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 56-08 - Rules Governing The Submission and Approval of a Comprehensive Mine Safety Program for Coal Mining Operations in the State of West Virginia › Section 56-8-5 - Submission of Initial Comprehensive Mine Safety Program

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				operators and independent contractors of new mines shall submit a
				comprehensive mine safety program, and shall have such program
				approved by the director prior to commencement of work or operations
				by miners at the mine site.
5.2. After the effective date of
				this rule, all mines, which are temporarily inactive but which have
				an approved comprehensive safety program, shall resume operations
				under the comprehensive safety program for that mine in effect at the
				time such mine was temporarily closed. If the operator or independent
				contractor elects to retain the existing comprehensive safety
				program, the operator or independent contractor shall notify the
				director prior to the resumption of work by miners at the mine. If
				the operator or independent contractor elects to modify the existing
				comprehensive safety program, the operator or independent contractor
				shall submit such modifications to the director within ninety (90)
				calendar days after resuming active mining operations.
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 56-08 - Rules Governing The Submission and Approval of a Comprehensive Mine Safety Program for Coal Mining Operations in the State of West Virginia › Section 56-8-6 - Mine Evaluation for Development of the Initial Comprehensive Mine Safety Program; Submittals to Director

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				developing the initial comprehensive safety program, the operator or
				independent contractor shall analyze the various program components,
				contained in Section 7 of this rule, in conjunction with the
				evaluation criteria provided in this rule, and shall take into
				consideration the output of the particular mine, the number of
				employees of the particular mine, the location of the particular
				mine, or any other aspect of the particular mine deemed relevant by
				the operator or independent contractors. Based upon this analysis and
				evaluation of the type of safety program needed at a particular mine,
				the operator or independent contractor shall proceed to develop a
				comprehensive mine safety program composed of the appropriate
				components contained in Section 7 of this rule and a plan and
				appropriate procedures for implementing each of the components of the
				program.
6.2. Each
				operator or independent contractor shall submit to the director for
				approval a comprehensive mine safety program in accordance with this
				rule. In addition each operator or independent contractor shall
				submit the following:
6.2.1. A
				statement that the analysis and evaluation required by Section 6.1 of
				this rule has been completed;
6.2.2. A statement indicating which
				process the operator or independent contractor has selected,
				consistent with Section 11.1. of this rule, to ensure that all
				employees at the mine are aware of all components of the
				comprehensive mine safety program prior to commencement of work at
				the mine;
6.2.3. A list
				of safety instructors and their certifications, and/or
				qualifications, who will have primary responsibility for planning and
				conducting safety training at the mine;
6.2.4. The name of the person or
				persons representing the operator or independent contractor,
				including his/her title or position and mailing address or telephone
				number, who can be notified by the director for all matters
				concerning the operator or independent contractor's comprehensive
				mine safety program.
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 56-08 - Rules Governing The Submission and Approval of a Comprehensive Mine Safety Program for Coal Mining Operations in the State of West Virginia › Section 56-8-7 - Primary Safety Program Components

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Depending upon the safety
				program needs of a particular mine or independent contractor, the
				comprehensive mine safety program may include any or all of the
				components contained in Section 7.2. of this rule. Comprehensive mine
				safety programs submitted by independent contractors shall address
				only the specific type of work to be performed by the
				contractor.
7.2. A
				comprehensive mine safety program may include:
7.2.1. The operator or independent
				contractor's safety policy for each mine;
7.2.2. The operator or independent
				contractor's policies regarding personal safety protection of each
				worker (hard hats, shoes, etc.);
7.2.3. Safety training programs and
				objectives, including any or all of the following:
7.2.3.a. Classroom
				training;
7.2.3.b.
				Workplace training;
7.2.3.c. Safety meetings;
				and
7.2.3.d. Informal
				training.
7.2.4. The operator or independent
				contractor's practices and procedures for promoting:
7.2.4.a. Safe working practices for
				personnel;
7.2.4.b. Safe
				working conditions in the mine environment; and
7.2.4.c. Safe working practices for
				machinery, equipment, and systems.
7.2.5. The operator or independent
				contractor's emergency provisions and procedures at the
				mine.
