W. Va. Code R. § 56-3-42

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 56-3-42 - Miscellaneous Safety Provisions

42.1. Immediately prior to the beginning of each working shift, all equipment except licensed vehicles subject to state highway inspection requirements shall be examined by the equipment operator or a mechanic if designated by the foreman in charge of the operation daily for safety defects.

42.1.1. The person performing such examination shall record his/her findings in ink or indelible pencil on a form approved by the director.

42.1.1.a. The form shall be given to the mine foreman or the mine foreman's assistant within four (4) hours after the beginning of the start of the working shift.

42.1.2. The person performing the above examination shall sign the report form and the foreman receiving such form, shall initial upon receipt.

42.1.3. A record of all above such examinations shall be maintained for thirty (30) days and made available to an authorized representative of the director and to the miners at the mine.

42.1.4. Immediately prior to the beginning of each working shift, equipment operated by independent contractors in the removal of coal and overburden on a surface mine shall be examined by the equipment operator for safety defects.

42.1.4.a. The person performing such examination shall record his/her findings in ink or indelible pencil on a form approved by the director.

42.1.4.b. The form shall be signed by the person performing the examination; and

42.1.4.c. The form shall remain with the vehicle for thirty (30) days; and

42.1.4.d. Upon request the form will be made available to an authorized representative of the director.

42.1.5 Imminent danger equipment defects shall be corrected before the equipment is put into operation.

42.2. Operation of shovel, draglines, tractors, backhoes, loaders, etc.

42.2.1. Equipment operators shall cease operating their equipment when any person is within such proximity as to be endangered.

42.2.2. Operators of shovels, draglines, and backhoes shall sound a signal distinguishable from the surrounding noise level such as a whistle, bell, horn or other approved device, before moving forward or backward, and all persons not in the clear shall respond immediately.

42.2.3. Equipment operators shall not leave their cabs without lowering all raised equipment to the ground.

42.2.4. When the equipment operator is present, workers shall notify the equipment operator before getting on or off the equipment.

42.2.5. Persons shall not be permitted in the immediate vicinity of shovels, draglines, and backhoes unless in the line of duty.

42.2.6. Walkways and platforms on shovels, draglines and backhoes shall be maintained in a safe condition and shall be equipped with safe handrails, toe boards, walkways and platforms.

42.2.7. Equipment that revolves in a horizontal arc on a turntable shall have a minimum clearance of four (4) feet from the high wall or other obstructions.

42.2.8. The operator of shovels, draglines, and backhoes shall have a general knowledge of the location of the oiler at all times.

42.2.9. Operators of shovels and draglines shall not leave their cabs to wet the digging brake or dog, unless the master clutch is in the "off" position.

42.2.10. Operators of shovels and draglines shall have visual contact, when possible, with the person assigned to setting the digging brake or dog.

42.2.11. Operators shall not leave the cab of the shovel, dragline or crane without placing the controls into the "Off" position. Additionally, if the power should fail, the controls shall be placed in the "Off" position.

42.2.12. All ropes shall be securely attached to the drum and the dipper by at least four (4) suitable wire rope clips or properly wedged and shall have at least three (3) wraps of cable on at all times.

42.2.13. Riding a dipper or bucket shall be prohibited.

42.3. Maintenance and repairs.

42.3.1. All safety equipment on all machinery shall be maintained in a safe working condition.

42.3.2. Mobile and stationary equipment shall be maintained in safe operating condition and equipment in unsafe condition shall be removed from service immediately.

42.3.3. Good housekeeping shall be practiced on all equipment.

42.3.4. All heavy duty equipment shall be cleaned as necessary to maintain the equipment reasonably free of combustible substances.

42.3.5. Workers shall not work on or from a piece of mobile equipment in a raised position until it has been securely blocked in place.

42.3.6. No work shall be performed under machinery or equipment that has been raised until such machinery or equipment has been securely blocked in place.

