Current through Register Vol. XLI, No. 38, September 20, 2024
Section 48-6-2 - Criteria for Certification of Surface Mine Foremen in West Virginia2.1. In every surface mine where five (5) or more persons are employed in a period of twenty-four (24) hours, the operator shall employ at least one (1) person certified in accordance with the provisions of Article 9 of this Chapter as a mine foreman. Each applicant for certification as a mine foreman shall, at the time he is issued a certificate of competency: 2.1.a. Be a resident or employed in a mine in this state;2.1.b. Have had at least three (3) years experience in surface mining, which shall include at least eighteen (18) months experience on or at a working section of a surface mine or be a graduate of the School of Mines at West Virginia University, or of another accredited Mining Engineering School and have had at least two (2) years practical experience on a surface mine, which shall include at least eighteen (18) months experience on or at a working section of a surface mine; and2.1.c. Have demonstrated his knowledge of Mine Safety, First-Aid, Safety Appliances, Emergency Procedures relative to all equipment, State and Federal mining laws and regulations and other subjects by completing such training, education and examinations as may be required of him under Article 9 of this Chapter.2.2. In surface mines in which the operations are so extensive that the duties devolve upon the mine foreman cannot be discharged by one (1) man, one (1) or more Assistant mine foreman may be designated. Such persons shall act under the instruction of the mine foreman who shall be responsible for their conduct in the discharge of their duties. Each assistant so designated shall be certified under the provisions of Article 9 of this Chapter. Each applicant for certification as Assistant Mine Foreman shall at the time he is issued a certificate of competency, possess all of the qualifications, be required to have at least two (2) years experience in surface mining, which shall include eighteen (18) months on or at a working section on a surface mine or be a graduate of the School of Mines at West Virginia University or of another accredited Mining Engineering School and has had twelve (12) months practical experience in a surface mine; all of which shall have been on or at a working section.2.3. An applicant for certification as a surface mine foreman may receive certification in the State of West Virginia if such applicant:2.3.a. Is a resident or employed in a mine in this state;2.3.b. Has had at least three (3) years experience as a supervisor on or at a working section of a surface mine;2.3.c. Is the holder of a valid temporary surface mine foreman certification issued to such applicant by the Federal Government; and2.3.d. Has demonstrated his knowledge of mine safety by completing such gas testing, and flame safety lamp assembly examinations as required by the Commissioner of the West Virginia Department of Energy.