7.2.6. The operator
				or independent contractor's procedures for accident investigation and
				reporting, which may include:
7.2.6.a. Investigation;
7.2.6.b. Filing;
7.2.6.c Analysis; and
7.2.6.d.
				Follow-up.
7.2.7. The operator or independent
				contractor's practices and procedures for comprehensive mine safety
				program promotion and enforcement; and
7.2.8. Such other components deemed
				necessary by the operator or independent contractor to effectuate the
				goals of W. Va. Code §
										22A-1-36.
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 56-08 - Rules Governing The Submission and Approval of a Comprehensive Mine Safety Program for Coal Mining Operations in the State of West Virginia › Section 56-8-8 - Modifications

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				operator or independent contractor may submit at any time proposed
				modifications or revisions to the comprehensive mine safety program,
				along with the reasons thereof, to the director.
8.2. Within ninety (90) days after
				receipt by the director of any proposed revisions or modifications to
				the program, the director shall either approve the revisions or
				reject the revisions, stating in detail the reasons for such
				rejection. If within ninety (90) days of receipt of such revisions by
				the director no action has been taken, the proposed revisions shall
				be taken as approved.
8.3. When revisions to a program
				are submitted to the director, the operator or independent contractor
				may request and the director may issue temporary approval of such
				revisions pending the director's final review and approval.
8.4. The director may require
				modifications to a comprehensive mine safety program at any time
				following the investigation of a fatal accident or serious injury, as
				defined by Title 36, Series 19, Section 3.2(2), if such modifications
				are warranted by the findings of the investigation. A comprehensive
				mine safety program may be subject to annual review by the director
				after a fatality or serious accident involving bodily harm has
				occurred, or, if the operator has shown a pattern of mine safety
				violations as defined by W. Va. Code §
									22A-1-15(c)(2),
				such a finding shall also warrant annual review by the
				director.
8.5. Whenever
				the Director determines that a mine has experienced a substantial
				number of injuries due to materials handling, he/she shall require
				the mine operator to include a component in the mine's comprehensive
				safety program which identifies procedures for reducing such
				injuries.
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 56-08 - Rules Governing The Submission and Approval of a Comprehensive Mine Safety Program for Coal Mining Operations in the State of West Virginia › Section 56-8-9 - Annual Review of the Comprehensive Mine Safety Program After Fatal or Serious Accident or a Pattern of Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each
				operator or independent contractor subject to an annual review under
				section 8.4. of this rule shall conduct an annual review of the
				comprehensive mine safety program in effect at each mine. The purpose
				of the review shall be to determine the effectiveness of the
				comprehensive mine safety program by evaluating the components of the
				program to determine whether modifications to the existing program
				are necessary and desirable.
9.1.1.
				Each operator or independent contractor shall submit to the director
				within thirty (30) days after the anniversary date of the program a
				report which shall contain the findings of the annual review, a
				statement indicating whether, as a result of such review,
				modifications to the existing program are necessary, and if
				applicable, proposed modifications to the existing program. When
				modifications to the existing program are submitted, the operator or
				independent contractor may request, and the director may issue,
				temporary approval of requested modifications pending the director's
				final review and approval.
9.1.2. The director will review the
				annual report submitted by the operator or independent contractor and
				will either approve the report, or reject the report, stating in
				detail the reasons for rejection. The reasons for rejection may
				include proposed changes to the program deemed necessary by the
				director and not included by the operator or independent
				contractor.
9.1.3. If
				rejected, the director shall give the operator or independent
				contractor a reasonable period of time to modify and resubmit such
				report and proposed modifications. If within thirty (30) calendar
				days subsequent to receipt of the report or proposed modifications by
				the director, no action has been taken by the director, the proposed
				report and modifications shall be considered approved.
9.1.4. The anniversary date of the
				program shall be one (1) year from the date the annual review was
				required.
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 56-08 - Rules Governing The Submission and Approval of a Comprehensive Mine Safety Program for Coal Mining Operations in the State of West Virginia › Section 56-8-10 - Review Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If a comprehensive mine
				safety program or modifications thereto are rejected by the director
				pursuant to Sections 6.3, 8.2., or 9.1. of this rule, the operator or
				independent contractor shall be entitled to a hearing before the
				director to contest such rejection.
