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 36-23 - Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV › Section 36-23-33 - Ladders and Scaffolding

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1.
				Ladders.
(a) General requirements.
(1) Except where either perma­nent or
				temporary stairways or suitable ramps or runways are provided, ladders
				described in this subpart shall be used to give safe access to all elevations.
				All ladders shall be inspected by a competent person before each use. Ladders
				with defects shall be removed from service.
(2) The use of ladders with broken or missing
				rungs or steps, broken or split side rails, or other faulty or defective
				construction is prohibited.
When ladders with such defects are discovered, they shall be
				  immediately withdrawn from service. Inspection of metal ladders shall include
				  checking for corrosion of interiors or open end hollow rungs.
(3) Manufactured portable wood ladders
				provided by the employer shall be in accordance with the provisions of the ANSI
				A14.1-1968, Safety Code for portable wood ladders.
(4) Portable metal ladders shall be of
				strength equivalent to that of wood ladders. Manufactured portable metal
				ladders provided by the employer shall be in accor­dance with the
				provisions of the ANSI, A14.2-1956, Safety Code for portable metal
				ladders.
(5) Fixed ladders shall be
				in accordance with the provisions of the Ameri­can National Standards
				Institute A14.3-1956, Safety Code for fixed ladders.
(6) Portable ladder feet shall be placed on a
				substantial base, and the area around the top and bottom of the ladder shall be
				kept clear.
(7) Portable ladders
				shall be used at such a pitch that the horizontal distance from the top support
				to the foot of the ladder is about one-quarter of the working length of the
				ladder (the length along the ladder between the foot and the top support.)
				Ladders shall not be used in a horizontal position as platforms, runways, or
				scaffolds.
(8) Ladders shall not be
				placed in passageways, doorways, driveways, or any location where they may be
				displaced by activi­ties being conducted on any work, unless protected
				by barricades or guards.
(9) The
				side rails shall extend not less than thirty-six (36) inches above the landing.
				When this is not practical, grab rails, which provide a secure grip for an
				employee moving to or from the point of access, shall be installed.
(10) Portable ladders in use shall be tied,
				blocked, or otherwise secured to prevent their being displaced.
(11) Portable metal ladders shall not be used
				for electrical work or where they may contact electrical conductors.
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 36-23-35 - Motor Vehicles, Mechanized Equipment, and Marine Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. Equipment.
(a) General requirements.
(1) All equipment left unattended at night,
				adjacent to a highway in normal use, or adjacent to construction areas where
				work is in progress, shall have appropriate lights or reflectors or barricades
				equipped with appro­priate light or reflectors, to identify the
				loca­tion of the equipment.
(2) A safety tire rack, cage, or equivalent
				protection shall be provided and used when inflating, mounting, or dismounting
				tires installed on split rims, or rims equipped with locking rings or similar
				devices.
(3)
(i) Heavy machinery, or parts thereof, which
				are suspended or held aloft by use of slings, hoists, or jacks shall be
				substantially blocked or cribbed to prevent falling or shifting before
				employees are per­mitted to work under or between them.
				Bull­dozer and scraper blades, end-loader buckets, dump bodies, and
				similar equipment, shall be either fully lowered or blocked when being repaired
				or when not in use. All controls shall be in a neutral position, with the
				motors stopped and brakes set, unless work being performed requires
				otherwise.
(ii) Whenever the
				equipment is parked, the parking brake shall be set. Equipment parked on the
				line shall have the wheels chocked and the parking brake set.
(4) The use, care and charging of
				all batteries shall conform to the requirements of this section.
(5) All cab glass shall be safety glass, or
				equivalent, that introduces no visible distortion affecting the safe operation
				of any machine.
(6) All equipment
				covered by this subpart shall comply with the requirements of these regulations
				when working or being moved in the vicinity of power lines or ener­gized
				transmitters.
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 36-23-36 - Excavations, Trenching, and Shoring

