W. Va. Code R. § 36-1-5

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 36-1-5 - Information to be Filed by Company Performing Construction Work; Notices, Orders, and Decisions Received by Company Agent; Principal Officer in Charge; Permits to be Obtained by Company Performing Construction Work
5.1. Prior to beginning work in a shaft and/or slope, the company performing such construction work shall file with the Director the name and address of the company performing the shaft and/or slope construction work.
5.2. Prior to beginning work in the shaft and/or slope after the permit approval has been obtained by the coal mine operator, the company performing such construction in as haft and/or slopes hall file with the Director the name and address of the person who controls or operates the shaft and/or slope. Any revisions in such names and addresses shall be promptly filed with the Director. Each operator of a shaft and/or slope shall designate a responsible official at such shaft and/or slope as the principal officer in charge of health and safety at such shaft and/or slope and such official shall receive a copy of any notice, order, or decision issued under this rule affecting such shaft and/or slope. In any case where the shaft and/or slope is subject to the control of any person not directly involved in the daily operations of the shaft and/or slope, there shall be filed with the Director the name and address of such person and the name and address of a principal official of such person who shall have overall responsibility for the conduct of an effective health and safety program at any shaft and/or slope subject to the control of such person and such official shall receive a copy of any notice, order, or decisions issued affecting any such shaft and/or slope. The mere designation of a health and safety official under this rule shall not be construed as making such official subject to any penalty under the West Virginia Code.
5.3. The following permit approvals shall be obtained from the Director by the company performing construction work in a shaft and/or slope before such work is started:
5.3.1. Stop the ventilation fan
5.3.2. Stop the ventilating fan when personnel are in shafts and/or slopes.
5.3.3. Use electrical machinery in shafts and/or slopes.
5.3.4. Use electrical lights in shaft and/or slopes.
5.3.5. Multiple shots of coal or rock in a shaft and/or slope.
5.3.6. Use or store any non-permissible explosives or non-permissible blasting devices at a shaft and/or slope.
5.3.7. Hoist more than four (4) personnel at one time in buckets or cars in a shaft and/or slope.
5.3.8. Use welder, torches, and like equipment in a shaft and/or slope.

W. Va. Code R. § 36-1-5