W. Va. Code R. § 36-21-4

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 36-21-4 - Instruction Of Employees And Supervision Of Apprentices; Annual Examination Of Persons Using Flame Safety Lamps; Records Of Examinations; Maintenance Of Methane Detectors, Etc

4.1. It shall be the duty of the mine foreman or assistance mine foreman of every coal mine in this state to see that every person employed to work in such mine shall, before beginning work therein, be instructed in the particular danger incident to his work in such mine and be furnished a copy of the mining laws and rules of such mine. It shall be the duty of every mine operator who employs apprentices, as that term is used in Sections 3 and 4, Articles 10, Chapter 22 of the West Virginia Code, to ensure that the apprentices are effectively supervised with regard to safety practices and to instruct apprentices in safe mining practices. Every apprentice shall work under the direction of the mine foreman or his assistant mine foreman and they shall be responsible for his safety. The mine foreman or assistant mine foreman may delegate the supervision of an apprentice to an experienced miner, but the foreman and his assistant mine foreman shall remain responsible for the apprentice. During the first ninety (90) days of employment in a mine, the apprentice shall work within sight and sound of the mine foreman assistant mine foreman or an experienced miner, and in such a location that the mine foreman, assistant mine foreman or experienced miner can effectively respond to cries for help of the apprentice. Such location shall be on the same side of any belt, conveyor or mining equipment.

No person shall be qualified for testing for methane and oxygen deficiency unless each such person has been trained and demonstrates to the satisfaction of an authorized representative of the director of the department of energy that he is qualified to test for methane with a flame safety lamp or other approved methane detectors. Records of such examinations shall be kept by the operator and the director of the department of mines.

Persons whose duties require them to use a flame safety lamp and other approved detectors, that have been qualifies by the department of energy to test for methane and oxygen deficiency, shall be examined at least annually to their competence by a certified mine foreman-fire boss and a record that such examination was given, together with pertinent data relating thereto, shall be kept on file by the operator and a copy shall be furnished to the department of energy.

Persons whose duties require them to administer the annual examinations for methane and oxygen deficiency shall be examined annually by a qualified official from the department of energy. Each operator shall provide for the proper maintenance and care of the permissible flame safety lamp or any other approved device for detecting methane and oxygen deficiency by a person trained in such maintenance, and before each shift, care shall be taken to insure that such lamp or other device is in a permissible condition. Flame safety lamps shall be given proper maintenance and inspection before each working shift in a manner recommended by the manufacturing company and approved by the Director of the Department of Energy. Other approved gas detectors shall be given proper maintenance and shall be tested in accordance with the manufacturer's recommendations before each working shift and calibrated each thirty (30) calendar days.

W. Va. Code R. § 36-21-4