10.2. The operator or independent
				contractor may petition the director to be removed from annual
				review. In that petition, the operator or independent contractor
				shall set forth reasons as to why it should no longer be subject to
				annual review. If the director rejects that petition, the operator or
				independent contractor shall be entitled to a hearing before the
				director to contest such rejection.
10.3. The operator or independent
				contractor shall notify the director within fifteen (15) days of the
				receipt of such rejection that he/she is requesting a hearing and
				shall state specifically his/her reasons thereto. A hearing shall be
				scheduled within ten (10) days of the receipt of the request for
				hearing and shall be held within twenty (20) days of such
				request.
10.4. Any
				operator or independent contractor adversely affected by a decision
				rendered by the director pursuant to subsection 9.2. of this rule may
				appeal such decision in accordance with W. Va. Code §
									29A-5-4.
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 56-08 - Rules Governing The Submission and Approval of a Comprehensive Mine Safety Program for Coal Mining Operations in the State of West Virginia › Section 56-8-11 - Right of Mine Employees to Review and Comment on the Comprehensive Mine Safety Program; Posting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Each employee of the mine shall be afforded an opportunity to review
				and submit comments to the director regarding the review of the
				comprehensive mine safety program and any modifications or revisions
				to the program and the initial report. The operator or independent
				contractor shall satisfy this requirement by selecting one of the two
				methods set out in 11.1.1. or 11.1.2. below.
11.1.1. The operator or independent
				contractor may establish a safety committee at the mine. This
				committee shall consist of at least three (3) non-supervisory
				employees. Where feasible, the committee should have representation
				on each working shift. The requirements for such committee may be
				satisfied with an existing committee for the mine. It shall be the
				responsibility of the operator or independent contractor to provide
				this committee with the opportunity to review the initial
				comprehensive safety program and any modifications or revisions
				thereto, and the annual report, and to provide written comments and
				suggestions to the director with copies to the operator or
				independent contractor. Such opportunity to review shall be satisfied
				by compliance with section 11.4. of this rule. It shall be the
				responsibility of the committee to ensure that all employees of the
				mine have the opportunity to review and comment on the proposed
				comprehensive safety program, any proposed modifications or revisions
				thereto.
11.1.2. The
				operator or independent contractor may hold a meeting for all
				employees of the mine at which meeting the operator or independent
				contractor shall provide an in-depth review of each of the components
				of the comprehensive safety program for the mine. The purpose of such
				meeting is to provide each employee of the mine the opportunity to
				review and comment on the proposed comprehensive safety program and
				any modifications or revisions thereto, and the annual report. Such
				meeting shall be held prior to the submittal of the initial program
				and the submittal of any modifications or revisions to such program,
				and the submittal of the annual report. The operator or independent
				contractor shall notify the director and post notice on the mine
				bulletin board of the time and place of the meeting at least ten (10)
				calendar days prior to the meeting. The director or his/her
				authorized representative has the right to attend such
				meeting.
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 56-08 - Rules Governing The Submission and Approval of a Comprehensive Mine Safety Program for Coal Mining Operations in the State of West Virginia › Section 56-8-12 - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				director may develop forms and guidelines to facilitate development,
				review, and approval of the comprehensive safety program submitted by
				each operator or independent contractor; provided, however, that such
				forms and guidelines cannot modify or expand the requirements of this
				rule.
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 56-10 - Rules Governing Reporting Requirements For Independent Contractors › Section 56-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs reporting requirements for independent contractors registered with
				the West Virginia Office of Miners' Health, Safety and Training.
1.2. Authority. -- W. Va. Code
				§22A-1-6.
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.
1.6. Applicability. -- This
				rule applies to each independent contractor registered with the West Virginia
				Office of Miners' Health, Safety and Training as required by W. Va. Code
				§22A-2-63(e).
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 56-10 - Rules Governing Reporting Requirements For Independent Contractors › Section 56-10-2 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				On or before the end of each calendar quarter, each independent contractor
				registered with the West Virginia Office of Miner's Health, Safety and Training
				as required by W. Va. Code §22A-2-63(e),
				shall file with the Director a report covering the preceding calendar quarter
				on forms approved by the Director. Such report shall contain the following
				information for each mine(s) where the independent contractor performed work or
				provided services:
2.1.1. The total number of
				employees performing services at a mining operation.
