W. Va. Code R. § 36-3-5

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 36-3-5 - Duties - Shaft And/Or Slope Superintendent
5.1. The superintendent shall, each day, read carefully and countersign with ink or indelible pencil all reports entered in the record book of the shaft and/or slope examiner.
5.2. The superintendent shall provide and maintain at all shaft and/or slope operations lights of stationary character, sufficient to illuminate the surface landing area and all surrounding objects distinctly.
5.3. The superintendent or other certified person shall give prompt attention to the removal of all dangers reported to him by his examiner-foreman or any other person working in a shaft and/or slope, and in case it is impracticable to remove the danger at once, he shall see that such area is properly dangered off.
5.4. It shall be the duty of the superintendent of every shaft and/or slope operation in this state to see that all persons employed be furnished a copy of the rules and regulations promulgated by the coal mine health and safety board.
5.5. The superintendent shall see that a new company employee, regardless of previous experience, receive instructions in a particular danger incident in such shaft and/or slope work and be furnished a copy of the rules and regulations promulgated by the coal mine health and safety board. Each such new employee shall be adequately familiarized with the approved roof control plan, ventilation plan and ventilating controls and hoisting procedures, location of first-aid equipment and procedures established for contacting medical assistance, check-in check-out system, communications, fire protection and evacuation. He shall be given a complete tour and explanation of the entire construction operation.
5.6. It shall be the duty of the superintendent to provide a danger signal (a separate signal for each shift) red in color at a conspicuous location on the surface near each shaft and/or slope opening.
5.7. The superintendent or other certified examiner-foreman designated by him shall, at least weekly, search all persons, entering or about to enter a shaft and/or slope, to prevent such person from taking or carrying therein any hallucinating drugs, matches, pipes, cigars, cigarettes, or any device for making lights or fire not authorized or approved. The superintendent or other certified examiner-foreman designated by him shall, at least weekly, search all shaft and/or slope surface employees for hallucinating drugs and alcoholic beverages. Such person being searched may be required to reveal the contents within their clothing and material belongings. Results of weekly searches shall be recorded in ink or indelible pencil in the shaft and/or slope examiner record book prescribed by the Director of the Department of Energy.
5.8. The superintendent shall at least monthly examine stored first-aid supplies and first-aid equipment. Should he find an inadequate supply to comply with the provisions of these rules and regulations, immediate action shall be taken to provide such first-aid equipment as required.
5.9. The superintendent or other certified person shall not permit unauthorized persons around shafts and/or slopes.
5.10. The superintendent shall provide a check-in and check-out system which shall consist of a check board or time clock record, in the place that will not be affected in the event of an explosion.
5.11. The superintendent of the shaft and/or slope and in his absence, the examiner-foreman in charge of the shaft and/or slope, shall give immediate notice to a representative of the Department of Energy and a representative of the miners, the particulars of any accident.
5.12. Whenever any accident occurs in or about any shaft and/or slope to any employee or person connected with the operation resulting in personal injury or death, the superintendent shall, within seventy-two (72) hours, report the same in writing to the Department of Energy giving full details thereof upon forms furnished by the Department of Energy.
5.13. Following an accident in a shaft and/or slope resulting in the serious injury or death of one (1) or more persons and following any disaster in a shaft and/or slope, the evidence surrounding such occurrence shall not be disturbed after recovery of bodies or injured persons until an investigation by the Department of Energy has been completed.

W. Va. Code R. § 36-3-5