W. Va. Code R. § 56-3-30

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-3-30 - Excavating
30.1. Loose material removal. -- Loose hazardous material shall be stripped for a safe distance (minimum of fifteen (15) feet), except where vegetation is required to support the slope from the top of pit or high walls, and the loose unconsolidated material shall be sloped to the angle of repose, or barriers, baffle boards, screen, or other approved devices that afford equivalent protection.
30.2. Benches. -- When a bench is required to insure safe operations, the width and height of the bench shall be governed by the type of equipment to be used and the operations to be performed, type of material and height of wall.
30.3. High wall and spoil bank work areas.
30.3.1. The high wall shall be sloped or benched when required by OMHST to preventer minimize the danger of slide.
30.3.1.a. All overhanging ledges and loose material shall be scaled from the high wall.
30.3.1.b. When scaling of high walls is necessary to correct conditions, a safe means shall be provided to perform such work.
30.3.2. When the high wall is cracked and shows evidence of movement, or of weakening, the area shall be made safe or abandoned and dangered off.
30.3.3. Tree send angering workers along high walls shall be removed. Such work shall be completed during daylight hours.
30.3.4. Spoil banks shall be placed an adequate distance from the pit to prevent any material from rolling back and endangering the workers.
30.3.4.a. Spoils shall be kept free of bodies of water which would be hazardous in active work areas.
30.3.4.b. Spoil material shall be sloped to the angle of repose or other measures taken to prevent the material from slothing, sliding, or rolling into the pit.
30.3.5. Persons, other than those designated to correct unsafe conditions, shall not work near or under dangerous high walls or banks.
30.3.6. During bench loading, adequate precautions shall be taken to prevent equipment from going over a high wall.
30.4. Examinations.
30.4.1. Should a slide occur, a certified foreman or assistant shall examine the area of the slope for danger of additional slides.
30.4.2. No person shall work in the area until the examination is complete and the area declared safe.
30.5. Repairs in excavation areas.
30.5.1. Special safety precautions shall betaken when persons are required to perform repair work between immobilized equipment and within twenty (20) feet of the high wall or spoil bank where such equipment may hinder escape from falls or slides.
30.5.2. A competent person shall be designated to observe the high wall or spoil bank.
30.5.3. If equipment is mobile and repair work is necessary on such equipment, such equipment will be moved to a location out by the high wall or spoil bank.
30.6. Tree removal. -- When workers are in the area, suitable warning shall be given before equipment shoves over or uproots trees, and workers shall be removed from the immediate vicinity.
30.7. Night work. -- When surface mining is performed at night, the pit in the vicinity of the work shall be adequately illuminated.
30.8. Ground Control Plan. -- The MSHA-approved surface ground control plan shall serve as the state-approved plan, and the operator, upon approval by MSHA, shall provide a copy of the MSHA-approved surface ground control plan to the director.

W. Va. Code R. § 56-3-30