W. Va. Code R. § 38-8-6

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-8-6 - Mine Evaluation for Development of the Initial Comprehensive Mine Safety Program; Submittals to Commissioner
6.1. In developing the initial comprehensive safety program, the operator shall analyze the various program components, contained in Section seven (7) of these rules and regulations, in conjunction with the evaluation criteria provided in Section 8.2 of these rules and regulations, and shall take into consideration the output of the particular mine, the number of employees of the particular mine, the location of the particular mine, or any other aspect of the particular mine deemed relevant by the operator. Based upon this analysis and evaluation of the type of safety program needed at a particular mine, the operator shall proceed to develop a comprehensive mine safety program composed of the appropriate components contained in section 7 of these rules and regulations and a plan and appropriate procedures for implementing each of the components of the program.
6.2. Each operator shall submit to the Commissioner for approval, a comprehensive mine safety program in accordance with these rules and regulations. In addition each operator shall submit the following:
1. A statement that the analysis and evaluation required by Section 6.1 of these rules and regulations has been completed;
2. A statement indicating which process the operator has selected, consistent with Section 11.1 of these rules and regulations, to permit the employees of the mine an opportunity to review and comment on the proposed program;
3. A list of safety instructors and their certifications, and/or qualifications, who will have primary responsibility for planning and conducting safety training at the mine;
4. A statement that the proposed comprehensive safety program was posted in accordance with Section 11.4 of these rules and regulations; and
5. The name of the person or persons representing the operator, including his title or position and mailing address or telephone number, who can be notified by the Commissioner for all matters concerning the operator's comprehensive mine safety program.
6.3. Within ninety (90) calendar days after submission of the initial comprehensive safety program, the Commissioner shall either approve the program as submitted, or shall reject and return the program to the operator for modification and resubmission, stating in detail the reasons for such rejection. If the program is rejected, the Commissioner shall give the operator a reasonable length of time to modify and resubmit such program.

W. Va. Code R. § 38-8-6