W. Va. Code R. § 36-8-6

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 36-8-6 - Operator's Procedure If Dispute Remains Unsettled
6.1. If the allegations of the miner are disputed, the immediate supervisor shall notify at least one safety representative and a maintenance foreman, who shall inspect and/or test the alleged unsafe equipment within four (4) hours after notification to determine if the alleged defect exists. If the safety representative and the maintenance foreman find that the alleged defect does exist, the defect shall be corrected before the equipment is placed back into operation; if no defect is found, the equipment can be placed back into operation.
6.2. If the safety representative and the maintenance foreman disagree as to the alleged defect, they shall reduce to writing in detail the results of their inspection and/or test of the alleged unsafe equipment on a form, and in the manner, prescribed by the Director of the Office of Miners' Health, Safety and Training. The form shall contain at least the date and time of the inspection and/or test, description and location of the alleged unsafe equipment and the detailed results of the inspection and/or test.

W. Va. Code R. § 36-8-6