There is a newer version of the West Virginia Code
2009 West Virginia Code
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 experienced miner certification.
ARTICLE 1A. ADMINISTRATION; ENFORCEMENT.
- §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-2-3 Fans.
- §22A-2-4 Ventilation of mines in general.
- §22A-2-4a Use of belt air.
- §22A-2-5 Unused and abandoned parts of mine.
- §22A-2-6 Movement of mining equipment.
- §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-2-15 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-2-21 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-2-26 Roof support; specific requirements.
- §22A-2-27 Canopies or cabs; electric face equipment.
- §22A-2-28 Equipment to conform with height of seam.
- §22A-2-30 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-2-37 Haulage roads and equipment; shelter holes; prohibited practices; signals;
- §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-2-41 Bonding track used as power conductor.
- §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-2-51 Housekeeping.
- §22A-2-52 Storage of flammable liquids in lamphouse.
- §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
- §22A-2A-102 Control of diesel safety and health hazards.
- §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-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-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-602 Fuel storage facilities.
- §22A-2A-603 Dispensing of diesel fuel.
- §22A-2A-604 Location of fueling.
- §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-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.
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 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 Continuing education requirements for underground mine foreman-fire boss.
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.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
