W. Va. Code R. § 36-1-28

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 36-1-28 - Duties - Shaft and/or Slope Examiner
28.1. It shall be the duty of the shaft and/or slope examiner, acting as such, to prepare the danger signal (a separate signal for each shift) with red color at the shaft and/or slope entrances prior to his/her making his/her pre-shift examination.
28.2. It shall be the duty of the shaft and/or slope examiner to examine each shaft and/or slope within three (3) hours prior to the beginning of each shift and before any worker on such shift enters the shaft and/or slope.
28.3. In making a pre-shift examination, the shaft and/or slope examiner shall examine each working place with an approved permissible methane detector for methane gas and examine the sides of shafts and ribs and roof of all slopes.
28.4. Should the shaft and/or slope examiner find an accumulation of methane gas in excess of one (1) percent or a condition heshe considers dangerous to persons, heshe shall place a conspicuous danger sign at all entrances to such place or places. If a danger sign is posted by the shaft and/or slope examiner, only persons authorized by the shaft and/or slope examiner, operator or agent shall enter such places for the purpose of eliminating the dangerous condition.
28.5. The shaft and/or slope examiner shall place his/her initials, date and time within twenty-five (25) feet of the places heshe examines.
28.6. When the shaft and/or slope examiner finds the shaft and/or slope safe, heshe shall indicate so by changing the danger sign, red in color, to a safe sign, green in color, indicating the shaft and/or slope is safe, and that employees going on shift may enter such shaft and/or slope.
28.7. The shaft and/or slope examiner shall record the resultsof his/her pre-shift examination with ink or indelible pencil in a book prescribed by the Director, kept for such purpose at a place on the surface of the shaft and/or slope designated by the shaft and/or slope operator.
28.8. All records as prescribed herein shall be open for inspection by interested persons and such employees working at such shaft and/or slope operation.
28.9. Except for those persons already on assigned duty, only the shaft and/or slope operator or agent shall be permitted beyond the danger signal, while red in color, until the shaft and/or slope has been examined by the shaft and/or slope examiner.
28.10. No person shall enter such shaft for any purpose at the beginning of work upon each shift therein until such signal has been changed to green in color by the examiner, as provided by this rule, except under his/her direction another designated shaft worker shall ride with such examiner and remain in the bucket, to relay signals to the hoist operator in case of an emergency, during his/her initial pre-shift examination each day: Provided, That when personnel are regularly working on a shift and workers are inside such shaft another shaft worker is not required to accompany him/her.

W. Va. Code R. § 36-1-28