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. General protection requirements.
(a) Walkways, runways, and sidewalks shall be
				kept clear of excavated material or other obstructions and no sidewalks shall
				be undermined unless shored to carry a minimum live load of one hundred and
				twenty-five (125) pounds per square foot.
(b) If planks are used for raised walkways,
				runways, or sidewalks, they shall be laid parallel to the length of the walk
				and fastened together against displacement.
(c) Planks shall be uniform in
				thick­ness and all exposed ends shall be provided with beveled cleats to
				prevent tripping.
(d) Raised
				walkways, runways, and sidewalks shall be provided with plank steps on strong
				stringers. Ramps, used in lieu of steps, shall be provided with cleats to
				insure a safe walking surface.
(e)
				All employees shall be provided with and protected with personal protective
				equipment for the protection of the head, eyes, respiratory organs, hands, feet
				and other parts of the body.
(f)
				Employees exposed to vehicular traffic shall be provided with and shall be
				instructed to wear warning vests marked with or made of reflectorized or high
				visibility material.
(g) Employees
				subjected to hazardous dusts, gases, fumes, mists, or atmospheres deficient in
				oxygen, shall be provided with and protected with approved respiratory
				protec­tion.
(h) No person
				shall be permitted under loads handled by power shovels, der­ricks, or
				hoists. to avoid any spillage employ­ees shall be required to stand away
				from any vehicle being loaded.
(i)
				Daily inspections of excavations shall be made at the beginning of and
				periodi­cally during each shift by a certified and competent person. If
				evidence of possible cave-ins or slides is apparent, all work in the excavation
				shall cease until the necessary precautions have been taken to safeguard the
				employees.
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 36-23-38 - Steel Erection

Current through Register Vol. XLI, No. 28, July 12, 2024
38.1.
				Flooring requirements.
(a) Permanent flooring
				-- skeleton steel construction in tiered buildings.
(1) The permanent floors shall be installed
				as the erection of structural members progresses, and there shall be not more
				than eight (8) stories between the erection floor and the uppermost permanent
				floor, except where the structural integrity is maintained as a result of the
				design.
(2) At no time shall there
				be more than four (4) floors or forty-eight (48) feet of unfinished bolting or
				welding above the foundation or uppermost permanently secured floor.
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 36-23-41 - Rollover Protective Structures; Overhead Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
41.1. Rollover protective structures (ROPS)
				for material handling equipment. All such equipment shall be equipped with
				rollover protective structures which meet the minimum performance standards
				prescribed in MSHA Safety and Health Regulations for Construc­tion,
				1926.1000.
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 36-24 - Rules Governing Duty Of Mine Foreman To Notify Operator When Unable To Obey Law › Section 36-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and Regulations Governing the Record Keeping of All Certified Persons
				Employed in All Mines Throughout the State of West Virginia.
1.2. Authority. -- W. Va. Code '22-6-4.
1.3. Filing Date. -- April 22,
				1983.
1.4. Effective Date. -- June
				5, 1983.
1.5. Findings and
				Conclusions
(a). Finding of Facts.
(1) Certification of miners employed in coal
				mines in West Virginia is required by Chapter 22A of the West Virginia Code to
				insure that only competent qualified persons are employed to act as underground
				or surface miners or in specific miner occupations.
(2) Since 1980 there have been at least ten
				civil and criminal prosecutions of persons in the coal industry purporting to
				be certified by the State as miners or for particular miner occupations who
				either possess bogus certificates or do not possess certificates for these
				occupations.
(3) Persons acting as
				miners or in particular miner occupations who are not properly certified as
				required by law create a safety hazard in the mines because such persons have
				not demonstrated their competency or qualifications under State law for these
				occupations.
(4) In order for the
				Department of Energy to know at any given time the certifications of persons
				working in the mines, a current listing is needed at each mine location of
				persons employed at that location and their certifications, if any.
(5) Such records can be made most readily and
				efficiently available through the employers of persons holding State
				certifications, since the employers have access to and knowledge of those
				persons who work for them.
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 36-24 - Rules Governing Duty Of Mine Foreman To Notify Operator When Unable To Obey Law › Section 36-24-2 - Effect Of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				rules and regulations shall have 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 rule 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 36-24 - Rules Governing Duty Of Mine Foreman To Notify Operator When Unable To Obey Law › Section 36-24-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All terms used in these rules and regulations, not defined
				  herein, shall have the meanings set forth in Section 1, Article 1A, Chapter 22A
				  of the Code.
(a) Code: The term "Code"
				when following a reference to a specific section, article, chapter, shall mean
				the West Virginia Code of 1931, as amended.
(b) Miner's certification: The term "Miner's
				certification" shall mean any, and all types of certification mandated and
				required for any occupation at the present time, or may become mandated in the
				future, by the West Virginia Department of Energy.
(c) Parties Responsible for Record Keeping:
				The term "Parties responsible for record keeping" shall mean all coal mine
				operators in the mining industry, construction companies, shaft operators,
				manufacturing companies, private consultants, and, or any other company,
				persons, or firms associated with the mining industry, who have in their employ
				persons who are certified in accordance with 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 36-24 - Rules Governing Duty Of Mine Foreman To Notify Operator When Unable To Obey Law › Section 36-24-4 - System For Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Six (6) months after the effective date of these rules and regulations, parties
				responsible for record keeping, except as otherwise provided in Section 4.2,
				shall maintain a file on the state certifications of all current employees on
				their payroll. The file shall contain the name, social security number, current
				certification and certification number for each individual employee possessing
				a state certification.
4.2. New
				mines opened after the effective date of this regulation and temporarily
				inactive mines, shall maintain such records within six (6) months of the date
				on which such mines are activated and/or reactivated.
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 36-24 - Rules Governing Duty Of Mine Foreman To Notify Operator When Unable To Obey Law › Section 36-24-5 - Availability Of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Unless
				otherwise approved by the Director of the Department of Energy, all records
				required in Section 4.1 of these rules and regulations shall be made available
				to the Director of the Department of Energy, or his authorized representative,
				and to designated auditors of the Department of Energy for compliance audit
				purposes, within five (5) days after a request is made for the need of such
				records.
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 36-24 - Rules Governing Duty Of Mine Foreman To Notify Operator When Unable To Obey Law › Section 36-24-6 - Individual Responsibility

