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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-34 - Haulage

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1. Roads - traffic directions and warning
				signs.
34.1.1. Traffic directions which differ
				from standard highway practice shall be posted on signs along the haulage roads
				at strategic points in letters at least three (3) inches high.
34.1.2. Well marked signs conspicuously
				placed, shall be properly located to alert drivers to existing danger areas.
				Such as the approach to a dangerous curve or extreme grade.
34.1.3. Traffic rules, signals, and warning
				signs shall be standardized at each mine.
34.1.4. Where side or overhead clearances on
				haulage roads or loading or dumping locations are hazardous to mine workers,
				such areas shall be conspicuously marked and warning devices shall be installed
				when necessary to insure the safety of the workers.
34.1.5. Flashers, flares, or other means of
				signaling shall be used to warn approaching drivers of a hazard created by an
				obstruction in the roadway.
34.1.6.
				Regulatory signs shall be used to indicate required method of traffic movement,
				(Example: "Stop", "Yield", "One Way".)
34.1.7. Posted warning signs shall be used
				where necessary to indicate potential hazardous conditions. (Example: "Hill",
				"Curve", "Truck Crossing".)
34.1.8.
				Object marking shall be used to mark physical obstruction in or near the
				haulage way that presents possible hazards. (Example: Reflectors and high
				visibility paint.)
34.1.9. All
				signs and markings shall be displayed and utilized so as to be effective as
				possible.
34.1.10. Where side or
				overhead clearance on any haulage road or at any loading or dumping location at
				a surface mine is hazardous to any person, such hazard shall be corrected
				immediately, and all necessary precautions taken while such hazard is being
				corrected.
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 56-3-35 - Auger Mining

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. Proximity
				to underground workings.
35.1.1. Auger mining
				should not be done in proximity to active underground workings unless the work
				is coordinated with the underground plan or workings.
35.1.2. Auger holes should not be drilled so
				as to:
35.1.2.a. Disrupt the ventilation
				systems of active underground mines;
35.1.2.b. Create inundation hazards to active
				underground mines; and
35.1.2.c.
				Cause damage to the roof and ribs of active and underground roadways.
35.1.3. Auger holes should not
				intersect underground mine workings known to contain or suspected to contain
				dangerous quantities of impounded water, except to de-water such areas under
				controlled conditions and then only after all necessary precautions have been
				taken to safeguard life and property.
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 56-3-36 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. Horseplay-
				Horseplay, practical jokes, wrestling, fighting or other actions which threaten
				persons with personal injury, causing them to fear for their personal safety or
				causing damage resulting in interference with safe operations shall be
				prohibited.
36.2. Alcohol and drugs
				- Persons under the influence of alcohol or drugs shall not be permitted on a
				surface mine or attendant facility.
36.3. Housekeeping - Paths, walkways,
				stairways, and roadways shall be kept free of obstructions. Structures and
				inside work areas shall be kept free of oil, coal spillage, litter, and coal
				dust accumulations.
35.4. Smoking -
				Smoking or open flames shall not be permitted in the following areas:
36.4.1. Within fifty (50) feet of explosive
				storage area;
36.4.2. Within one
				hundred fifty (150) feet of flammable liquid storage areas;
36.4.3. Within one hundred fifty (150) feet
				of liquified and nonliquified gas storage areas; or
36.4.4. Within one hundred fifty (150) feet
				of the proximity of auger holes.
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 56-3-38 - Hand-Held Electric Drills and Rotating Tools; Trailing Cables

Current through Register Vol. XLI, No. 28, July 12, 2024
38.1. Electric drills and other electrically
				operated rotating tools intended to be held in the hand shall have the electric
				switch constructed so as to break the circuit when the hand releases the switch
				or shall be equipped with friction or safety clutches.
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 56-3-39 - Installation of Lighting

