Current through Register Vol. XLI, No. 50, December 13, 2024
Section 36-11-4 - When Underground Mine Foreman-Fire Boss Required; Assistants; Certification2.1.2.1.a. In every underground mine where five (5) or more persons are employed in a period of twenty-four (24) hours, the operator shall employ at least one (1) person certified in accordance with the provisions of Article 9, Chapter 22 of the West Virginia Code, as a mine foreman-fire boss. Each applicant for certification as a mine foreman-fire boss shall, at the time he is issued a certificate of competency: (1) Be a resident or employed in a mine in this state; (2) have had at least five (5) years' experience in the underground working, ventilation and drainage of a coal mine, which shall include at least eighteen (18) months' experience on or at a working section of a underground mine or be a graduate of the School of Mines at West Virginia University or of another accredited mining engineering school with a bachelor's degree in mining engineering technology, electrical, mechanical or civil engineering; and have had at least two (2) years practical experience in an underground mine, which shall include at least eighteen (18) months' experience on or at a working section of an underground mine; or be a graduate of an accredited college or university with an associate degree in mining, electrical, mining engineering technology, mechanical engineering or civil engineering and have at least four (4) years' practical experience in an underground mine, which shall include at least eighteen (18) months' experience on or at a working section of an underground mine; and (3) have demonstrated his knowledge of dangerous mine gases and their detection, mine safety, first aid, safety appliances, state and federal mining laws and regulations and other subjects by completing such training, educations and examinations as may be required of him under these rules and regulations.2.1.b. In mines in which the operations are so extensive that the duties devolving upon the mine foreman-fire boss cannot be discharged by one man, one or more assistant mine foremen-fire bosses may be designated. Such persons shall act under the instruction of the mine foreman-fire boss, who shall be responsible for their conduct in the discharge of their duties. Each assistant so designated shall be certified under the provisions of Article 9, Chapter 22 of the West Virginia Code. Each applicant for certification as assistant mine foreman-fire boss shall, at the time he is issued a certificate of competency, posses all the qualifications required of a mine foreman-fire boss: Provided, That he shall at the time he is certified be required to have at least three (3) years' experience in the underground working, ventilation and drainage of coal mines, which shall include eighteen (18) months on or at a working section of an underground mine or be a graduate of the School of Mines at West Virginia University or of another accredited engineering school with a bachelor's degree in mining engineering technology, electrical, mechanical or civil engineering; and have had twelve (12) months' practical experience in an underground mine, all of which shall have been on or at a working section or be a graduate of an accredited college or university with an associate degree in mining, electrical, mining engineering technology, mechanical or civil engineering and have had at least two (2) years' practical experience in an underground mine, which shall include at least eighteen (18) months' experience on or at a working section of an underground mine.2.1.c. Any person holding a mine foreman's certificate issued by any other state may act in the capacity of mine foreman-fire boss in any mine in this state until the next regular mine foreman-fire boss' examination held by the department, but not to exceed a maximum of ninety (90) days.2.1.d. After the effective date of this section, all duties heretofore performed by persons certified as mine foreman, assistant mine foreman or fire boss shall be performed by persons certified as underground mine foreman-fire boss or an assistant underground mine foreman fire boss. After the effective date of this section, every certificate heretofore issued to an assistant mine foreman or fire boss shall be deemed to be equal value to a certificate issued hereafter to an assistant mine foreman-fire boss, and every certificate heretofore issued to a mine foreman shall be deemed to be equal value to a certificate issued hereafter to a mine foreman-fire boss.