Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-2-2 - Definitions2.1. Unless the context in which a word or phrase appears requires a different meaning, all terms used in this rule that are not defined herein shall have the meanings set forth in W. Va. Code §22A-1-2.2.2. "Backcut" (felling cut) shall mean the final cut in a felling operation.2.3. "Ballistic Nylon" shall mean a nylon fabric of high tensile properties designed to provide protection from lacerations.2.4. "Butt" shall mean the bottom of the felled part of a tree.2.5. "Clearing Crew" (Land Clearing) shall mean persons employed by the mine operator or independent contractor to clear and grub vegetation in preparation of, or during, mining operations.2.6. "Chock" shall mean a block, often wedge shaped, which is used to prevent movement.2.7. "Competent Person" shall mean a person designated by the mine operator or independent contractor who has a minimum of 12 months experience in the clear cutting industry and is familiar with the normal hazards associated therein.2.8. "Danger Tree" shall mean a standing tree that presents a hazard to employees due to conditions such as, but not limited to, deterioration or physical damage to the root system, trunk, stem or limbs, and the direction and lean of the tree.2.9. "Designated Person" shall mean an employee who has the requisite knowledge, training and experience to perform specific duties.2.10. "Director" shall mean the Director of the Office of Miners' Health, Safety and Training or his or her authorized representative provided for in W. Va. Code §22A-1-3.2.11. "Domino felling" shall mean partial cutting of multiple trees which are left standing and then pushed over with a pusher tree.2.12. "Employer" shall mean the person or entity that directly employs the clearing crew. It may be an independent contractor or in some cases it may be the production operator.2.13. "Fell" (fall) shall mean to cut down trees.2.14. "Feller" (faller) shall mean an employee who fells trees.2.15. "Grounded" shall mean the placement of a component of a machine on the ground or on a device where it is firmly supported.2.16. "Guarded" shall mean covered, shielded, fenced, enclosed, or otherwise protected by means of suitable enclosures, covers, casings, shields, troughs, railings, screens, mats, or platforms, or by location, to prevent injury.2.17. "Independent Contractor" shall mean any firm, corporation, partnership or individual that contracts to perform services or construction at a coal mine.2.18. "Limbing" shall mean to cut branches off felled trees.2.19. "Lodged Tree" (hung tree) shall mean a tree leaning against another tree or object which prevents it from falling to the ground.2.20. "Machine" shall mean any vehicle (such as a car, bus, truck, trailer, or semi-trailer owned, leased or rented by the employer that is used for transportation of employees or movement of material), or any piece of stationary or mobile equipment having a self-contained power plant that is operated off-road and used for the movement of material. Machines include, but are not limited to, tractors, skidders, front-end loaders, scrapers, graders, bulldozer and mechanical felling devices, such as tree shears and feller bunchers. Machines do not include airplanes or aircraft (e.g., helicopters).2.21. "Production Operator" shall mean any owner, lessee or other person who operates, controls or supervisors at a coal mine.2.22. "Rated Capacity" shall mean the maximum load a system, vehicle, machine, or piece of equipment was designed by the manufacturer to handle.2.23. "Root Wad" shall mean the ball of a tree root and dirt that is pulled from the ground when a tree is uprooted.2.24. "Serviceable Condition" shall mean a state or ability of a tool, machine, vehicle or other device to operate as it was intended by the manufacturer to operate.2.25. "Slope" (grade) shall mean the increase or decrease in altitude over a horizontal distance expressed as a percentage. For example, a change of altitude of 20 feet (6 m) over a horizontal distance of 100 feet (30 m) is expressed as a 20 percent slope.2.26. "Snag" shall mean any standing dead tree or portion thereof.2.27. "Spring Pole" shall mean a tree, segment of a tree, limb, or sapling, which is under stress, or tension due to the pressure or weight of another object.2.28. "Tie Down" shall mean chain, cable, steel strips or fiber webbing and binders attached to a truck, trailer or other conveyance as a means to secure loads and to prevent them from shifting or moving when they are being transported.2.29. "Undercut" shall mean a notch cut in a tree to guide the direction of the tree fall and to prevent splitting or kickback.2.30. "Winching" shall mean the winding of cable or rope onto a spool or drum.