Current through Register Vol. XLI, No. 25, June 21, 2024
Section 36-44-2 - Mine Rescue Requirements for the Office of Miners' Health, Safety and Training2.1. The Director shall develop a mine emergency operation plan for the mine rescue teams that represent the Office of Miners' Health, Safety and Training that would include but is not limited to the following criteria: 2.1.1. Establish and maintain two (2) mine rescue stations within the Office of Miners' Health, Safety and Training; one (1) located in the Northern area of the state, and one located in the Southern area of the state, at locations determined by the Director.2.1.2. To establish one (1) fully trained mine rescue team per each Office of Miners' Health, Safety and Training regional office.2.1.3. The members assigned to the mine rescue and recovery work may be inspectors, instructors or other qualified employees of the office as the Director deems necessary. The Director shall employ additional employees as he/she deems necessary to fulfill the requirement of this Section.2.1.4. To provide the necessary fully equipped mine rescue vehicles for each Office of Miners' Health, Safety and Training mine rescue station that would include but is not limited to cell phones, satellite telephone, landline telephones (teleconferencing), on-site radios and fax/copy machines, computers with mine mapping software (CAD) and modems; and any other equipment deemed necessary by the Director.2.1.5. To purchase new additional mine rescue equipment including but not limited to mask mounted radio connections and permissible radios for underground wireless communications; new lifeline/ communications reels with a "down hole" speaker microphone system; new additional handheld gas detectors and infra-red and electrochemical gas monitoring equipment, gas sampling tubing, satellite telephones and four channels of seismic inputs (geophones); and any other equipment as deemed necessary by the Director.2.2. As used in this Section, mine rescue teams shall be considered available where teams are capable of presenting themselves at the mine site(s) within a reasonable time after notification of an occurrence which might require their services. Rescue team members will be considered available even though performing regular work duties or while in an off-duty capacity.2.2.1. In the event of a fire, explosion, or recovery operations in or about any mine, the Director is hereby authorized to assign any mine rescue team to said mine to protect and preserve life and property. The Director may also assign mine rescue and recovery work to inspectors, instructors or other qualified employees of the office as he or she deems necessary.2.2.2. The agency's mine rescue team members shall be considered "duly qualified emergency service workers" as defined in W. Va. Code § 15-5-11.2.2.3. Each mine rescue team shall consist of five (5) members and one (1) alternate, who are fully qualified, trained and equipped for providing emergency mine rescue services. Each mine rescue team shall be trained by a state certified mine rescue instructor.2.2.4. Each member of a mine rescue team must have been employed in an underground mine for a minimum of one (1) year. For the purpose of mine rescue work only, miners who are employed on the surface but work regularly underground meet the experience requirement. The underground experience requirement is waived for those members of a mine rescue team on the effective date of this rule.2.2.5. An applicant for initial agency mine rescue training shall pass on at least an annual basis, a physical examination by a licensed physician certifying his or her fitness to perform mine rescue work. A record that such examination was taken, together with pertinent data relating thereto, shall be kept on file by the Director. A team member requiring corrective eyeglasses will not be disqualified provided the eyeglasses can be worn securely within an approved facepiece.2.2.6. In determining whether an applicant is physically capable of performing mine rescue duties, the physician shall take the following conditions into consideration: 2.2.6.a. Seizure disorder;2.2.6.b. Perforated eardrum;2.2.6.c. Hearing loss without a hearing aid greater than 40 decibels at 400, 1000, and 2000 Hz;2.2.6.d. Repeated blood pressure reading (controlled or uncontrolled by medication) which exceeds 160 systolic, or 100 diastolic, or which is less than 105 systolic, or 60 diastolic;2.2.6.e. Distant visual acuity (without glasses) less than 20/50 Snellen scale in one eye, and 20/70 in the other;2.2.6.h. Absence of a limb or hand; or2.2.6.i. Any other condition which the examining physician determines is relevant to the question of whether the miner is fit for rescue team service.2.2.7. Upon completion of the initial training, all agency's mine rescue team members shall receive at least ninety-six (96) hours of refresher training annually.2.2.8. Each member of a mine rescue team shall be examined annually by a physician who shall certify that each person is physically fit to perform mine rescue and recovery work for prolonged periods under strenuous conditions.