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				After the effective date of these rules and regulations, any person employed by
				parties responsible for record keeping shall, upon request, provide to the
				parties responsible for record keeping, all necessary information pertaining to
				state certifications and all types of certifications that they hold.
6.2. All persons possessing miner
				certifications and employed by parties responsible for record keeping shall
				provide in writing to the parties responsible for record keeping any change in
				the information required in section 4 of these rules and regulations, including
				additional miner certifications, within four (4) days subsequent to such
				change.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Rule
				governing underground equipment requirements and operation.
1.2. Authority. -- W. Va. Code W. Va. Code
				§§
									22A-6-4
				and
				22A-6-5.
1.3. File Date. -- February 25,
				2021.
1.4. Effective Date. --
				March 27, 2021.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-2 - Effect of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				shall have the effect of law and violations shall be deemed a violation of law
				and so cited with the same effect as law. All provisions of W. Va. Code §
									22A-1-1
				et seq. relative to enforcement are applicable to the enforcement of this rule.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All terms used
				in this rule, not defined herein, shall have the meanings set forth in W. Va.
				Code §22A-l-2.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-4 - Track Haulage Locomotives

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No
				persons other than those necessary to operate a trip or car shall ride on any
				loaded car or on the outside of any car. Locomotives shall operate within the
				limits of its design capabilities and at speeds consistent with the conditions
				of the haulage road. Trailing locomotives shall be required on all trips except
				in instances where other equivalent means are approved by the Director. In
				instances where trailing locomotives are not used and approved equivalent
				measures exist, the locomotive operator shall have an assistant to assist
				him/her in his/her duties at all times. Where assistants are provided, safe
				riding facilities will be provided on the locomotive. In determining the
				approval for other equivalent means, the Director shall consider a plan
				certified by a registered engineer which specifies:
4.1.a. Size weight of locomotives utilized,
4.1.b. Percent and distance of ascending
				grades,
4.1.c. Use of derails or
				other equivalent safeguards,
4.1.d.
				The trailing load transported and number of cars in a trip.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-5 - Underground Mine Car Loading Points

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Skids shall not be placed on mine rails
				adjacent to the wheels of moving mine cars, unless remote means can be used to
				place the skids without getting underneath or between the cars.
5.2. There shall be no unnecessary visual
				obstructions in the immediate working areas of the underground mine car loading
				point operator.
5.3. These
				requirements shall be conspicuously posted at the underground mine car loading
				point, along with any other operation instructions for that facility.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-6 - Designated Areas of Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When
				in the vicinity of a switch, all persons shall get into an area of safety,
				either in a shelter hole or a crosscut, when trips are approaching.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-7 - Coupling and Uncoupling of Mine Cars

