W. Va. Code R. § 36-20-4

Current through Register Vol. XLI, No. 43, October 25, 2024
Section 36-20-4 - Independent Contractor Register
4.1.
(a) Ninety (90) days following the effective date, all independent contractors as defined in subsection 3.1(b) of these rules and regulations shall register with the Office of Miners' Health, Safety and Training and re­ceive a contractor identification number be­fore performing services or construction work at coal mines in this state.
4.2.
(a) To register, all independent con­tractors shall provide the Office of Miners' Health, Safety and Training the following information on forms provided by the Office of Miners' Health, Safety and Training:
(1) The independent contractor's trade name, business address, and business telephone;
(2) A general description of the nature of the work to be performed by the independent contractor; and
(3) The independent contractor's address of record for service of citations, or other documents involving the independent contractor.
(b) If any of the above information changes, the independent contractor shall advise the Office of Miners' Health, Safety and Training of such change within 30 days.
(c) Upon receipt of the above infor­mation the Office of Miners' Health, Safety and Training shall issue a contractor identifi­cation number. Prompt issuance of the con­tractor identifi­cation number shall not be unreasonably withheld.
4.3.
(a) Prior to performing work at the mine, each independent contractor shall pro­vide the production-operator the information contained in subsection 4.2(a), along with a valid contractor certificate of approval.
(b) Prior to performing construction work as defined by 36-23-3.8 at each mine, the independent contractor shall notify the regional office of the Office of Miners' Health, Safety and Training for the region in which such mine is located, and provide the following informa­tion:
(1) The name and address of the operator for whom the services or construction are being performed;
(2) The type of work the inde­pendent contractor will be performing;
(3) The location of the work site;
(4) The scheduled starting date the independent contrac­tor will begin the work; and
(5) The approximate length of time to complete the project.
(c) In the event contractors are needed to perform emergency work, the Office of Miners' Health Safety and Training will be notified when practical, but notification will not exceed 24 hours.
4.4. Each production-operator shall maintain in writing at the mine the informa­tion required by subsections 4.3 and 8.1 for each independent contractor at the mine. The production-operator shall provide upon re­quest, the above information to an authorized representative of the director and representa­tive of miners or interested parties.

W. Va. Code R. § 36-20-4