Current through Register Vol. XLI, No. 28, July 12, 2024
39.1. Electric
				lights or other approved methods of lighting shall be installed so that they do
				not come in contact with combustible materials, and the wires shall be
				supported by suitable insulators and fastened securely to the power
				conductors.
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 56-3-40 - Compressed Gases and Welding

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1. Handling
				and use of welding or cutting equipment generally.
40.1.1. The clothing of any person using any
				welding or cutting equipment in or about a surface mine shall be reasonably
				free of petroleum products.
40.1.2.
				When handling oxygen cylinders or apparatus the use of oily hands or gloves is
				prohibited.
40.1.3. Compressed
				gases shall not be used under direct pressure from tanks or cylinders but must
				be used under reduced pressures not exceeding that recommended by the
				manufacturers.
40.1.4. At no time
				shall compressed air be directed toward a person when in use.
40.1.5. A suitable wrench designed for
				compressed tanks shall be in the possession of the person authorized to use the
				equipment.
40.1.6. Oxygen and gas
				cylinders and their contents shall be used solely for their intended
				purposes.
40.1.7. Only an approved
				type spark-lighter shall be used for lighting torches.
40.1.8. All welding and cutting equipment
				shall be continuously maintained in a safe condition.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-41 - When Respiratory Equipment to be Worn; Control of Dust

Current through Register Vol. XLI, No. 28, July 12, 2024
41.1. Workers exposed for short periods to
				gas, dust, fume, and mist inhalation hazards shall wear permissible respiratory
				equipment.
41.2. Dust shall be
				controlled by the use of permissible dust collectors or other approved
				methods.
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 56-3-42 - Miscellaneous Safety Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
42.1.
				Immediately prior to the beginning of each working shift, all equipment except
				licensed vehicles subject to state highway inspection requirements shall be
				examined by the equipment operator or a mechanic if designated by the foreman
				in charge of the operation daily for safety defects.
42.1.1. The person performing such
				examination shall record his/her findings in ink or indelible pencil on a form
				approved by the director.
42.1.1.a. The form
				shall be given to the mine foreman or the mine foreman's assistant within four
				(4) hours after the beginning of the start of the working shift.
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 56-3-43 - Ramps, Tipples, Cleaning Plants, and other Surface Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
43.1. Surface installations generally.
43.1.1. Surface installations, generally all
				mine structures, enclosures, and other facilities (including custom coal
				preparation) shall be maintained in good condition.
43.1.2. In unusually dusty locations,
				electric motors, switches and controls shall be of dust-tight construction, or
				enclosed with reasonable dust-tight housings or enclosures.
43.1.3. Opening in surface installations
				through which workers or material may fall shall be protected by railings,
				barriers, covers or other protective devices.
43.1.4. Illumination sufficient to provide
				safe working conditions shall be provided in and on all surface structures,
				paths, walkways, switch panels, loading and dumping sites, working areas and
				parking areas.
43.1.5. Materials
				shall be stored and/or stacked in a manner to prevent stumbling or
				falling.
43.1.6. Compressed and
				liquid gas cylinders shall be secured in a safe manner.
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 56-3-44 - Coal Storage Bins; Recovery Tunnels; Coal Storage Piles