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All track haulage cars which are
				regularly coupled and uncoupled shall be equipped with automatic couplers or
				other device approved by the Director which provides an equal or greater level
				of safety, which couple or uncouple without the necessity of persons going
				between the ends of such cars.
7.2. Mine cars shall be coupled or uncoupled
				in such a manner that will not require standing between the ends of such cars
				while coupling or uncoupling.
7.3.
				Persons shall not cross between moving mine cars.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-8 - General Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The use of underground mining equipment that does not conform to the height of
				the seam being mined, which creates unsafe working conditions for the miners
				operating the equipment or others, is prohibited.
8.2. Mining equipment shall be operated
				safely, taking into consideration the condition of the haulage road, limit of
				visibility, height of the coal seam, and the size of the equipment.
8.3. No modifications to haulage equipment
				which limits visibility to a degree which poses a hazard to persons in the
				vicinity of such equipment shall be permitted.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-9 - Correction of Unsafe Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Where haulage equipment causes damage to
				the roof support system or creates unsafe working conditions to miners, action
				shall be taken to correct such condition.
9.2. Prior to the start of self-propelled
				mobile equipment, an audible alarm shall be sounded.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-10 - Procedures for Refusing to Operate Unsafe Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When an operator of equipment believes
				in good faith that a hazardous condition exists relative to the conformity of
				the equipment to the height of the coal seam, the equipment operator shall
				follow the procedures in West Virginia Board of Coal Mine Health and Safety,
				Series 8, "Right of a Miner to Refuse to Operate Unsafe Equipment."
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-11 - Requirements for Lifting Jacks

