W. Va. Code R. § 170-1-2

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 170-1-2 - Definitions

The following terms shall have the meaning as used in this Rule unless in a context that requires a different meaning:

2.1. "Accident" means the following:

2.1.a. Death of an individual at a mine;

2.1.b. An injury to an individual at a mine which has a reasonable potential to cause death;

2.1.c. The entrapment of an individual;

2.1.d. The unplanned inundation of a mine by a liquid or gas;

2.1.e. The unplanned ignition or explosion of gas or dust;

2.1.f. The unplanned ignition or explosion of a blasting agent or an explosive;

2.1.g. An unplanned fire in or about a mine not extinguished within five minutes of ignition;

2.1.h. 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;

2.1.i. A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour;

2.1.j. 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;

2.1.k. Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with the use of equipment for more than thirty minutes; and,

2.1.l. An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs.

2.2. "Center" means Mine and Industrial Accident Emergency Operations Center, including the facility, communications equipment, personnel and procedures utilized to perform the reporting and initial notification functions of the Mine and Industrial Accident Rapid Response System.

2.3. "Covered facilities" means all underground mining operations, and surface mining operations regardless of the source of the hazard.

2.4. "Director" means the Director of the Division of Homeland Security and Emergency Management.

2.5. "Emergency" means an unexpected situation or event that demands immediate action to protect life and property or that requires a response that exceeds the capabilities of the covered facility or responding agency.

W. Va. Code R. § 170-1-2