Current through Register Vol. XLI, No. 28, July 12, 2024
44.1. Coal storage bins hereafter constructed
				with vertical sides fifty (50) feet or over in height shall be provided with
				ventilators or louvers or both to provide adequate ventilation.
44.2. Where roofs are constructed over coal
				storage bins, adequate ventilation shall be provided by stacks, ventilators,
				louvers or mechanical means.
44.3.
				Where cutting or welding is performed at any location where coal is stored,
				means of prompt extinguishment of any fire accidentally started shall be
				provided, and the area where cutting or welding is performed shall be
				adequately watered down and rock-dusted.
44.4. An escape way shall be provided from
				any recovery tunnel hereafter constructed to a safe place on the surface.
44.4.1. The escape way shall be at least
				thirty (30) inches in diameter and where inclined, a ladder shall be provided
				to extend full length of the escape way to facilitate emergency exit.
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 56-3-45 - Fire Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
45.1. Fire
				extinguishers.
45.1.1. A portable fire
				extinguisher containing a nominal weight of at least five(5) pounds shall be
				kept on each piece of mobile equipment.
45.1.2. All portable fire extinguishers on
				equipment shall be properly secured.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-46 - Duties of Persons Subject to this Rule; Rules and Regulations of Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
46.1. It shall be the duty of the operators,
				mine foremen, supervisors, mine examiners, and other officials to comply with
				and to see that others comply with the provision of this rule.
46.2. It shall be the duty of all employees
				to comply with this rule and to cooperate with management and OMHST in carrying
				out the provisions hereof.
46.3.
				Reasonable rules and regulations of an operator for the protection of employees
				and preservation of property that are in harmony with the provisions of this
				rule shall be complied with.
46.3.1.
				Reasonable rules and regulations shall be printed on cardboard or in book form
				in the English language;
46.3.2.
				Posted at some conspicuous place about the mine or mines; and
46.3.3. Given to each employee upon request.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-47 - Protective Equipment and Clothing

Current through Register Vol. XLI, No. 28, July 12, 2024
47.1. Eye protection.
47.1.1. Welders and helpers shall use
				adequate shields or goggles to protect their eyes.
47.1.2. All employees shall have approved
				goggles or shields and use the same where there is a hazard from flying
				particles, or other eye hazards.
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 56-3-48 - First Aid Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
48.1. First aid
				stations and equipment - Each operator of a surface coal mine, tipple, and
				preparation plant shall maintain a supply of first aid equipment. First aid
				equipment shall be located within one thousand (1,000) feet of the working pit,
				unless a ten (10) unit first aid kit is provided in the pit. When ten (10) unit
				kits are provided in the pit, such first aid equipment may be maintained within
				two thousand (2,000) feet of the pit area.
48.2. Each first aid equipment kit shall
				contain the following:
(1) One (1)
				stretcher.
(2) One (1) broken-back
				board, or approved combination stretcher.
(3) Twenty-four (24) triangular
				bandages.
(4) Eight (8) four-inch
				(4") bandage compresses.
(5)
				Sixteen (16) two-inch (2") bandage compresses.
(6) Twelve (12) one-inch (1") adhesive
				compresses.
(7) One (1)
				foille.
(8) Two (2) approved
				blankets.
(9) One (1) rubber
				blanket.
(10) Two (2)
				tourniquets.
(11) One (1) one-ounce
				(1 oz.) bottle of aromatic spirits of ammonia.
(12) Two (2) inflatable plastic leg
				splints.
(13) Two (2) inflatable
				plastic arm splints.
(14) Six (6)
				small splints, metal or wooden.
(15) Two (2) cold packs.
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 56-3-50 - Explosion or Accident; Notice; Investigation by OMHST

Current through Register Vol. XLI, No. 28, July 12, 2024
50.1. For the purposes of this section, the
				term accident means:
50.1.1. The death of an
				individual at a mine;
50.1.2. An
				injury to an individual at a mine which has a reasonable potential to cause
				death;
50.1.3. The entrapment of an
				individual;
50.1.4. The unplanned
				inundation of a mine by a liquid or gas;
50.1.5. The unplanned ignition or explosion
				of gas or dust;
50.1.6. The
				unplanned ignition or explosion of a blasting agent or an explosive;
50.1.7. An unplanned fire in or about a mine
				not extinguished within five (5) minutes of ignition;
50.1.8. An unplanned roof fall at or above
				the anchorage zone in active workings where roof bolts are in use or an
				unplanned roof or rib fall in active workings that impairs ventilation or
				impedes passage;
50.1.9. A coal or
				rock outburst that causes withdrawal of miners or which disrupts regular mining
				activity for more than one (1) hour;
50.1.10. An unstable condition at an
				impoundment, refuse pile or culm bank which requires emergency action in order
				to prevent failure, or which causes individuals to evacuate an area, or the
				failure of an impoundment, refuse pile or culm bank;
50.1.11. Damage to hoisting equipment in a
				shaft or slope which endangers an individual or which interferes with use of
				the equipment for more than thirty (30) minutes; and
50.1.12. An event at a mine which causes
				death or bodily injury to an individual not at the mine at the time the event
				occurs.
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 56-3-51 - Preservation of Evidence Following Accident or Disaster