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A ten (10) ton lifting jack compatible
				with the seam height, or other equivalent lifting device in working condition,
				shall be stored within eight hundred (800) feet of the working face at a
				specified location on each underground working section at all times when miners
				are working on such sections. All section employees shall be informed of such
				location.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-12 - Operation of Section Haulage Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Roadways on which section haulage
				equipment travels shall be maintained in a safe condition and free of
				hazards.
12.2. Prior to operating
				section haulage equipment, the equipment operator shall examine the road way to
				be traveled, and shall report any hazards present to the immediate supervisor
				before the equipment is put into operation.
12.3. Section haulage equipment shall be
				operated in a safe manner, consistent with the conditions of the
				roadway.
12.4. No person shall
				start a piece of self-propelled section haulage equipment until they are in the
				normal operating position of such equipment.
12.5. Parking brakes shall be set on all
				self-propelled section haulage equipment by the equipment operator before the
				operator leaves the normal operating position of such equipment. Where the
				parking brake is not provided, or where it is necessary to perform maintenance
				on the equipment which requires that the park brake not be set, other methods
				shall be used to prevent accidental movement of the equipment.
12.6. Persons operating self-propelled
				section haulage equipment shall see that all persons are a safe distance away
				from the equipment, and out of the equipment's expected path of travel, before
				the equipment is started.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-13 - Cleaning of Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Equipment cleaning shall not be done on self-propelled section haulage
				equipment unless the power circuits on the equipment are deenergized.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-14 - Transportation of Disabled Underground Rubber-Tired Mining Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A solid
				triangular tow bar or suitable device approved by the Director shall be used to
				tow disabled underground rubber-tired mining equipment in all areas of the mine
				out by working sections, provided however, other means of towing disabled
				equipment may be used if it is necessary to transport such disabled equipment
				short distances to the nearest location where a solid triangular tow bar or
				other device approved by the Director can be safely affixed to the disabled
				equipment.
14.2. No person shall
				be permitted to ride in disabled underground rubber-tired mining equipment
				while it is being towed using a solid triangular tow bar unless the towed
				vehicle is equipped with operative brakes and steering functions and controls
				and a protective canopy.
14.3.
				Pushing a disabled vehicle will not be allowed unless it becomes necessary to
				move such disabled vehicle out of the road of travel or to enable access to the
				use of a solid triangular tow bar.
14.4. No person shall be allowed to push a
				disabled vehicle from the operators deck end.
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 36-25 - Operation Of Track Haulage Locomotives › Section 36-25-15 - Transportation of Disabled Underground Rubber-Tired Mining Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
Deenergization of Self-Propelled Electric Coal Feeders;
				  Performance Requirements.
15.1.
				Deenergization of the tramming motors of self-propelled electric coal feeders
				shall be provided by:
15.1.1. Mechanical
				actuation of an existing push button emergency stop switch;
15.1.2. Mechanical actuation of an existing
				lever emergency stop switch; or
15.1.3. The addition of a separate
				electro-mechanical switch assembly.
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 36-26 - Rules And Regulations Governing Construction And Rehabilitation Operations In Underground Mines › Section 36-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Rule
				Governing Construction and Rehabilitation Operations in Underground Mines.
1.2. Authority. -- W. Va. Code
				§§
									22A-6-4
				and
				22A-6-5.
1.3. Filing Date. -- February 25,
				2021.
1.4. Effective Date. --
				March 27, 2021.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-26 - Rules And Regulations Governing Construction And Rehabilitation Operations In Underground Mines › Section 36-26-2 - Effect of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				shall have the effect of law, and violations shall be deemed a violation of law
				and so cited with the same effect as law. All provisions of W. Va. Code §
									22A-1-1
				et seq. relative to enforcement are applicable to the enforcement of this rule.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-26 - Rules And Regulations Governing Construction And Rehabilitation Operations In Underground Mines › Section 36-26-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All terms used
				in this rule, not defined herein, shall have the meanings set forth in W. Va.
				Code §
									22A-1-2.
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 36-26 - Rules And Regulations Governing Construction And Rehabilitation Operations In Underground Mines › Section 36-26-4 - On-shift Examination of Construction and Rehabilitation Work Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In addition to
				the pre-shift examination, an on-shift examination shall be made of all
				construction and rehabilitation work areas between the third and fifth hours
				while persons are working, and such examination shall be recorded in a book
				prescribed for such purposes, and located on the surface.
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 36-26 - Rules And Regulations Governing Construction And Rehabilitation Operations In Underground Mines › Section 36-26-5 - Automated Temporary Roof Support (ATRS) Systems on Roof Bolting Machines used for Construction and Rehabilitation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Where required by the Director of the
				Office of Miners' Health, Safety and Training, roof bolting machines used for
				construction or for rehabilitation work shall be equipped with an approved
				automated temporary roof support (ATRS) system. However, when spot bolting is
				done on track haulage roads, machines shall not be required to have
				ATRS.
5.2. In determining where
				such ATRS system is needed, the Director shall consider the following:
(a) whether the use of ATRS would pose a
				greater hazard than not using it;
(b) whether the technology of ATRS exists to
				allow compliance with this rule; and
(c) the conditions at the construction or
				rehabilitation 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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and Regulations Governing Surface Areas.
1.2. Authority. -- W. Va. Code §
									22A-6-4.
1.3. Filing Date. -- May 7, 2010.
1.4. Effective Date. -- August 5,
				2010.
1.5. Applicability. 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 Article1,Chapter 22 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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Coal Permit
				Holder" means the holder of an active coal mining permit issued by the West
				Virginia Department of Environmental Protection.
2.2. "Designated Mining Area" is an area of
				real property that is (i) subject to an active surface coal mining permit or
				the surface area of an active deep coal mine permit issued by the West Virginia
				Department of Environmental Protection (a "Coal Permit") and (ii) where
				Excavation Work will be conducted within the following twelve (12) month
				period.
2.3. "Excavation Work"
				shall mean work performed by motorized mining equipment where vegetation,
				timber, topsoil or overburden will be moved, removed or placed by surface
				mining operations and such surface impacts incident to underground coal mine
				operations.
2.4. "High voltage
				powerline" means any uninsulated suspended power conductor carrying high
				voltage.
2.5. "Lanyard" means a
				rope, suitable for supporting one person. One end is fastened to a safety belt
				or harness and the other end is secured to a substantial object or a safety
				line.
2.6. "Lifeline" means a rope,
				suitable for supporting one person, to which a lanyard or safety belt (or
				harness) is attached.
2.7. "Oil and
				Gas Operator" means any person or persons, firm, partnership, partnership
				association or corporation that proposes to or does locate, drill, operate or
				abandon any oil or gas well or engaged in the operation of pipeline facilities
				or the transportation of oil or gas.
2.8. "Pipeline" means all parts of those
				physical facilities through which gas moves in transportation, including pipe,
				valves, and other appurtenance attached to pipe, compressor units, metering
				stations, regulator stations, delivery stations, holders, and fabricated
				assemblies.
2.9. "Safety belt"
				means a device, usually worn around the waist, which, by reason of its
				attachment to a lanyard and lifeline for a structure, will prevent a worker
				from falling.
2.10. "Well" means
				any shaft or hole sunk, drilled, bored or dug into the earth or into
				underground strata for the extraction or injection or placement of any liquid
				or gas, or any shaft or hole sunk or used in conjunction with such extraction
				or injection or placement. The term "well" does not include any shaft or hole
				sunk, drilled, bored or dug into the earth for the sole purpose of core
				drilling or pumping or extracting therefrom potable, fresh or usable water for
				household, domestic, industrial, agricultural or public use.
2.11. All other terms used in these rules and
				regulations, not defined herein, shall have the means set forth in W. Va. Code
				22A-1-2.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-3 - Operating Equipment With Suspended Material

