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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-26 - Instruction of Employees and Supervision of Apprentices; Annual Examinations of Persons Using Approved Gas Detectors; Records of Examination; Maintenance of Gas Detectors, Etc

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. It shall
				be the duty of the mine foreman or the assistant mine foreman of every coal
				mine in this state to see that every person employed to work in such mine
				shall, before beginning work therein, be instructed in the particular danger
				incident to the person's work in such mine, and be furnished a copy of the
				mining laws of this state and rules of such mine.
26.2. No person shall be qualified for
				testing for methane and for oxygen deficiency unless each such person has been
				trained and demonstrates to the satisfaction of an authorized representative of
				the director that the person is qualified to test for methane with an approved
				gas detector. Records of such examinations shall be kept by the operator and
				the director.
26.3. Persons whose
				duties require them to use approved gas detectors, that have been qualified by
				OMHST to test for methane and oxygen deficiency, shall be examined at least
				annually to their competence by a certified mine foreman and a record that such
				examination was given, together with pertinent data relating thereto, shall be
				kept on file by the operator and a copy shall be furnished to OMHST.
26.4. Persons whose duties require them to
				administer the annual examinations for methane and oxygen deficiency shall be
				examined annually by a qualified official from the OMHST.
26.5. Each operator shall provide for the
				proper maintenance of each detector, and before each shift, care shall be taken
				to insure that such detector is in a permissible condition.
26.6. Gas detectors shall be given proper
				maintenance and inspection before each working shift in a manner recommended by
				the manufacturing company and approved by the director.
26.7. Other approved gas detectors shall be
				given proper maintenance and shall be tested in accordance with the
				manufacturer's recommendations before each working shift and calibrated every
				thirty (30) calendar days.
26.8.
				Job assignments to any miner.
26.8.1. When a
				job assignment is given to any miner that the person has not performed in the
				recent past, or if any person is inexperienced in the particular job
				assignment, the person shall be instructed in the hazards incident thereto and
				the law and rules relevant thereto prior to performing any duties in such job
				assignment.
26.8.2. When the job
				assignment includes the operation of equipment, the instruction shall include a
				supervised dry run.
26.8.3. When
				the job assignment relates to a plan in effect at the mine, the relevant
				portions of the plan shall be reviewed.
26.8.4. A record shall be kept of such
				instruction required under this subsection.