Current through Register Vol. XLI, No. 28, July 12, 2024
51.1. Following a mine accident resulting in
				the death of one (1) or more persons and following any mine disaster, the
				evidence surrounding such occurrence shall not be disturbed after recovery of
				bodies or injured persons until an investigation by OMHST has been
				completed.
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 56-3-52 - Quarterly Report by Operator

Current through Register Vol. XLI, No. 28, July 12, 2024
52.1. The
				operator of every surface mine shall, on or before the end of each quarter,
				file with the director a report covering the preceding quarter on forms
				furnished by the director.
52.2.
				Such reports shall state the number of accidents which have occurred, the
				number of persons employed, the days worked and the actual tonnage mined, on
				each permit issued by OMHST.
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 56-3-53 - Emergency Medical Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
53.1. Emergency
				personnel in coal mines, emergency medical personnel.
53.1.1. The following emergency personnel and
				emergency medical personnel shall be employed in every mine in the state.
53.1.1.a. At least one (1) emergency medical
				attendant as defined in W. Va. Code §
											22A-8-1
et
				seq.;
53.1.1.b. A
				paramedic as defined in title 64, series 48, section 2.38 of the West Virginia
				Code of State Rules; or
53.1.1.c. A
				physician assistant as defined in W. Va. Code §
											30-3E-1.
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 56-3-54 - First Aid Training of Coal Mine Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
54.1. Each coal mine operator shall provide
				every new employee within six (6) months of the date of his/her employment with
				the opportunity for first aid training as prescribed by the director unless
				such employee has previously received such training. Each coal mine employee
				shall be required to take refresher first aid training of not less than five
				(5) hours within each twenty-four (24) months of employment. The employee shall
				be paid regular wages, or overtime pay if applicable, for all periods of first
				aid 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 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-55 - Certificate of Competency and Qualification or Permit of Apprenticeship Required of all Surface and Underground Mines

Current through Register Vol. XLI, No. 28, July 12, 2024
55.1. Except as hereinafter provided, no
				person shall work or be employed for the purpose of performing normal duties as
				a surface or underground miner in any mine in this State unless he/she holds at
				the time he/she performs such duties a certificate of competency and
				qualification or a permit of apprenticeship issued under the provisions of
				chapter 22A of the code.
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 56-3-56 - Permit of Apprenticeship - Surface Miner

Current through Register Vol. XLI, No. 28, July 12, 2024
56.1. A permit of apprenticeship- surface
				miner, shall be issued by the director to any person who has demonstrated by
				examination a knowledge of the subjects and skills pertaining to employment in
				the surface mining industry, including, but not limited to general safety,
				first aid, miner and operator rights and responsibilities, general principles
				of electricity, health and sanitation, heavy equipment safety, high walls and
				spoil banks, haulage, welding safety, tipple safety, state and federal mining
				laws and such other subjects as may be required by the board of coal mine
				health and safety.
56.2. Each
				applicant for a permit of apprenticeship shall complete a program of education
				and training of at least forty (40) hours, which program shall be determined by
				the board of coal mine health and safety and provided for and implemented by
				the director.
56.3. If a sufficient
				number of qualified applicants having successfully completed the state training
				provided by OMHST are not available, the operator may request approval from the
				director to conduct its
own
preemployment training program so
				long as such training adequately covers the minimum criteria determined by the
				board and such trainees shall be eligible for the same certification as
				provided by the state.
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 56-3-57 - Supervision of Apprentices