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All persons remain a safe distance from
				any supplies or materials while being raised, lowered or in transit, by a
				forklift, crane, or other equipment: Provided, that whenever it is necessary to
				have persons other than the equipment operator in the immediate vicinity of any
				such supplies, the loads shall be securely fastened by a chain or other device
				to the equipment handling the load in order to prevent the load from slipping
				or falling off the equipment.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-4 - Protection From Falls From Elevated Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Safety protection such as safety belts,
				lifelines, or lanyards to prevent a person from falling shall be provided at
				all times where the potential fall distance exceeds fifteen (15) feet, except
				that safety belts shall not be used where they are impractical or would pose a
				greater hazard.
4.2. Safety nets
				shall be provided when work places are more than twenty-five (25) feet above
				the ground where the use of ladders, scaffolds, catch platforms, temporary
				floors, safety lines, or safety belts are impractical.
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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-6 - Working Around High-Voltage Powerlines

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Location of high-voltage powerlines.
				High-voltage powerlines located above surface work areas, driveways,
				haulageways, and railroad tracks shall be installed no less than fifteen (15)
				feet above ground.
6.2. Operation
				of equipment, minimum distance from high voltage lines.
6.2.a. Equipment or machinery operated on the
				surface of any coal mine shall not be operated within ten (10) feet of an
				overhead powerline unless the line is deenergized and visibly grounded at the
				point of work, or unless insulating barriers not part of or an attachment to,
				the equipment have been erected to prevent physical contact with the lines.
				Where the voltage of overhead powerlines is sixty-nine thousand (69,000) volts
				or more, the minimum clearance between the lines and part of the equipment or
				load shall be: (Please see Table 36-27a).
6.2.b. A person shall be designated to
				observe clearance of the equipment and give timely warning for all operations
				where it is difficult for the operator to maintain the desired clearance by
				visual means.
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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-7 - Tires and Repairs

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A safety
				tire rack, cage or equivalent protection shall be provided when inflating tires
				during installation on split rings or rims equipped with locking rings or
				similar devices. Tires shall be deflated before repairs on them are started,
				and means shall be provided to prevent wheel locking rims from creating a
				hazard during tire inflation. Different types and sizes of wheel rims in the
				same location shall be stored separate from each other.
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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-8 - Crushers, Feeders, and Rotary Breakers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. No person shall be permitted to perform
				any work within the confines of the cargo space of a crusher, feeder, or rotary
				breaker unless such equipment has been deenergized and locked out.
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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-9 - Machines with Movable Parts

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Ninety (90) days after the effective date of this section, machines with
				movable parts used at surface mines or surface areas of underground mines,
				which are capable of coming into contact with its operating controls or is
				capable of pinning the operator between the movable part and its controls,
				shall be equipped with a panic bar or suitable mechanical means to prevent such
				contact, or pinning of the operator.
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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-10 - Seat Belts

