Current through Register Vol. XLI, No. 37, September 13, 2024
Section 36-23-3 - Definitions Unless the context in which used clearly requires a different meaning, the following definitions shall apply to these rules and regulations.
3.1. Accident. -- The term "Accident" shall mean any explosion, ignition, fire, or inundation, or injury to, or death of any person at the surface construction project.3.2. Agent. -- The term "Agent" means any person charged with the responsibility for the operation of all or a part of a surface construction project or the supervision of the employees at the surface construction project.3.3. "ANSI" -- Means the American National Standards Institute.3.4. Approved. -- The term "Approved" shall mean in strict compliance with the mining law, or in the absence of law, accepted by a recognized standardizing body or organization whose approval is generally recognized as authoritative on the subject.3.5. Authorized person. -- Means a person assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the job site.3.6. Board of Appeals. -- The term "Board of Appeals" shall mean as provided for in W. Va. Code '22-5-1.3.7. Competent person. -- Means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.3.8. Construction work. -- Means the building, rebuilding, alteration, or demolition of any facility or addition to existing facility at a surface mine or surface area of an underground mine, including painting, decoration or restoration associated with such work, and the excavation of land connected therewith, but excluding shaft and slope sinking and work performed on the surface incidental to shaft or slope sinking.3.9. Defect. -- Means any characteristic or condition which tends to weaken or reduce the strength of a tool, object, or structure of which it is a part. 3.10. Department -- The term "Department" shall mean the Office of Miners' Health, Safety and Training provided for in W. Va. Code '2A-1A-3.3.11. Designated person. -- Means "Authorized Person" as defined in paragraph 3.5 of this section.3.12. Director of Office of Miners' Health, Safety and Training -- The term "Director of Office of Miners' Health, Safety and Training" shall mean the director of Office of Miners' Health, Safety and Training provided for in W. Va. Code '22A-1A-3.3.13. Employee. -- Means a person employed by the employer at a surface construction project.3.14. Employer. -- Means an operator which employs employees at a surface construction project.3.15. Foreman. -- The term "Foreman" shall mean a person whom the employer or superintendent shall place in charge of employees at a construction project.3.16. Hazardous substance. -- Means a substance which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury.3.17. Imminent danger. -- The term "Imminent Danger" means the existence of any condition or practice at a surface construction project which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated.3.18. Mine. -- The term "Mine" includes the shafts, slopes, drifts or inclines connected with, or intended in the future to be connected with, excavations penetrating coal seams or strata, which excavations are ventilated by one general air current or divisions thereof, and connected by one general system of mine haulage over which coal may be delivered to one (1) or more points outside the mine, and the surface structures or equipment connected or associated therewith which contribute directly or indirectly to the mining, preparation or handling of coal, or construction thereof.3.19. Mine Inspector. -- The term "Mine Inspector" shall mean a state mine inspector provided for in Section 7 of Chapter 22A, Article 1A, of the Code.3.20. Mine inspectors' examining board. -- The term "Mine Inspectors' Examining Board" shall mean the mine inspectors' examining board provided for in Section 1 of Chapter 22, Article 11, of the Code.3.21. Operator. -- The term "Operator" shall mean any firm, corporation, partnership or individual operating any coal mine or part thereof, or engaged in the construction of any facility associated with a coal mine.3.22. Production Operator. -- Shall mean any owner, lessee, or other person who operates, controls, or supervises a coal mine.3.23. Qualified. -- Means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work or the project.3.24. SAE. -- Means Society of Automative Engineers.3.25. Safety factor. -- Means the ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use.3.26. Shall. -- Means mandatory.3.27. Should. -- Means recommended.3.28. Suitable. -- Means that which fits and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstances.3.29. Superintendent. -- The term "Superintendent" shall mean the person in charge of a surface construction project.3.30. Supervisor. -- The term "Supervisor" shall mean a superintendent, foreman, assistant foreman, or any person specifically designated by the employer to supervise work or employees and who is acting pursuant to such specific designation and instructions.3.31. Surface construction worker. -- The term "Surface Construction Worker" means "Employee" as defined in paragraph 3.13. of this section.3.32. Surface construction project. -- The term "Surface Construction Project" shall mean any construction work being performed on the surface of any underground coal mine or surface coal mine by an employer, but shall not include any work performed on the surface incidental to shaft or slope sinking.