Current through Register Vol. XLI, No. 28, July 12, 2024
57.1. Each
				holder of a permit of apprenticeship shall be known as an apprentice.
57.2. Any miner holding a certificate of
				competency and qualification may have one (1) person working with said miner,
				and under his/her supervision and direction, as an apprentice, for the purpose
				of learning and being instructed in the duties and calling of mining.
57.3. Any mine foreman or assistant mine
				foreman may have three (3) persons working with him/her under his/her
				supervision and direction, as apprentices, for the purpose of learning and
				being instructed in the duties and calling of mining.
57.4. A mine foreman, assistant mine foreman
				supervising apprentices in an area where no coal is being produced or which is
				out by the working section may have as many as five (5) apprentices under
				his/her supervision and direction, as apprentices for the purpose of learning
				and being instructed in the duties and calling of mining or where the operator
				is using a production section under program for training of apprentice miners,
				approved by the board of coal mine health and safety.
57.5. Every apprentice working at a surface
				mine shall be at all times under the supervision and control of at least one
				(1) person who holds a certificate of competency and qualification.
57.6. In all cases, it shall be the duty of
				every miner operator who employs apprentices to ensure that such persons are
				effectively supervised and to instruct such person in safe mining
				practices.
57.7. Each apprentice
				shall wear a red hat which identifies the apprentice as such while employed at
				or near a mine.
57.8. No person
				shall be employed as an apprentice for a period in excess of eight (8) months,
				except that in the event of illness or injury, time extensions shall be
				permitted as established by the director.
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 56-3-58 - Certificate of Competency and Qualification - Underground or Surface Miner

Current through Register Vol. XLI, No. 28, July 12, 2024
58.1. A certificate of competency and
				qualification as an underground miner or as surface miner shall be issued by
				the director to any person who has at least six (6) months total experience as
				an apprentice and demonstrated his/her competence as a miner by successful
				completion of an examination given by the director or his/her representative in
				a manner and place to be determined by the board of coal mine health and
				safety.
58.2. All examinations
				shall be conducted in the English language and shall be of a practical nature,
				so as to determine the competency and qualifications of the applicant to engage
				in the mining of coal with reasonable safety to the applicant and his/her
				fellow employees:
58.3. Notice of
				the time and place of such examination shall be given to management at the
				mine, to the local union there if there is a local union, and notice shall also
				be posted at the place or places in the vicinity of the mine where notices to
				employees are ordinarily posted.
58.4. Examinations shall also be held at such
				times and places, and after such notice, as the board finds necessary to enable
				all applicants for certificates to have an opportunity to qualify for
				certification.
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 56-3-59 - Refusal to Issue Certificate; Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
59.1. If the
				director or the director's authorized representative finds that an applicant is
				not qualified and competent, the director or his/her authorized representative
				shall so notify the applicant not more than ten (10) days after the date of
				examination.
59.2. Any applicant
				aggrieved by an action of the director in failing or refusing to issue a
				certificate or qualification and competency may, within ten (10) days of notice
				of the action complained of, appeal to the director who shall promptly give the
				applicant a hearing and either affirm the action or take such action as should
				have been taken.
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 56-3-60 - Limitations of Article