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Each
				employee working in a surface coal mine or in the surface areas of an
				underground coal mine shall be required to wear seat belts in a vehicle where
				there is a danger of overturning and where roll protection is
				provided.
10.2. Seat belts shall be
				worn by all drivers of trucks, 5-ton or greater, while operating their trucks
				on surface mines and surface areas of underground mines.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-11 - Transporting Compressed Gas Cylinders

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. When tanks and cylinders are not used
				and they are being transported, they shall be securely mounted with regulators
				removed, cylinder valves closed and protective valve caps replaced, except in
				conformance with the following requirements:
11.1.a. Cylinders shall remain in a
				substantially constructed compartment while the gauges are attached and shall
				be secured against movement.
11.1.b. The substantially constructed
				compartment shall be designed specifically for the mine maintenance vehicles
				carrying it; the cylinders shall be secured against movement and be placed at
				no greater than a 45 degree angle.
11.1.c. The cylinder regulators, if not in
				enclosed compartments, shall be adequately covered to provide protection when
				regulators are left attached to cylinders.
11.1.d. The substantially constructed
				compartments shall be secured to the mine maintenance vehicle in such a manner
				to prevent the entire compartment from overturning at any time.
11.1.e. If the cylinders are being
				transported in closed compartments, the compartments shall be adequately
				ventilated, and all doors on the substantially constructed compartments shall
				be closed and secured when not in use.
11.1.f. Cylinders, gauges, hoses, connectors,
				valve stems, and torches shall be checked for damage and proper fit by a
				qualified person immediately following transportation and prior to
				use.
11.1.g. The cylinder valves
				shall be in a shut-off position, and the hoses relieved of pressure when not in
				use and when being transported.
11.1.h. All substantially constructed
				compartments shall be approved by the Director or his authorized representative
				prior to initial 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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-12 - Mirrors on Surface Operated Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. When required by an authorized
				representative of the Director to enhance safe operation, adequate mirror(s)
				will be provided on surface mine equipment that operates at surface mines,
				surface areas of underground mines, preparation plants and loadouts.
Mirror(s) provided on equipment by manufacturers of said
				  equipment shall be deemed adequate and in compliance with the
				  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 36-27 - Rules And Regulations Governing Surface Areas On Mine Property And Limitations On Mining Adjacent To Gas Facilities › Section 36-27-13 - Safety Devices on Surface Haulage Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Sixty (60) days after the effective
				date of this section all surface mines, surface areas of underground mines,
				which utilize or operate vehicles capable of carrying 100-tons or greater,
				which operate in close proximity of smaller vehicles, as identified in Section
				13.1(a), shall implement the following enhancements in order to maximize the
				visibility of operators and coordination of equipment.
13.1.a. All maintenance, service, foreman or
				other utility vehicles shall be equipped with strobe lights and/or whip
				antennas, or other suitable devices as approved by the Director, or to be
				escorted by a vehicle equipped with such devices. This requirement excludes
				employee vehicles that are traveling on designated access road(s) to and from
				work.
13.1.b. Equipment operators
				of haulage vehicles capable of carrying 100-tons or greater shall conduct a
				complete walk around of the equipment before it is placed in operation at the
				beginning of the shift and anytime the operator dismounts the
				machine.
13.1.c. Equipment
				operators of haulage vehicles capable of carrying 100-tons or greater shall
				sound an audible warning device three times before the machine is placed in
				operation, and after the machine has set idle while in operation for periods
				that exceed normal cycle times.
13.1.d. Reflective numbers or other clearly
				distinguishable identification markers, at a minimum of at least five (5)
				inches in height or as approved by the Director or his authorized
				representative, shall be installed, in conspicuous places, on all four sides of
				all vehicles capable of carrying 100-tons or greater.
13.1.e. All vehicles capable of carrying
				100-tons or greater shall be equipped with two-way communications.
13.1.f. At no time shall a smaller vehicle
				travel into a blind spot of a vehicle over 100-ton capacity without
				communicating with the operator of the larger vehicle and receiving positive
				confirmation from that operator that it is safe to approach.
All employees of the mine shall receive a briefing of these
				  procedures within thirty (30) days of the effective date of this rule and these
				  procedures shall be included in the employees annual retraining, newly hired
				  miner training, and hazard training.