42.3.7. While greasing or doing repair work on a boom of a shovel, dragline, or backhoe, the boom shall be lowered to a position whereby the work can be done from the ground or the workers shall use safety belts except shovels, draglines, or backhoes that are equipped with safe handrails or ladders.

42.3.8. Dippers of buckets or shovels, draglines and backhoes shall be lowered for repairs.

42.3.9. Repairs or maintenance shall not be performed on equipment until the power is off and the equipment is blocked against motion, except where the movement of the machine or parts is necessary to make adjustment.

42.4. Warning devices, lights, brakes.

42.4.1. Dump trucks used to haul coal or other material shall be equipped with an approved automatic warning device which shall give a clearly distinguishable alarm when such equipment is in reverse.

42.4.2. Equipment such as fork lifts, front-end loaders, tractors, dozers, and graders shall be provided with an approved audible warning device.

42.4.3. Lights shall be provided on both ends of equipment when equipment is being worked other than during daylight hours. Additionally, lights on both ends of equipment shall be provided during other existing conditions such as fog, etc.

42.4.4. Power driven mobile equipment shall be equipped with adequate brakes.

42.4.5. All trucks and front-end loaders shall be equipped with adequate parking brakes.

42.5. Dump trucks and dumping.

42.5.1. Dump bodies of trucks shall be properly blocked when raised for any purpose except dumping of load.

42.5.2. No person shall be permitted in or on the cargo space of dump trucks while being loaded with coal or other materials.

42.5.3. No person shall be allowed in the cab or a dump truck while the truck is being loaded with power shovel, front-end loader, or backhoe unless the cab is shielded.

42.5.4. Truck cabs where rear vision is impaired shall be equipped with adequate rear view mirrors on both sides.

42.5.5. The dipper of a loading shovel shall be swung over the body of the truck and not the cab.

42.6. Dippers.

42.6.1. Riding on a dipper or bucket shall be prohibited.

42.6.2. Workers shall keep out from under suspended dippers at all times.

42.6.3. Trailing cables on shovels shall not be moved with the shovel dipper unless cable slings or sleds are used.

42.6.4. Operators shall not swing a dipper or bucket over passing haulage equipment.

42.7. Equipment generally.

42.7.1. No equipment or machinery shall be altered or modified in a manner that reduces the level of safety.

42.7.2. Road maintenance equipment such as graders or other equipment normally used shall be equipped with roof mounted approved flashing lights.

42.7.3. All equipment, when equipped with a safety bar for automatic transmission, shall be set in locked position before the operator leaves the cab.

42.7.4. Operators of dozers that are equipped with standard transmission, shall lock the park brake, place the transmission in a neutral position, and lock the clutch in before leaving the cab.

42.7.5. All steps and handrails on surface mining equipment shall be maintained in a safe condition.

42.7.6. Electrically powered mobile equipment shall not be left unattended unless:

42.7.6.a. The master switch is in the "Off" position;

42.7.6.b. All operating controls shall be placed in neutral position; and

42.7.6.c. The brakes set or other equivalent precautions taken against rolling.

42.7.7. A tow bar or other approved device shall be used for towing equipment and a safety chain shall be used in conjunction with a tow bar.

42.7.8. All exhaust tail pieces shall be positioned and properly maintained to prevent carbon monoxide and other toxic fumes from entering an operator's compartment.

42.7.9. The operator of a grader shall face in the direction of travel except during grading operations in a local area.

42.8. Glass and doors.

42.8.1. Cab windows of glass on equipment shall be safety glass or equivalent material with good visibility, in good condition, not broken or cracked to such extent that it can be felt, and kept clean.

42.8.2. When required by the director, all mobile equipment shall be provided with windshield wipers which shall be maintained in good operating condition.

42.8.3. All doors on mobile equipment shall be maintained in good operating condition.

42.9. Guards.

42.9.1. Fan blades, shafts, gears, flywheels, coupling, and similar exposed moving machine parts which may be contacted by persons shall be adequately guarded.

