Statutes, codes, and regulations
West Virginia Administrative Code
Agency 36 - Coal Mine Health And SafetyTitle 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY
Series 36-13 - Rules And Regulations Governing The Authority, Accountability, And Responsibility Of Underground Mine Foremen; Responsibility Of Operator In Relation To Mine
Section 36-13-4 - Authority, Accountability, and Responsibility of Underground Mine Foremen; Responsibility of Operator in Relation to Mine Foremen; and Regulatory Review Procedures

W. Va. Code R. § 36-13-4

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Current through Register Vol. XLI, No. 43, October 25, 2024
Section 36-13-4 - Authority, Accountability, and Responsibility of Underground Mine Foremen; Responsibility of Operator in Relation to Mine Foremen; and Regulatory Review Procedures
4.1. The mine foreman shall notify, in writing, the operator or superintendent of the mine, and the Director of the Department of Energy, of his inability to comply with any of the requirements of this law, and it shall then become the duty of such operator or superintendent promptly to attend to the matter complained of by the mine foreman so as to enable him to comply with the provisions hereof. Every operator of a mine shall furnish all supplies necessary for the mine foremen to comply with the requirements of this law after being requested to do so in writing by the mine foreman.
4.2. In the performance of the statutory duties delegated to mine foremen, or certified persons acting as such, they shall have no superior officers, and all employees working inside of such mine or mines shall be subordinate to them in their particular work.

Mine foremen and assistant mine foremen are statutory officers and in the performance of there statutory duties are representatives of the State. No one shall obstruct the mine foremen or assistant mine foremen in the fulfillment of any of the duties assigned to him by Chapter 22A.

4.3. The Director of the Department of Energy shall provide each operator and the mine foreman at each mine site with a copy of newly promulgated regulations and changes to regulations, as soon as practicable but no later than fourteen (14) days after the date on which the regulations become effective. The Director shall also provide each operator and the mine foreman at each mine site with a copy of all relevant State court decisions, and interpretations of regulations by the Director, as soon as practicable but no later than thirty (30) days after the date such material is issued. The Director will identify those persons with whom the material is to be reviewed at the mine site.

W. Va. Code R. § 36-13-4