Current through Register Vol. XLI, No. 43, October 25, 2024
Section 36-57-5 - Care, Maintenance, and Performance Minimum for Proximity Detection Systems5.1. Proximity detection system checks. 5.1.1. Operators must: 5.1.1.a. Designate a person who must perform a check of machine-mounted components of the proximity detection system to verify that components are intact, that the system is functioning properly, and take action to correct defects:5.1.1.a.1. At the beginning of each shift when the machine is to be used; or5.1.1.a.2. Immediately prior to the time the machine is to be operated if not in use at the beginning of a shift; or5.1.1.a.3. Within one (1) hour of a shift change if the shift change occurs without an interruption in production.5.1.1.b. Check for proper operation of miner-wearable components at the beginning of each shift that the components are to be used and correct defects before the components are used.5.2. Certifications and records. 5.2.1. The operator must make and retain certifications and records as follows: 5.2.1.a. At the completion of the check of machine-mounted components required under Subsection 5.1.1. of this Section, a certified person, as defined in W. Va. Code § 22A-1-2, must certify by initials, date, and time that the check was conducted. Defects found as a result of the check, including corrective actions and dates of corrective actions, must be recorded before the end of the shift;5.2.1.b. Make a record of the defects found as a result of the check of miner-wearable components required under Subdivision 5.1.1.b. of this Section, including corrective actions and dates of corrective actions;5.2.1.c. Make a record of the persons trained in the installation and maintenance of proximity detection systems required under Subsection 3.2.6. of this Section;5.2.1.d. Maintain records in a secure book or electronically in a secure computer system not susceptible to alteration and capable of producing a record; and5.2.1.e. Retain records for at least one (1) year and make them available for inspection by the Director, or his/her authorized representative, or interested persons as defined by W. Va. Code § 22A-1-2.5.3. The Director shall impose all applicable penalties pursuant to W. Va. Code § 22A-1-21 on any person that, without the authorization of the operator or the Director or the Director's authorized representative, knowingly tampers or attempts to tamper with a proximity detection system or related equipment approved by the Director.