Current through Register Vol. XLI, No. 24, June 14, 2024
Section 36-23-9 - Duties of Certified Supervisor or Competent Person9.1. The supervisor or competent person shall examine within the first four (4) hours of a working shift, the working places of a construction project for unsafe working conditions, and make sure appropriate action is taken to either correct, or prevent exposure of employees to, unsafe conditions.9.2. The results of such examination shall be recorded in a prescribed book approved by the Director. The supervisor or competent person shall make sure that reasonable action is taken to abate the violation of any rule or regulation which comes to his attention, provided nothing herein shall prevent an employer from contesting an alleged violation. The production operator will receive written documentation of the results of the examination required in 9.1 within 24 hours of the end of each shift. The documentation will show when the examination was made, conditions found and action taken. All records as prescribed herein shall be open for inspection by interested persons and maintained for at least one year.9.3. The supervisor or competent person shall make sure that all notices required by a rule or regulation are properly posted, and that a copy of the rules and regulations promulgated by the Coal Mine Health and Safety Board are available at the project.9.4. The supervisor or competent person shall make sure that new employees are warned about hazards inherent to the type of work they will perform, and instructed in safety procedures.9.5. The supervisor or competent person shall make sure that procedures are followed that assure all first aid supplies and equipment are adequately maintained.9.6. The supervisor or competent person shall make sure that procedures are implemented to keep unauthorized persons off the surface construction project site.9.7. The employer may designate one (1) or more certified supervisors to perform any of the duties specified in this Section.9.8. At each construction operation there shall be a bulletin board at some conspicuous place on the construction site, in such a manner that notices, orders, and decisions required by Chapter 22A of the West Virginia Code or Regulation to be posted on the bulletin board may be posed thereon, be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal.