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2005 West Virginia Code - CHAPTER 22A. — MINERS\' HEALTH, SAFETY AND TRAINING
- CHAPTER 22A. — MINERS' HEALTH, SAFETY AND TRAINING.
- ARTICLE 1. — OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; ENFORCEMENT.
- §22A-1-1. — Continuation of the office of miners' health, safety and training; purpose.
- §22A-1-2. — Definitions.
- §22A-1-3. — Director of the Office of Miners' Health, Safety and Training.
- §22A-1-4. — Powers and duties of the director of the office of miners' health, safety and training.
- §22A-1-5. — Offices continued in the office of miners' health, safety and training.
- §22A-1-6. — Director's authority to promulgate rules.
- §22A-1-7. — Savings provisions.
- §22A-1-8. — Mine inspectors; regions and districts; employment; tenure; oath.
- §22A-1-9. — Mine safety instructors; eligibility; qualifications; examinations; salary; provisions relating to underground mine inspectors applicable to mine safety instructors.
- §22A-1-10. — Mine inspectors may be appointed to fill vacancy in division.
- §22A-1-11. — Employment of electrical inspectors; eligibility; qualifications; examinations; salary; provisions relating to underground mine inspectors applicable to electrical inspectors.
- §22A-1-12. — Employment of underground mine inspectors; eligibility; qualifications; examinations; salary and expenses; reinstatement; removal.
- §22A-1-13. — Employment of surface mine inspectors; eligibility; qualifications; examinations; salary; provisions relating to underground mine inspectors applicable to surface mine inspectors.
- §22A-1-14. — Director and inspectors authorized to enter mines; duties of inspectors to examine mines; no advance notice; reports after fatal accidents.
- §22A-1-15. — Findings, orders and notices.
- §22A-1-16. — Powers and duties of electrical inspectors as to inspections, findings and orders; reports of electrical inspectors.
- §22A-1-17. — Review of orders and notices by the director.
- §22A-1-18. — Posting of notices, orders and decisions; delivery to agent of operator; names and addresses to be filed by operators.
- §22A-1-19. — Judicial review.
- §22A-1-20. — Injunctions.
- §22A-1-21. — Penalties.
- §22A-1-22. — Discrimination.
- §22A-1-23. — Records and reports.
- §22A-1-24. — Mine foreman examiner for mine foremen-fire bosses and assistant mine foremen-fire bosses; salary.
- §22A-1-25. — Duties of mine foreman examiner.
- §22A-1-26. — Place and time for examinations.
- §22A-1-27. — Preparation of examinations; notice of intention to take examination; investigation of applicants.
- §22A-1-28. — Certificates of qualification heretofore granted.
- §22A-1-29. — Mine foreman examiner to certify successful applicants to director.
- §22A-1-30. — Record of examination.
- §22A-1-31. — Withdrawal of certification.
- §22A-1-32. — Certification of mine foreman or assistant mine foreman whose license to engage in similar activities suspended in another state.
- §22A-1-33. — Mine rescue stations; equipment.
- §22A-1-34. — Mine rescue crews.
- §22A-1-35. — Mine rescue teams.
- §22A-1-36. — Mandatory safety programs; penalties.
- §22A-1-37. — Certification of surface-mine foremen.
- §22A-1-38. — Applicability and enforcement of laws safeguarding life and property; rules; authority of director regarding enforcing safety laws.
- §22A-1-39. — Reciprocity of mine foreman certification and
- ARTICLE 1A. — ADMINISTRATION; ENFORCEMENT.
- §§22A-1A-1 to 22A-1A-35. — Repealed.
- ARTICLE 2. — UNDERGROUND MINES.
- §22A-2-1. — Supervision by professional engineer or licensed land surveyor; seal and certification; contents; extensions; repository; availability; traversing; copies; archive; final survey and map; penalties.
- §22A-2-2. — Plan of ventilation; approval by director of the office of miners' health, safety and training.
- §22A-2-3. — Fans.
- §22A-2-4. — Ventilation of mines in general.
- §22A-2-5. — Unused and abandoned parts of mine.
- §22A-2-6. — Movement of mining equipment.