Current through Register Vol. XLI, No. 28, July 12, 2024
60.1. All
				persons possessing certificates of qualification issued by OMHST, entitling
				them to act as mine foreman fire bosses; or assistant mine foreman fire bosses;
				shall be eligible to engage at any time as miners in the mines of this
				state.
60.2. Supervisory and
				technically trained employees of the operator, whose work contributes only
				indirectly to mine operations, shall not be required to possess a miner's
				certificate.
60.3. Notwithstanding
				the provisions of chapter 22A of the code, every person working as a surface
				miner in this state on or before July 1, 1974, shall, upon application to the
				director, be issued a certificate of competency and qualification.
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 56-3-61 - Violations; Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
61.1. Any person
				who knowingly works in or at a mine without a certificate issued under the
				provisions of this rule, any person who knowingly employs an uncertified miner
				to work in or at a coal mine in this state, or, any operator who fails to
				insure the supervision of miners holding a certificate of apprenticeship as
				provided for in this rule, shall be guilty of a misdemeanor, and, upon
				conviction thereof, shall be fined not less than fifty dollars ($50) nor more
				than five hundred dollars ($500).
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 56-3-62 - Operators Filing of Plans - Oil and Gas Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
62.1. Before a coal operator conducts surface
				or strip mining operations within two hundred (200) feet of any well, including
				the removal of coal and other material, the operator shall file with OMHST and
				furnish to the well operator by certified mail, return receipt requested, its
				mining maps and plans (which it is required to prepare, file and update to and
				with the regulatory authority) for the area within two hundred (200) feet of
				the well, together with a notice, or a form furnished by OMHST, informing them
				that the mining maps and plans are being filed or mailed pursuant to the
				requirements of this section, and representing that the planned operations will
				not unreasonably interfere with access to or operation of the well and will not
				damage the well.
62.2. The coal
				operator shall furnish the well operator with evidence that it has in force
				public liability insurance, with at least the minimum insurance coverage
				required by W. Va. Code §
									22A-2-75 and the rules promulgated thereto and
				thereunder.
62.3. Once these mining
				maps and plans are filed with OMHST, the coal operator may proceed with its
				surface or strip mining operations in the manner and as projected on such plans
				or maps, so long as such surface mining operations do not unreasonably
				interfere with access to, or operation of, the well or do not damage the
				well.
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 56-3-63 - Annual Examination of Persons Using Approved Gas Detectors; Record of Examination; Maintenance of Approved Gas Detectors, Etc

Current through Register Vol. XLI, No. 28, July 12, 2024
63.1. No person shall be qualified for
				testing for methane and for oxygen deficiency unless 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.
63.2. Persons whose
				duties require them to use an approved gas detector, 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 surface 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.
63.3. Persons whose duties
				require them to administer the annual examinations for methane and oxygen
				deficiency shall be examined annually by a qualified official from
				OMHST.
63.4. Each operator shall
				provide for the proper maintenance and care of the approved device for
				detecting methane and oxygen deficiency by a person trained in such
				maintenance, and before each shift, care shall be taken to insure that such
				lamp or other device is in a permissible condition.
63.5. Approved 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.
63.6. 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.
TABLE 56-3
Transmitter Power
(Watts) (except FM mobile)
Minimum Distance
(Feet)
5 - 25
100
25 - 50
150
50 - 100
220
100 - 250
350
250 - 500
450
500 - 1000
650
1000 - 2500
1000
2500 - 5000
1500
5000 - 10000
2200
10000 - 25000
3500
25000 - 50000
5000
50000 - 100000
7000
Transmitter Power
(Watts) (FM mobile)
Minimum Distance
(Feet)
1 - 10
5
10 - 30
10
30 - GO
15
60 - 250
30
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 56-04 - Rules Governing Protective Clothing And Equipment › Section 56-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule pertains to the implementation of provisions of W. Va. Code
				§22A-2-55, relating to the
				regulation of protective clothing and equipment worn by miners underground by
				the Office of Miners' Health, Safety and Training.
1.2. Authority. -- W. Va. Code
				§22A-2-55(j).
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 56-04 - Rules Governing Protective Clothing And Equipment › Section 56-4-2 - Preamble