2.1.2. The employee hours worked at a mining
				operation.
2.1.3. The total
				reported accidents and occupational injuries that occurred to employees while
				performing services at a mining operation pursuant to W. Va. Code R.
				§36-19-1.
2.1.4. Each mine's
				identification number where employee hours were worked and/or where the
				accident(s) or occupational injury (injuries) occurred.
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 56-11 - Governing First Aid Training Of Shaft And Slope Employees (Repealed) › Section 56-11-1 - General (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
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 56-11 - Governing First Aid Training Of Shaft And Slope Employees (Repealed) › Section 56-11-2 - Effect of Law and Rule (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
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 56-11 - Governing First Aid Training Of Shaft And Slope Employees (Repealed) › Section 56-11-3 - First-Aid Training of Shaft and/or Slope Employees (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
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 56-12 - Rules Governing Assessing Health and Safety Violation Penalities › Section 56-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedure whereby the Office of Miners' Health, Safety and
				Training assesses civil monetary penalties, pursuant to W. Va. Code
				§22A-1-21, to those having
				violated the state's mine health and safety laws.
1.2. Authority. -- W. Va. Code
				§22A-1-21.
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 56-12 - Rules Governing Assessing Health and Safety Violation Penalities › Section 56-12-2 - 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. "Director" shall mean the director of
				the State of West Virginia Office of Miners' Health, Safety and
				Training.
2.3. "Knowing violation"
				shall mean a violation occurring when:
2.3.1.
				An operator (or miner, for an individual violation) causes a violative
				condition or practice by exercising reckless and willful disregard of mandatory
				health and safety standards, or recklessly and willfully failed to correct an
				unsafe condition or practice which was known to exist; or
2.3.2. An operator refuses to comply with any
				order issued under W. Va. Code §§22A-1-14 or 15; or
2.3.3. An operator refuses to comply with any
				order issued in a final decision under W. Va. Code §22A-1-1, except for an
				order incorporated in a decision under W. Va. Code §§22A-1-21(a) or
				22(b).
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 56-12 - Rules Governing Assessing Health and Safety Violation Penalities › Section 56-12-3 - Assessment Procedure For Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Civil monetary penalty assessments are
				mandatory.
3.2. The amount of a
				civil monetary penalty assessments will be determined based upon consideration
				of the following 5 criteria:
3.2.1. Gravity of
				the violation;
3.2.2. History of
				previous violations;
3.2.3. Size of
				the business charged with a violation;
3.2.4. Demonstrated good faith in achieving
				compliance after notification of the violation; and
3.2.5. Whether the operator was
				negligent.
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 56-12 - Rules Governing Assessing Health and Safety Violation Penalities › Section 56-12-4 - Assessment Procedure For Knowing Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In addition to any monetary assessment
				determined under section 3 of these rules, any operator issued a knowing
				violation shall be assessed 1 knowing point for every 20 civil penalty points
				accrued. Knowing points are converted to a monetary amount, as per the
				following table:
Knowing Civil Penalty Conversion Table
Civil Points
Penalty Points
Knowing Penalty
0-20
1
$1,000
21-40
2
$2,000
41-60
3
$3,000
61-80
4
$4,000
81-100
5
$5,000
4.2.
				In addition to any assessment determined under section 3 of this rule, a
				subsequent knowing violation, issued to the same operator at the same operation
				during the same inspection within the same quarter, shall result in the
				assessment of 2 knowing points for every 20 civil penalty points accrued.
				Subsequent knowing points are converted to a monetary amount as per the
				following table:
Subsequent Knowing Civil Penalty Conversion
				  Table
Civil Points
Penalty Points
Knowing Penalty
0-20
2
$2,000
21-40
4
$4,000
41-60
6
$6,000
61-80
8
$8,000
81-100
10
$10,000
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 56-12 - Rules Governing Assessing Health and Safety Violation Penalities › Section 56-12-5 - Assessment Procedure For Individuals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any miner who knowingly violates the
				mine health and safety laws shall be assessed a civil penalty not to exceed
				$250 for each such occurrence.
