W. Va. Code R. § 56-3-27

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-3-27 - Mine Foreman and Assistant Mine Foreman; Daily Inspection of Working Places; Records
27.1. Pre-shift examination.
27.1.1. Prior to the beginning of any shift the mine foreman or assistant mine foreman shall visit and carefully examine high walls in the working area and spoil piles for cracks, loose materials, overhanging ledges, and other dangerous conditions.
27.1.2. Upon completion of the examination, the foreman shall record the results in a book prescribed by the director, at the designated station at the surface mine before persons enter the working area of the mine.
27.1.3. The operator shall have weekly safety meetings with all employees which shall provide training in the working practices and conditions at the mine and rules applicable thereto.
27.2. On-shift examination.
27.2.1. The mine foreman or assistant mine foreman shall examine all working places in the pit under his/her supervision for hazards at least once every four (4) hours during each working shift, or more often if necessary for safety.
21.2.2. It shall further be the duty of the mine foreman or the assistant mine foreman to carefully examine the haulage roads in the pit area for slips, cracks, overhanging trees and other dangerous conditions during his/her pre-shift and on-shift examinations.
27.3. Dangerous conditions.
27.3.1. Should the mine foreman or his/her assistants find a place to be in a dangerous condition, he/she shall not leave the place until it is made safe, or shall remove the persons working therein until the place is made safe by some competent person designated for that purpose.
27.3.2. The mine foreman shall also record any dangerous conditions and practices found during his/her examination in a book provided for that purpose.
27.4. Close deep operations.
27.4.1. When a surface mine operation is known to be close to an active underground mine, the mine foreman or superintendent shall give the official representative of the underground mine at least twelve (12) hours notice in advance of any contemplated blasting that may endanger the safety of persons employed in the underground mine.
27.5. Instructions.
27.5.1. The mine foreman shall see that every person employed to work at such mine shall, before beginning work therein:
27.5.1.a. Be instructed in the particular dangers incident to his/her work in such mine; and
27.5.1.b. Be furnished a copy of the state surface mining rules.
27.6. Records of examinations.
27.6.1. All violations or hazardous conditions and the action taken to correct such violations or conditions including the pre-shift and on-shift examinations shall be recorded with ink or indelible pencil in a book prescribed by the director, kept for such purpose at a place at the surface mine designated by mine management.
27.6.2. All records of daily and weekly reports as prescribed herein, shall be open for inspection by interested persons, and the record book shall be kept for a period of one (1) year.
27.7. It shall be the duty of the mine foreman, assistant mine foreman to examine each mine within three (3) hours prior to the beginning of a shift and before any miner on such shift enters the active workings of the mine.
27.8. The mine foreman shall give prompt attention to the removal of all dangers reported to him/her by his/her assistants, or any other person working in the mine, and in case it is impracticable to remove the danger at once, the mine foreman shall notify all persons whose safety is menaced thereby to remain away from the area where the dangerous condition exists.

W. Va. Code R. § 56-3-27