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Purpose B The
				purpose of this rule series is to protect the health and safety of this state's
				coal miners by requiring minimum standards for the protective clothing and
				equipment worn by each underground miner. Coal mine operators are required to
				provide each underground miner with certain protective equipment and this rule
				details the requirements for such protective equipment. In implementing such
				mandate, it is recognized that different types of protective equipment may be
				developed to satisfy the minimum requirements for protective equipment for each
				mine, depending upon the number of employees of the particular mine, the
				location of the particular mine, the physical features of the particular mine,
				and technological advances.
2.2.
				Escape is the primary procedure to be used by miners in the event of an
				emergency underground. Self-contained self-rescue devices (SCSRs) are intended
				to isolate miners from hazardous gases and provide breathable air while
				attempting to escape the mine during an emergency. In the event that
				escape-ways are impassable, emergency shelters/chambers provide a source of
				breathable air for miners unable to escape from the mine. Wireless emergency
				communication and tracking/locating devices are intended to assist in
				exchanging information between escaping miners, between said miners and those
				on the surface following an accident, and to assist in locating miners to aid
				their escape. In addition to the purposes stated above, the intended purpose of
				this rule is to establish a regulatory regime enabling the advancement of mine
				safety and health technologies and the proper implementation of these
				technologies in West Virginia's underground mines.
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 56-04 - Rules Governing Protective Clothing And Equipment › Section 56-4-4 - Mine Safety Technology Task Force

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Within 7 calendar days of the effective
				date of this rule, the Director shall establish a Mine Safety Technology Task
				Force to provide technical and other assistance related to the implementation
				of the new technological requirements set forth in W. Va. Code
				§22A-2-55. The task force shall be
				comprised of 3 miners from the major employee organization representing coal
				miners in this state and 3 miners from the major trade association representing
				underground coal operators in this state. All actions of the task force shall
				be by unanimous vote.
4.2. The task
				force, working in conjunction with the Director, shall study technology and
				technology usage issues related to the implementation, compliance and
				enforcement of the safety requirements covered under W. Va. Code R. §56-4.
				Additionally, the task force may study related safety measures as requested by
				the Director. In conducting its study, the task force shall, where possible,
				consult with, among others, mine engineering and mine safety experts,
				technology experts and relevant state and federal regulatory
				personnel.
4.3. The Director, or
				his/her designee, shall preside over all meetings of the working
				group.
4.4. Prior to adopting or
				modifying any technological safety requirement pursuant to W. Va. Code R.
				§56-4, the Director shall request recommendations from the task force and
				shall consider its written report on the subject in making any
				determination.
4.5. The Director
				shall convene the Mine Safety Technology Task Force no less than once per
				month.
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 56-04 - Rules Governing Protective Clothing And Equipment › Section 56-4-5 - Self-Contained Self-Rescue Devices Provided for Escape from Mines

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each miner
				working underground shall be provided an SCSR in accordance with the provisions
				of W. Va. Code §22A-2-55(f). In
				addition, the operator shall provide storage caches of additional SCSRs
				throughout the mine in accordance with a Storage Cache Plan approved by the
				Director pursuant to W. Va. Code R. §56-4-6.
5.2. Each SCSR shall be approved to provide
				at least 60 minutes of breathable air by the Mine Safety and Health
				Administration (MSHA) of the United States Department of Labor: provided, that
				nothing contained herein shall preclude an operator from providing each miner
				working underground an SCSR with an MSHA approved rating less than 60 minutes
				of breathable air that is adequate to provide for twice the travel time as
				defined in the chart in W. Va. Code R. §56-4-6 to the nearest storage
				cache, as defined in W. Va. Code R. §56-4-6, or an escape
				facility.
5.3. Each operator shall
				provide training in the proper use of SCSRs in simulated emergency situations
				in all required SCSR training: provided, that such simulations may be conducted
				on the surface. Training shall be in compliance with all manufacturers'
				requirements and shall include, but not be limited to: the risks of toxic
				gases; manufacturers' required daily inspections; donning and starting the
				SCSR; limitations of the SCSR; ways to maximize duration of the unit; changing
				between SCSRs; communicating without removing the mouthpiece; importance and
				use of goggles; and how to know if the device has failed and what to do if it
				does fail.
5.4. Pursuant to W. Va.
				Code §22A-1-23, operators and
				independent contractors shall report to the Director all SCSRs in-service and
				list the following: manufacturer; model; serial number; mine/contractor ID#;
				service dates; and results of required inspections. This information shall be
				submitted electronically as defined by the Director, updated quarterly and will
				include information on any units removed from service along with the
				reason(s).
5.5. The Director shall
				compile and analyze the results of this information and distribute a report
				within 30 days by posting the report on the MHS&T web page:
https://minesafety.wv.gov
.
5.6. The Director shall establish a program
				to periodically evaluate the quality of SCSRs in-service in West Virginia mines
				through collection and testing of a statistically significant number of units
				of differing ages and representative of models used West Virginia mines. The
				results of such evaluations will be published on the MHS&T web page:
https://minesafety.wv.gov
.
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 56-04 - Rules Governing Protective Clothing And Equipment › Section 56-4-7 - Placement of Intrinsically Safe Battery-Powered Lights and Lifeline Cords