- §22A-2-7. — When underground mine foreman-fire boss required; assistants; certification.
- §22A-2-8. — Duties; ventilation; loose coal, slate or rocks; props; drainage of water; man doors; instruction of apprentice miners.
- §22A-2-9. — Slopes, incline planes and haulage roads.
- §22A-2-10. — Signals on haulways; lights at mouth and bottom of shaft; operation of cages.
- §22A-2-11. — Boreholes.
- §22A-2-12. — Instruction of employees and supervision of apprentices; annual examination of persons using flame safety lamps; records of examination; maintenance of methane detectors, etc.
- §22A-2-13. — Daily inspection of working places; records.
- §22A-2-14. — Safety inspections; removal of gases.
- §22A-2-15. — Dangerous places.
- §22A-2-16. — Examinations of reports of fire bosses.
- §22A-2-17. — Ascertainment, record and removal of all dangers.
- §22A-2-18. — Duty of mine foreman to notify operator when unable to comply with law; duty of operator.
- §22A-2-19. — Death or resignation of mine foreman; successor.
- §22A-2-20. — Preparation of danger signal by fire boss or certified person acting as such prior to examination; report; records open for inspection.
- §22A-2-21. — Fire bosses to have no superior officers.
- §22A-2-22. — Unlawful to enter mine until fire boss reports it safe; exceptions.
- §22A-2-23. — Authority of fire boss to perform other duties.
- §22A-2-24. — Control of coal dust; rock dusting.
- §22A-2-25. — Roof control programs and plans; refusal to work under unsupported roof.
- §22A-2-26. — Roof support; specific requirements.
- §22A-2-27. — Canopies or cabs; electric face equipment.
- §22A-2-28. — Equipment to conform with height of seam.
- §22A-2-29. — Use of authorized explosives; storage or use of unauthorized explosives.
- §22A-2-30. — Surface magazines for explosives.
- §22A-2-31. — Transportation of explosives.
- §22A-2-32. — Underground storage of explosives.
- §22A-2-33. — Preparation of shots; blasting practices.
- §22A-2-34. — Misfires of explosives.
- §22A-2-35. — Other blasting devices.
- §22A-2-36. — Hoisting machinery; telephones; safety devices; hoisting engineers and drum runners.
- §22A-2-37. — Haulage roads and equipment; shelter holes; prohibited practices; signals; inspection.
- §22A-2-38. — Transportation of miners by cars; self-propelled equipment; belts.
- §22A-2-39. — Belt conveyor; installation; maintenance; examination of belt conveyors and belt entries.
- §22A-2-40. — General provisions.
- §22A-2-41. — Bonding track used as power conductor.
- §22A-2-42. — Telephone service or communication facilities.
- §22A-2-43. — Electric equipment in mines.
- §22A-2-44. — Hand-held electric drills and rotating tools; trailing cables.
- §22A-2-45. — Installation of lighting.
- §22A-2-46. — Welding and cutting.
- §22A-2-47. — Responsibility for care and maintenance of face equipment.
- §22A-2-48. — When respiratory equipment to be worn; control of dust.
- §22A-2-49. — Safeguards for mechanical equipment.
- §22A-2-50. — Procurement of dust-tight electrical equipment; fireproof construction; dust control; repairs; welding; handrails and toeboards; protection of personnel on conveyors; back guards on ladders; walkways or safety devices around thickeners.
- §22A-2-51. — Housekeeping.
- §22A-2-52. — Storage of flammable liquids in lamphouse.
- §22A-2-53. — Smoking in and around surface structures.
- §22A-2-53a. — Railroad cars; dumping areas; other surface areas.
- §22A-2-53b. — Haulage or surface areas.
- §22A-2-53c. — Ramps; tipples; cleaning plants; other surface areas.
- §22A-2-54. — Duties of persons subject to article; rules and regulations of operators.
- §22A-2-55. — Protective equipment and clothing.
- §22A-2-55a. — Safety helmets.
- §22A-2-56. — Checking systems.
- §22A-2-57. — No act permitted endangering security of mine; search for intoxicants, matches, etc.
- §22A-2-58. — Fire protection.
