable plastic leg splints;
20.1.b.11. Two (2) inflatable
				plastic arm splints;
20.1.b.12. Two (2) cold
				packs;
20.1.b.13. One (1)
				sterile water (1,000 ml);
20.1.b.14. Automatic External
				Defibrillator (AED);
20.1.b.15. Two (2) mask/face
				shields or masks and goggles combination meeting blood borne pathogen
				requirements;
20.1.b.16.
				Six (6) pairs of examination gloves;
20.1.b.17. Two (2) barrier devices
				with one-way valve for performing artificial ventilation and/or
				cardiopulmonary resuscitation (AV/CPR);
20.1.b.18. One (1) first aid book
				or manual that reflects the current recommended policies and
				procedures for dealing with emergencies which require first
				aid.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-20 - Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia › Section 56-20-21 - First Aid Training

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. At least seventy-five percent
				(75%) of employees per shift shall receive advanced first aid
				training. This training will be administered by an organization or
				individual recognized by the Director. This training shall include,
				but not be limited to: patient assessment, artificial respiration,
				CPR, control bleeding, and treat shock, wounds, burns and
				musculo-skeletal injuries. Existing employees will be trained within
				one (1) year of the effective date of this rule and retrained as
				required by the organization or individual that is conducting the
				training. The employee shall be paid regular wages, or overtime pay
				if applicable, for all periods of first aid training.
21.2. If a licensed Emergency
				Medical Technician (EMT) or equivalent (such as a paramedic or
				physician's assistant) is employed, then the EMT shall be recognized
				as meeting the requirements of subsection 21.1 and no other employee
				on that shift will be required to receive advanced first aid
				training. If more than seventy (70) employees are employed per shift,
				then the requirements of subsection 20.1 will be enforced unless an
				additional EMT is added. When the EMT option is utilized by the
				operator, EMT qualifications and supplies will be accepted as
				currently recommended by the Regional Education Service Agencies
				(RESA).