Current through Register Vol. XLI, No. 25, June 21, 2024
Section 36-19-3 - [Effective until 7/1/2024] Definitions3.1. All terms used in these rules and regulations, not defined herein, shall have the meanings set forth in W. Va. Code '22A-1A-1.3.2. Accident - The term Aaccident@ means: (1) A death of an individual at a mine;(2) An injury to an individual at a mine which has a reasonable potential to cause death;(3) An entrapment of an individual for more than thirty (30) minutes;(4) An unplanned inundation of a mine by a liquid or gas;(5) An unplanned ignition or explosion of gas or dust;(6) An unplanned ignition or explosion of a blasting agent or an explosive;(7) An unplanned fire in or about a mine not extinguished within five (5) minutes of ignition;(8) An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage;(9) A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one (1) hour;(10) An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which cause individuals to evacuate an area; or, failure of an impoundment, refuse pile, or culm bank;(11) Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than thirty (30) minutes;(12) An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs;3.3. Serious Personal Injury - An event at a mine which causes bodily injury to an individual which requires such individual to be admitted to a medical facility overnight for reasons other than strains, sprains or observation as determined by a physician.3.4. Occupational Injury - The term Aoccupational injury@ means any injury to a miner which occurs at a mine for which medical treatment is administered, or which results in death or loss of consciousness, inability to perform all duties on any day after an injury, temporary assignment to other duties, or transfer to another job.