5.2.
				The amount of civil monetary penalty assessments will be determined based upon
				consideration of 2 criteria:
5.2.1. Gravity of
				the violation; and
5.2.2. History
				of prior violations.
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 56-13 - Drug Testing of Mine Inspectors and Mine Safety Instructors › Section 56-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule clarifies the Office of Miners' Health, Safety and Training authority
				under W. Va. Code §§22A-1-9, 22A-1-12(a) and 22A-1-12(e) to determine
				whether mine inspectors, surface mine inspectors, mine safety instructors,
				electrical inspectors, or persons seeking appointment as a mine inspector,
				surface mine inspector, mine safety instructor, or electrical inspector, are of
				good character, reputation and temperate habits, and do not suffer from
				physical or mental impairment, incompetency, neglect of duty, or malfeasance in
				office as a result of controlled substance, or drug abuse.
1.2. Authority. -- W. Va. Code
				§§22A-1-6, 22A-1-9, 22A-1-12, and 29A-3-1
et
				seq.
1.3. Filing Date. -
				July 27, 2023
1.4. Effective Date.
				-- August 31, 2023.
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 56-13 - Drug Testing of Mine Inspectors and Mine Safety Instructors › Section 56-13-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Office of
				Miners' Health, Safety and Training recognizes that the critical mission of
				mine inspections requires the maintenance of a drug free work environment and
				that the practice of mine inspections has several uniquely compelling interests
				that justify the use of drug testing. Additionally, the general citizenry of
				the State of West Virginia has a right to expect that mine inspectors, surface
				mine inspectors, mine safety instructors, electrical inspectors and others are
				at all times both physically and mentally able to perform their duties. The
				Office of Miners' Health, Safety and Training believes that there is sufficient
				evidence to conclude that the use of controlled substances and other forms of
				drug abuse could seriously impair any mine inspectors, surface mine inspectors,
				mine safety instructors, electrical inspectors or others physical and mental
				health, and thus, their job performance, and places miners, mine personnel,
				mine inspectors, surface mine inspectors, mine safety instructors, electrical
				inspectors and the general population's lives, health and welfare at
				risk.
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 56-13 - Drug Testing of Mine Inspectors and Mine Safety Instructors › Section 56-13-4 - Prohibited Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Employees of OMHST shall not:
a. Illegally
				possess any controlled substance;
b. Ingest any controlled substance or any
				drug or prescription drug unless at the direction of a licensed medical
				practitioner;
c. Ingest any
				prescribed or over-the-counter drug in amounts beyond the recommended
				dosage;
d. Use alcohol in any
				manner while on duty or present themselves for duty in any state of alcohol
				induced intoxication;
e. Refuse to
				participate in any drug test as directed by the Director; and/or
f. Possess or submit an adulterated or
				substituted urine specimen.
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 56-13 - Drug Testing of Mine Inspectors and Mine Safety Instructors › Section 56-13-5 - Drug Testing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All employees of OMHST as listed in
				Section 5.6. of this rule form the test pool and are subject to unannounced,
				random drug testing procedures.
5.2. Implementation of this procedure will be
				delegated, on a contractual basis, to an entity or corporation approved by the
				Director.
5.3. All employees of
				OMHST may be directed to submit to reasonable cause drug testing when
				reasonable cause exists to warrant the testing of such employees.
5.4. Any employee of OM HST may be directed
				to submit to a post-accident drug test when appropriate.
5.5. The Director shall cause a randomly
				selected panel of employees be tested at intervals of his/her choosing. The
				intent is that twenty-five percent (25%) of all OM HST employees undergo a
				random drug test annually.
5.6. It
				is the intent of this procedure to include in the random drug test pool those
				employees whose job responsibilities involve public safety which may impact the
				health, safety, rights and privileges of others, or with the public welfare.
				Based upon the foregoing criteria, those employees who are deemed to be
				eligible for inclusion into the random drug test pool are:
a. Mine inspectors;
b. Mine safety instructors;
c. Surface mine inspectors;
d. Electrical inspectors; and
e. Any employee of OMHST routinely entrusted
				with a state vehicle.