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Intrinsically
				safe battery-powered strobe lights approved by the Director shall be affixed to
				each storage cache of SCSRs and shall operate continuously or be capable of
				automatic activation in the event of an emergency.
7.1.1. All intrinsically safe battery-powered
				strobe lights affixed to each storage cache of SCSRs shall be approved by the
				Director and MSHA and maintained in accordance with applicable MSHA
				requirements.
7.1.2. Prior to
				approval of any MSHA certified intrinsically safe battery-powered strobe light,
				the Director shall have prepared an independent analysis of the added risk
				incurred from added battery powered devices throughout the mine in the event of
				a catastrophic explosion.
7.1.3.
				When determining if intrinsically safe battery-powered strobe lights present an
				acceptable risk, the Director shall review those rated intrinsically safe by
				MSHA and may approve them for use in West Virginia mines. A list of approved
				intrinsically safe battery-powered strobe lights shall be maintained on the
				MHS&T web site:
https://wvminesafety.wv.gov
.
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 56-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. - Rule Governing the Submission and Approval of a
				Comprehensive Mine Safety Program for Coal Mining Operations in the
				State of West Virginia.
1.2. Authority. -- W. Va. Code
				§§
									22A-1-6
				and
				22A-1-36(a).
1.3. Filing Date. -
				March 17, 2021.
1.4.
				Effective Date. - March 17, 2021.
1.5. Sunset Provision. -- This rule
				shall terminate and have no further force or effect upon March 17,
				2026.
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 56-8-2 - Preamble - Comprehensive Safety Program for Coal Mining Operations in the State of West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Purpose. -- The primary goal
				of W. Va. Code §
									22A-1-36
				is to protect the health and safety of this state's coal miners by
				increasing safety awareness and by providing a safe work place
				through the development and implementation of comprehensive safety
				programs for each coal mine in the state. The purpose of this rule is
				to implement the mandate of W. Va. Code §
									22A-1-36
				by requiring each coal operator and each independent contractor to
				develop a comprehensive safety program for each active mine and by
				detailing the requirements for such programs. In implementing such
				mandate, it is recognized that different types of safety programs may
				be developed for each mine, depending upon the output of the
				particular mine, the number of employees of the particular mine, the
				location of the particular mine, and the physical features of the
				particular mine.
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 56-8-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				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.
3.1.1. Active Mining Operation. --
				The term "active mining operation" shall mean, when used herein, any
				active surface mining operation or active underground mining
				operation.
3.1.1.a. The term
				"active underground mining operation" shall mean an underground coal
				mine which is ventilated, and in which miners are employed.
3.1.1.b. The term "active surface
				mining operation" shall mean a surface coal mine where miners are
				employed.
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 56-8-4 - Responsibility for Comprehensive Mine Safety Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				design, development, submission, implementation, evaluation and
				modification of the comprehensive mine safety program shall be the
				responsibility of the operator or independent contractor of each
				mine.