Current through Register Vol. XLI, No. 25, June 21, 2024
Section 36-46-4 - Training Requirements of Rivermen Working on River Barges4.1 No operator may require or allow a riverman, in the course of his or her employment, to board a barge used for the transport of coal unless the riverman has successfully completed riverman task training promulgated by the Board of Miner Training, Education and Certification which shall include safety training, mandatory use of Ufe jackets while aboard a barge, working lines, handling materials, facing-up, proper use of wire rigging, moving barge to loadout and set-up, gaging during and after loading, precautions to gaging, placing empty barges, securing empty barges, maneuvering of barges, slack in lines, pinch points, communicating with boat operator, avoiding shadows, and transitioning from boat to barge or barge to loadout. All persons covered by this provision shall have such required training and annual re-training recorded on an MSHA 5000-23 form a copy of which shall be maintained at the facility for a period of at least one (1) year. Notwithstanding the effective date of this rule, the provisions of this subsection related to promulgation of training requirements for rivermen shall be effective on January 1,2010. 4.2 (A) No operator may require or allow any person to board a barge unless the person is wearing a life jacket approved by the United States Coast Guard. (B) No operator may require or allow any riverman to board a barge unless he or she is equipped with and trained in the use and purpose of: (1) An operable strobe Ught; and (2) A marine whistle with lanyard.(C) At all times a riverman is aboard a barge, he or she shall be equipped with a submersible, two-way communication device.4.3 Any person other than a trained riverman shall be hazard trained before boarding a barge and shall be at all times within sight and sound of a trained riverman while aboard the barge. This requirement does not apply to employees of any firm, corporation, partnership or individual solely engaged in the business of delivery or retrieval of barges to the faciHty. DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF AIR QUALITY
BRIEFING DOCUMENT
Rule Title: 36 GSR 46 - Rules and Regulations Governing the Safety of Persons in and Around River Loadouts
A. AUTHORITY:W. Va. Code § 22A-6-4B. SUMMARY OF RULE: This rule establishes safety mechanisms to assist in preventing injury to "rivermen" defined as the people employed by an operator to engage in the loading and/or inspecting of coal on a barge at the river loadoutfacilityregulatedjbytheOfficeofMiner'sHealth, Safetyand Training.
C. REQUIREMENTS: Promulgation of this rule will enhance the safety of all people engaged in the loading and or inspection of coal.