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 56-14 - Rule Pertatining to the Office Of Miners' Health, Safety and training Application Process For the West Virginia Innovative Mine Safety Technology Tax Credit Act › Section 56-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the application process for the West Virginia Innovative Mine
				Safety Technology Tax Credit Act.
1.2. Authority. -- W. Va. Code
				§11-13BB-13.
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.
1.6. Applicability. -- This
				rule shall apply to all taxpayers making application to the West Virginia
				Office of Miners' Health, Safety and Training for certification of the tax
				credit authorized under W. Va. Code §11-13BB-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 56-14 - Rule Pertatining to the Office Of Miners' Health, Safety and training Application Process For the West Virginia Innovative Mine Safety Technology Tax Credit Act › Section 56-14-2 - 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. The term "Director" shall mean the
				Director of the Office of Miners' Health, Safety and Training provided for in
				W. Va. Code §22A-1-3.
2.3. The term "Mine Safety Technology Tax
				Force" shall mean the Mine Safety Technology Task Force provided for in W. Va.
				Code §22A-11-2.
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 56-14 - Rule Pertatining to the Office Of Miners' Health, Safety and training Application Process For the West Virginia Innovative Mine Safety Technology Tax Credit Act › Section 56-14-3 - Application and Certification Process

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Until the Director has received the list
				of approved innovative mine safety technologies and/or safety equipment from
				the Mine Safety Technology Task Force, no applications for the tax credit shall
				be accepted.
3.2. Once the Director
				has received the list of approved innovative mine safety technologies and/or
				safety equipment from the Mine Safety Technology Task Force, the Director shall
				approve or amend the list in accordance with the requirements of W. Va. Code
				§11-13BB-4. The Director shall
				publish the approved or amended list in the State Register within 30
				days.
3.3. The application for tax
				credit shall be available at all regional offices of the Office of Miners'
				Health, Safety and Training and shall also be available on the website
https://minesafety.wv.gov
.
3.4. The application requires the applicant
				to provide the following information:
3.4.1.
				Applicant's name, address and telephone number,
3.4.2. Applicant's taxpayer identification
				number,
3.4.3. Mine name and permit
				number,
3.4.4. Description of the
				approved mine safety technology and/or safety equipment,
3.4.5. A purchase order or other means of
				proof that the innovative mine safety technology and/or safety equipment is in
				use at the mine,
3.4.6. Whether
				that mine safety technology and/or safety equipment is listed on the approved
				list published by the Director,
3.4.7. The applicant's qualified investment
				in the mine safety technology and/or safety equipment and the amount of the
				allowable credit,
3.4.8. The amount
				the applicant seeks to apply to the applicable tax years,
3.4.9. If the entity seeking the tax credit
				is a corporation, the application shall list all officers of the corporation
				(as registered with the West Virginia Secretary of State) together with the
				last 4 digits of each officer's social security number and be signed by an
				officer of the corporation,
3.4.10.
				If the entity seeking the tax credit is a limited liability company, the
				application shall list all members of the limited liability company (as
				registered with the West Virginia Secretary of State) together with the last 4
				digits of each member's social security number and be signed by one of its
				members,
3.4.11. If the entity
				seeking the tax credit is a sole proprietor (as registered with the West
				Virginia State Tax Department) together with the last 4 digits of the sole
				proprietor's social security number and the application shall be signed by the
				owner of said sole proprietorship,
3.4.12. The signatures on the application
				shall be notarized.
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 56-14 - Rule Pertatining to the Office Of Miners' Health, Safety and training Application Process For the West Virginia Innovative Mine Safety Technology Tax Credit Act › Section 56-14-4 - Objections and Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				applicant determined to be ineligible for a tax credit or whose application is
				rejected may file written objections with the Director. An applicant who files
				a written objection pursuant to this section shall be afforded an opportunity
				to contest the Director's determination and the opportunity to present
				testimony and enter evidence in support of its position.
4.2. An objection shall be deemed timely
				filed if received by the Office of Miners' Health Safety and Training within 10
				calendar days of the date of the Director's determination.
