W. Va. Code R. § 56-3-26

Current through Register Vol. XLI, No. 21, May 23, 2024
Section 56-3-26 - Instruction of Employees and Supervision of Apprentices; Annual Examinations of Persons Using Approved Gas Detectors; Records of Examination; Maintenance of Gas Detectors, Etc
26.1. It shall be the duty of the mine foreman or the assistant mine foreman of every coal mine in this state to see that every person employed to work in such mine shall, before beginning work therein, be instructed in the particular danger incident to the person's work in such mine, and be furnished a copy of the mining laws of this state and rules of such mine.
26.2. No person shall be qualified for testing for methane and for oxygen deficiency unless each such person has been trained and demonstrates to the satisfaction of an authorized representative of the director that the person is qualified to test for methane with an approved gas detector. Records of such examinations shall be kept by the operator and the director.
26.3. Persons whose duties require them to use approved gas detectors, that have been qualified by OMHST to test for methane and oxygen deficiency, shall be examined at least annually to their competence by a certified mine foreman and a record that such examination was given, together with pertinent data relating thereto, shall be kept on file by the operator and a copy shall be furnished to OMHST.
26.4. Persons whose duties require them to administer the annual examinations for methane and oxygen deficiency shall be examined annually by a qualified official from the OMHST.
26.5. Each operator shall provide for the proper maintenance of each detector, and before each shift, care shall be taken to insure that such detector is in a permissible condition.
26.6. Gas detectors shall be given proper maintenance and inspection before each working shift in a manner recommended by the manufacturing company and approved by the director.
26.7. Other approved gas detectors shall be given proper maintenance and shall be tested in accordance with the manufacturer's recommendations before each working shift and calibrated every thirty (30) calendar days.
26.8. Job assignments to any miner.
26.8.1. When a job assignment is given to any miner that the person has not performed in the recent past, or if any person is inexperienced in the particular job assignment, the person shall be instructed in the hazards incident thereto and the law and rules relevant thereto prior to performing any duties in such job assignment.
26.8.2. When the job assignment includes the operation of equipment, the instruction shall include a supervised dry run.
26.8.3. When the job assignment relates to a plan in effect at the mine, the relevant portions of the plan shall be reviewed.
26.8.4. A record shall be kept of such instruction required under this subsection.

W. Va. Code R. § 56-3-26