Current through Register Vol. XLI, No. 21, May 23, 2024
Section 56-3-25 - Certification of Surface Mine Foreman25.1. 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 W. Va. Code § 22A-37-1 as a mine foreman. 25.1.1. Each applicant for certification as a mine foreman shall, at the time the applicant is issued a certificate of competency:25.1.1.a. Be a resident or employed in a mine in this state;25.1.1.b. Have had at least three (3) years experience in surface mining:25.1.1.b.1. Which shall include at least eighteen (18) months experience on or at a working section of a surface mine; or25.1.1.b.2. Be a graduate of the school of mines at West Virginia University or of another accredited mining engineering school; and25.1.1.b.3. Have had at least two (2) years practical experience in a surface mine, which shall include at least eighteen (18) months experience on or at a working section of a surface mine; and25.1.1.b.4. Have demonstrated a knowledge of mine safety, first aid, safety appliances, emergency procedures relative to all equipment, state and federal mining laws and other subjects by completing such training, education and examinations as may be required of the applicant under W. Va. Code § 22A-1-37.25.2. In surface mines in which the operations are so extensive that the duties devolving upon the mine foreman cannot be discharged by one (1) person, one (1) or more assistant mine foreman may be designated. 25.2.1. Such person shall act under the instruction of the mine foreman who shall be responsible for the person's conduct in the discharge of his/her duties.25.2.2. Each assistant so designated shall be certified under the provisions of W.Va. Code § 22A-1-37.25.2.3. Each applicant for certification as assistant mine foreman shall, at the time the applicant is issued a certificate of competency, possess all of the qualifications required of a mine foreman. 25.2.3.a. The applicant shall, at the time he/she is certified, 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 of a surface mine;25.2.3.b. Or be a graduate of the school of mines at West Virginia University or of another accredited mining engineering school and have had twelve (12) months practical experience in a surface mine, all of which shall have been on or at a working section.25.3. The director shall promulgate such rules as may be necessary to carry out the provisions of W. Va. Code § 22A-1-37.25.4. Any person holding a mine foreman's certificate issued by any other state may act in the capacity of mine foreman in any mine in this state until the next regular mine foreman examination held by OMHST, but not to exceed a maximum of ninety (90) days.