4.3. A hearing shall be conducted in
				accordance with the contested cases provisions of W. Va. Code §29A-5.
				However, notwithstanding time requirements for notice and hearing contained W.
				Va. Code §29A-5-1, the
				following time requirements shall govern the expedited administrative hearings
				held pursuant to this section:
4.3.1. An
				expedited administrative hearing shall be held within 10 days of an applicant's
				timely request for a hearing.
4.3.2. Evidence from any party must be
				submitted to the hearing examiner before, or at, the administrative
				hearing.
4.3.3. Hearings shall not
				be continued except by agreement of the parties or upon the most compelling of
				good cause. Good cause determinations will be strictly resolved in view of the
				legislative mandate to expedite the resolution of the issue.
4.3.4. The hearing officer shall issue a
				decision within 10 days of the date of the administrative hearing.
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 56-17 - Rule Governing Organization and Implementation Procedures for Control of Coal Dust, Rock Dust Standards › Section 56-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules establish the procedure whereby the Office of Miners' Health,
				Safety and Training shall implement the provisions of W. Va. Code
				§22A-2-24 pertaining to the
				organization and implementation procedures for control of coal dust, rock dust
				standards.
1.2. Authority. -- W.
				Va. Code §§22A-1-6 and 22A-2-24.
1.3. Filing Date. -- July 27, 2023.
1.4. Effective Date. -- August 31,
				2023.
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 56-17 - Rule Governing Organization and Implementation Procedures for Control of Coal Dust, Rock Dust Standards › Section 56-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Unless the
				context in which a word or phrase appears clearly 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 "Coal dust" shall mean the fraction of
				very fine coal particles deposited throughout an underground mine by air
				currents and transport that pass through a standard 20-mesh per linear inch
				sieve differentiated from "loose coal" which is larger in size and shall not
				pass through a standard 20-mesh per linear inch sieve. Coal dust is not easily
				wetted and accumulations less than fully saturated (thirty (30) percent
				moisture) are able to participate in an explosion.
2.3. "Excessive Accumulation of Coal Dust"
				shall mean an accumulation of coal dust in excess of twenty (20) percent total
				content within the top one eighth inch (1/8") of mine dust located on the
				surface of the mine floor and any rib or structures.
2.4. "Rock dust" shall mean pulverized stone
				used to cover coal dust and thereby render accumulations of coal dust inert.
				Rock dust shall be composed of calcite, dolomite, or an equivalent mineral one
				hundred (100) percent of which shall pass through a standard 20-mesh per linear
				inch sieve and at least seventy (70) percent of which shall pass through a
				standard 200-mesh per linear inch sieve. Rock dust shall not contain more than
				a total of five (5) percent free and combined silica (Si02) and no more than
				five (5) percent combustible matter. Rock dust shall not exceed regulatory
				respirable dust levels when applied and particles when wetted and dried shall
				not cohere to form a cake which may not disperse into separate particles by a
				blast of air.
2.5. "OMHST" shall
				mean the Office of Miners' Health, Safety and Training.
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 56-17 - Rule Governing Organization and Implementation Procedures for Control of Coal Dust, Rock Dust Standards › Section 56-17-3 - Control of Coal Dust

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				In all mines, any accumulation of coal dust containing less than thirty (30)
				percent moisture located in any operating section, haulageway, conveyor, or
				back entry shall be rock dusted or dust allayed in order to render said
				accumulation inert.
3.2. Rock dust
				shall be applied and maintained by manual or mechanical means upon the surface
				of the mine floor, roof and ribs of all operating sections, haulageways and
				parallel entries regardless of connection intervals and in all back entries.
				Rock dust shall be applied to include the last open crosscut of rooms and
				entries, and to within forty (40) feet of faces.
3.3. Rock dust shall be maintained in such
				quantity that the incombustible content of the mine dust that could initiate or
				propagate an explosion shall not be less than eighty (80) percent and the
				incombustible content in return entries shall not be less than eighty (80)
				percent.
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 56-17 - Rule Governing Organization and Implementation Procedures for Control of Coal Dust, Rock Dust Standards › Section 56-17-4 - Use of Moisture Control Coal Dust

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A location in a mine shall be considered
				too wet for evaluation of rock dust standards when the mine dust present in the
				mine, operating section, haulageway, conveyor, or back entry contains in excess
				of thirty (30) percent moisture.
