W. Va. Code R. § 48-2-2

Current through Register Vol. XLI, No. 38, September 20, 2024
Section 48-2-2 - Criteria For Health And Safety Training Program For Prospective Underground Coal Miners In West Virginia
2.1. An approved training program must, at a minimum, include the topics described in the course outline in Section 3 and meet the training objectives specified in Section 4. The time distribution for the subjects is a suggested one which vary as long as the training objectives are achieved.
2.2. Any participating center may suggest modifications in the course outline, but such modifications must be approved by the Board of Coal Mine Health and Safety. (See Section 5 for Training Program Approval Procedures.)
2.3. Training centers which offer this instruction may obtain the training materials developed specifically for the program from the West Virginia Office of Miners' Health Safety and Training. Alternatively, a center may elect to develop or use its own materials which must be approved by the Board of Coal Mine Health and Safety. (See Section 5 for Training Program Approval Procedures.)
2.4. Instructors for this program must be approved by the West Virginia Office of Miners' Health, Safety and Training as having demonstrated sufficient experience and/or knowledge of underground mining. (See Section 6 for Instructor Approval Procedures.)
2.5. The equipment necessary to implement this training is: appropriate equipment to present the Office of Miners' Health, Safety and Training course material; self-contained self-rescuer trainers; personal safety equipment (e.g., I.D. tags, miner's belt; hard hat; respirator; safety glasses; cap light; gloves; knee pads; boots; hearing protectors); simulation device for artificial respiration; splints; bandages; sample electrical cables, section light; personal dust sampler; slate bar; and sounding tool. Suggested equipment: 3-dimensional miniature scale model mine (cutaway); sample defective and non-defective hand tools; box for sounding demo; resin bolts; roof bolts; resin; rockdust sampler; stretcher; broken-back board; shovel; mine fuses; circuit breaker panel; sample electrical switches; methane (appropriate substitute); sample mine map; and a sample roof control plan. Access to an underground mine facility is desirable.
2.6. Any person, regardless of race, creed, color, national origin, sex or age is eligible for the training program. But it should be understood by all prospective trainees that upon completion of the training program and receipt of the permit of apprenticeship, employment within the coal industry is not guaranteed. Each trainee will still be subject to their prospective employer's physical examination requirements and other employment standards. The Board of Coal Mine Health and Safety assumes compliance with all equal opportunity employment requirements.
2.7. Issuance and Expiration of Initial Apprentice Miner's Cards.
2.7.1. Upon completion of the approved eighty (80) hour pre-employment training program, a permit of apprenticeship shall be issued to any person who scores at least eighty percent (80%) on the final examination administered by the West Virginia Office of Miners' Health, Safety and Training, provided that such person passes the examination within forty-five (45) days after completing the eighty (80) hour program.
2.7.2. The apprentice miner's card is valid for one (1) year.
2.7.3. If an apprentice begins apprenticeship ("On The Job") training as a miner prior to the expiration date on the apprentice miner card, the card will remain valid until the completion of the apprenticeship training, provided, that such training is continuous and a miner's card is obtained within eight (8) months.
2.7.4. If the apprentice does not begin apprenticeship ("On The Job") training as a miner prior to the expiration date on the apprentice miner card, the card will become invalid on the expiration date.
2.7.5. Any prospective miner who does not score at least eighty percent (80%) on the initial apprenticeship miners examination will be given a second opportunity to retake such examination, provided that such person retakes and passes the exam within forty-five (45) days after completing the eighty (80) hour program. In the event of failure on the second opportunity the prospective miner must repeat the approved eighty (80) hour pre-employment training program in order to retake the examination.
2.8. Issuance and Expiration of Renewed Apprentice Miner's Cards.
2.8.1. Apprentice miner's card may be renewed by retaking and passing with a score of a least eighty percent (80%) on the appropriate apprenticeship examination.
2.8.2. The renewed apprentice miner's card is valid for one (1) year.
2.8.3. If an apprentice begins apprenticeship ("On The Job") training as a miner prior to the expiration date on the renewed apprentice miner card, the card will remain valid until the completion of the apprenticeship training, provided that such training is continuous and a miner's certificate is obtained within eight (8) months.
2.8.4. If the apprentice does not begin apprenticeship ("On The Job") training as a miner prior to the expiration date on the renewed apprentice miner card, the card will become invalid on the expiration date.
2.8.5. Any prospective miner who does not score at least eighty percent (80%) on the apprenticeship miner's examination in order to renew his/her apprentice certificate will be given a second opportunity to retake the examination, provided that such person retakes and passes the exam within thirty (30) days. In the event of failure to retake or pass the examination on the second opportunity, the prospective miner must repeat the approved eighty (80) hour pre-employment training program in order to retake the examination.
2.9. Guidelines for Issuing Underground Miner's Certification.
2.9.1. A certificate of competency and qualification as an underground miner shall be issued to any person who has successfully completed the eighty (80) hour apprenticeship program and has at least six (6) months total experience and one hundred eight (108) shifts worked as an apprentice miner within this State and demonstrated his/her competence as a miner by scoring at least eighty percent (80%) on the underground miner's certification examination.
2.9.2. Any miner with at least six (6) months and one hundred eight (108) shifts verified experience in a coal mine in another state, and having in their possession a first-aid certificate is eligible to take the underground miner certification examination without attending and completing the approved eighty (80) hour pre-employment training program. If the miner passes the examination with a score at least eighty percent (80%), then that miner will be issued an underground miner's certificate. If any miner fails to achieve a score of eighty percent (80%) on the second attempt, then such miner will be required to complete the approved eighty (80) hour pre-employment training program.
2.9.3. Any miner with less than six (6) months and one hundred eight (108) shifts experience in another state must complete the eighty (80) hour pre-employment training program and work as an apprentice miner: however, the experience obtained in another state may be applied toward the six (6) month and one hundred eight (108) shifts apprenticeship period.

W. Va. Code R. § 48-2-2