- §22A-2-59. — First-aid equipment.
- §22A-2-60. — Accessible outlets; safe roadways for emergencies; accessibility of first aid equipment; use of special capsule for removal of personnel.
- §22A-2-61. — Coal storage bins; recovery tunnels; coal storage piles.
- §22A-2-62. — Thermal coal dryers and plants.
- §22A-2-63. — No mine to be opened or reopened without prior approval of the director of the office of miners' health, safety and training; certificate of approval; approval fees; extension of certificate of approval; certificates of approval not transferable; section to be printed on certificates of approval.
- §22A-2-64. — Sealing permanently closed or abandoned mines.
- §22A-2-65. — Mining close to abandoned workings.
- §22A-2-66. — Accident; notice; investigation by Office of Miners' Health, Safety and Training.
- §22A-2-67. — Written report of accident.
- §22A-2-68. — Preservation of evidence following accident or disaster.
- §22A-2-69. — Repealed.
- §22A-2-70. — Shafts and slopes.
- §22A-2-71. — Right of miner to refuse to operate unsafe equipment; procedure; discrimination.
- §22A-2-71a. — Right of miner to refuse to work in an unsafe area or unsafe manner.
- §22A-2-72. — Long wall and short wall mining.
- §22A-2-73. — Construction of shafts, slopes, surface facilities and the safety hazards attendant therewith; duties of board of coal mine health and safety to promulgate rules; time limits therefor.
- §22A-2-74. — Control of respirable dust.
- §22A-2-75. — Coal operators -- Procedure before operating near oil and gas wells.
- §22A-2-76. — Reopening old or abandoned mines.
- §22A-2-77. — Monthly report by operator of mine; exception as to certain inactive mines.
- §22A-2-78. — Examinations to determine compliance with permits.
- §22A-2-79. — Provisions of article severable.
- ARTICLE 2A. — USE OF DIESEL-POWERED EQUIPMENT IN UNDERGROUND COAL MINES.
- §22A-2A-101. — Use of diesel-powered equipment authorized.
- §22A-2A-102. — Control of diesel safety and health hazards.
- §22A-2A-201. — Applicability of definitions.
- §22A-2A-202. — Board defined.
- §22A-2A-203. — Certificate of approval defined.
- §22A-2A-204. — Commission defined.
- §22A-2A-205. — Diesel fuel tank defined.
- §22A-2A-206. — Diesel fuel transportation unit defined.
- §22A-2A-207. — Diesel engine defined.
- §22A-2A-208. — Diesel power package defined.
- §22A-2A-209. — Exhaust emission defined.
- §22A-2A-210. — Exhaust emissions control and conditioning system defined.
- §22A-2A-211. — MSHA defined.
- §22A-2A-212. — Permanent underground diesel fuel storage facility defined.
- §22A-2A-213. — Safety can defined.
- §22A-2A-214. — Temporary underground diesel fuel storage area defined.
- §22A-2A-301. — Creation of the West Virginia diesel equipment commission.
- §22A-2A-302. — Members of the commission; qualifications and eligibility.
- §22A-2A-303. — Appointment and terms of commission members.
- §22A-2A-304. — Nomination and appointment of members.
- §22A-2A-305. — Removal of members.
- §22A-2A-306. — Compensation of members; reimbursement for expenses.
- §22A-2A-307. — Quorum; majority vote required.
- §22A-2A-308. — Promulgation of initial rules by the commission.
- §22A-2A-309. — Commission's authority to approve site-specific experimental testing prior to initial rules.
- §22A-2A-310. — Duties of commission following promulgation of initial rules.
- §22A-2A-401. — General provisions relating to requirements for exhaust emissions.
- §22A-2A-402. — Approval of diesel power package or diesel engine.
- §22A-2A-403. — Exhaust emissions control and conditioning systems.
- §22A-2A-404. — Emissions monitoring and control.
- §22A-2A-405. — Exhaust gas monitoring and control.
- §22A-2A-501. — Ventilation.
- §22A-2A-601. — Specifications for fuel.
- §22A-2A-602. — Fuel storage facilities.
- §22A-2A-603. — Dispensing of diesel fuel.