4.2. It is permissible to gauge a too wet
				condition in a mine by taking the top one eighth (1/8) inch of mine dust and
				reasonably squeezing said dust in the hand. If liquid flows between the fingers
				upon exerting reasonable pressure or a wet residue is left in the hand as a
				result, then the moisture content shall be considered too wet. If no liquid
				flows between the fingers upon exerting reasonable pressure and no wet residue
				is left in the hand, then the moisture content is not sufficient. A visual
				observation without testing in the above described manner is not
				sufficient.
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 56-17 - Rule Governing Organization and Implementation Procedures for Control of Coal Dust, Rock Dust Standards › Section 56-17-6 - Coal Dust Sample Analysis

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each coal dust sample shall be analyzed
				utilizing a thermogravimetric analysis procedure which allows for the
				determination of coal dust and rock dust ratios.
6.2. Details concerning the thermogravimetric
				analysis procedure shall be published in the OMHST coal-dust practices survey
				program.
6.3. A quality control
				process consisting of internal duplicate samples and duplicates sent to outside
				laboratories shall be established to ensure the accuracy of the
				analysis.
6.4. Samples received
				from the surveyor shall become the responsibility of the authorized laboratory
				technician who shall complete the chain of custody portion of the OMHST Mine
				Dust Sample Bag and maintain the samples in a secure manner until notified by
				the Director that they are no longer required.
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 56-17 - Rule Governing Organization and Implementation Procedures for Control of Coal Dust, Rock Dust Standards › Section 56-17-7 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Upon
				completion of the analysis, the authorized laboratory technician shall generate
				a report which shall be forwarded to the Director and identify any samples that
				fail to meet the minimum coal dust and rock dust ratio.
7.2. If a sample fails to meet the minimum
				coal dust and rock dust ratio, then the Director shall notify the operator and
				issue a notice of violation with an appropriate abatement period.
7.3. At the expiration of the abatement
				period the Director shall cause a re-surveying of the affected area of the mine
				utilizing the random sampling methodology anchored by the then location of the
				working section loading point in a room and pillar mine or no more than one
				thousand (1,000) feet from the tailgate or maingate in a longwall mine. The
				samples from the re-survey shall have priority in the thermogravimetric
				analysis laboratory and the results shall be reported to the Director upon
				completion.
7.4. At the discretion
				of the Director repeated or serious violations of coal dust and rock dust
				ratios may be elevated in severity up to and including an imminent danger (as
				defined in W. Va. Code §22A-1-2(a)(5)).
7.5. The Director may request that any
				operator provide records establishing the quantity of bulk and bag rock dust
				purchased for a period not to exceed the immediately preceding six (6) month
				period.
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 56-17 - Rule Governing Organization and Implementation Procedures for Control of Coal Dust, Rock Dust Standards › Section 56-17-8 - Organization

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Coal dust and
				rock dust surveying shall be conducted by an inspector or a dust surveyor who
				is designated by the Director as an authorized representative. Individuals
				designated as dust surveyors are authorized by the Director only to conduct
				those activities necessary for the Director to determine compliance with W. Va.
				Code §22A-2-24 and W. Va. Code R.
				§56-17-1
et
				seq.
8.2.
				Thermogravimetric analysis shall be conducted by authorized dust laboratory
				technicians. Individuals designated as dust laboratory technicians are
				authorized by the Director to conduct such activities as are necessary for the
				Director to determine compliance with W. Va. Code §
									22A-2-24 and W. Va. Code R.
				§
									56-17-1
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 56-18 - Rules Governing the Program for the Sharing of Information Between Employers › Section 56-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a program for the sharing of information between employers
				concerning the identity of individuals having been decertified due to a
				violation of a substance abuse policy and testing program as mandated by W. Va.
				Code §22A-1-4(b)(12)
				and modified by subsequent rules. This rule is promulgated for the purpose of
				protecting and enhancing public safety.
1.2. Authority. -- W. Va. Code
				§22A-1-4(b)(12).
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.