- §22A-2A-604. — Location of fueling.
- §22A-2A-701. — Fire suppression systems for diesel-powered equipment and fuel transportation units.
- §22A-2A-702. — Fire suppression for storage areas.
- §22A-2A-703. — Use of certain starting aids regulated or prohibited.
- §22A-2A-704. — Fire and safety training.
- §22A-2A-801. — Maintenance of diesel-powered equipment.
- §22A-2A-802. — Training and qualification of persons working on diesel-powered equipment.
- §22A-2A-803. — Examination of equipment by operator.
- §22A-2A-804. — Scheduled maintenance.
- §22A-2A-805. — On-board performance and maintenance diagnostics systems.
- §22A-2A-806. — Diagnostic testing.
- §22A-2A-807. — Records.
- §22A-2A-901. — Training and general requirements.
- ARTICLE 3. — UNDERGROUND CLAY MINE.
- §22A-3-1. — Definition.
- §22A-3-2. — Clay mine foreman; when to be employed; qualifications; assistants.
- §22A-3-3. — Rules for protection of health and safety of employees.
- ARTICLE 4. — OPEN-PIT MINES, CEMENT MANUFACTURING PLANTS AND UNDERGROUND LIMESTONE AND SANDSTONE MINES.
- §22A-4-1. — Definitions.
- §22A-4-2. — Applicability of mining laws.
- §22A-4-3. — Rules.
- §22A-4-4. — Monthly report by operator.
- §22A-4-5. — Inspectors.
- §22A-4-6. — Penalties.
- ARTICLE 5. — BOARD OF APPEALS.
- §22A-5-1. — Board of appeals.
- §22A-5-2. — Powers transferred to the board of appeals.
- ARTICLE 6. — BOARD OF COAL MINE HEALTH AND SAFETY.
- §22A-6-1. — Declaration of legislative findings and purpose.
- §22A-6-2. — Definitions.
- §22A-6-3. — Board continued; membership; method of nomination and appointment; meetings; vacancies; quorum.
- §22A-6-4. — Board powers and duties.
- §22A-6-5. — Preliminary procedures for promulgation of rules.
- §22A-6-6. — Health and safety administrator; qualifications; duties; employees; compensation.
- §22A-6-7. — Coal mine safety and technical review committee; membership; method of nomination and appointment; meetings; quorum; powers and duties of the committee; powers and duties of the board of coal mine health and safety.
- §22A-6-8. — Effect of rules.
- §22A-6-9. — Reports.
- §22A-6-10. — Compensation and expenses of board members.
- ARTICLE 7. — BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION.
- §22A-7-1. — Short title.
- §22A-7-2. — Declaration of legislative findings and policy.
- §22A-7-3. — Definitions.
- §22A-7-4. — Board of miner training, education and certification continued; membership; method of appointment; terms.
- §22A-7-5. — Board powers and duties.
- §22A-7-6. — Duties of the director and office.
- §22A-7-7. — Transfer and allocation of appropriations and personnel.
- §22A-7-8. — Director's authority to promulgate rules.
- §22A-7-9. — Saving provisions.
- ARTICLE 8. — CERTIFICATION OF UNDERGROUND AND SURFACE COAL MINERS.
- §22A-8-1. — Certificate of competency and qualification or permit of apprenticeship required of all surface and underground miners.
- §22A-8-2. — Definitions.
- §22A-8-3. — Permit of apprenticeship-underground miner.
- §22A-8-4. — Permit of apprenticeship-surface miner.
- §22A-8-5. — Supervision of apprentices.
- §22A-8-6. — Certificate of competency and qualification -- Underground or surface miner.
- §22A-8-7. — Refusal to issue certificate; appeal.
- §22A-8-8. — Limitations of article.
- §22A-8-9. — Violations; penalties.
- ARTICLE 9. — MINE INSPECTORS' EXAMINING BOARD.
- §22A-9-1. — Mine inspectors' examining board.
- ARTICLE 10. — EMERGENCY MEDICAL PERSONNEL.
- §22A-10-1. — Emergency personnel in coal mines.
- §22A-10-2. — First-aid training of coal mine employees.
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