42.9.2. Guards installed on equipment to prevent accidental contact with moving parts shall:

42.9.2.a. Be of substantial construction;

42.9.2.b. Not have openings large enough to admit a persons hand;

42.9.2.c. Be firmly bolted or otherwise installed in stationary position; and

42.9.2.d. Be of sufficient dimension to exclude the possibility of bodily contact while in motion.

42.10. Operation of mobile equipment.

42.10.1. Mobile equipment operators shall have full control of the equipment while in motion.

42.10.2. The type of equipment and posted operating speeds shall be prudent and consistent with conditions of roadways, grades, clearance, visibility and traffic.

42.10.3. All mobile equipment shall be completely stopped before a person gets on or off.

42.10.4. No person other than the operator shall be permitted to ride in or on equipment unless in line of duty, and only then when adequate safe seating facilities are provided.

42.10.5. Cabs of mobile equipment shall be kept free of extraneous materials and adequately ventilated.

42.10.6. When necessary to protect the operator of the equipment, all rubber tired or crawler mounted self-propelled scrapers, front-end loaders, dozers, graders, and tractors that are used on surface coal mines shall be provided with substantial falling object protective structures.

42.10.7. Equipment shall be operated only by persons trained in the use of and authorized to operate such equipment.

42.10.8. Operators of all equipment shall keep a reasonable safe distance from the edge of all vertical or abrupt excavations or fills.

42.11. Loads.

42.11.1. Equipment which is to be hauled shall be secured.

42.11.2. Any load extending more than four (4) feet beyond the rear of the vehicle body shall be marked clearly with a red flag.

42.11.3. Dump trucks shall be trimmed properly when they have been loaded higher than the confines of their cargo space.

42.12. Track type dozers.

42.12.1. Track type dozers shall meet the following standards:

42.12.1.a. Adequate fan blade guards.

42.12.1.b. Track brakes shall be working properly.

42.12.1.e. Steering clutches shall be in operating condition.

42.12.1.d. Portable fire extinguisher of at least five (5) pounds.

42.12.1.e. All floor boards shall be kept secured in place.

42.12.1.f. Safety bar lever for automatic transmission shall be in working condition.

42.12.1.g. Approved warning device which the operator can operate manually.

42.12.1.h. Cab protection when the dozer is being operated near the high wall or where there is a hazard from falling material.

42.13. Front-end loaders.

42.13.1. Rubber tire front-end loaders shall meet the following standards:

42.13.1.a. Portable fire extinguishers, of at least five (5) pounds.

42.13.1.b. Fan blade guards.

42.13.1.c. Adequate lights.

42.13.1.d. Approved warning devices.

42.13.1.e. If a loader is provided with a windshield type cab, the windshield shall be of safety type glass, or the equivalent with good visibility and shall be equipped with windshield wipers in good working condition.

42.13.1.f. Steering apparatus shall be functioning properly.

42.13.1.g. Adequate foot brakes - each individual wheel brake shall be working properly.

42.13.1.h. The parking brake shall have capability equivalent to hold the vehicles stationary on the twelve percent (12%) dry swept concrete grade under all conditions.

42.13.1.i. The service braking system using stored energy shall be equipped with a warning device that activates when the system energy drops below fifty percent (50%) of the manufacturer's specified minimum operating energy level.

42.14. Machinery.

42.14.1. All overhead belts shall be adequately guarded if the whipping action from a broken belt could be hazardous to a person below, or if within seven (7) feet of a person's work area or where persons may pass.

42.14.2. Belt conveyors in locations where fire would create a hazard to personnel shall be provided with switches to stop the drive pulley automatically in the event of excessive slippage.

42.14.3. Unguarded conveyor belt walkways, less than five (5) feet in width, shall be equipped with emergency stop switches or pull cord along their entire length.

42.15. Hand-held tools, power tools and safety devices.

42.15.1. Conditions of tools - all tools, power tools and similar equipment shall be maintained in a safe condition.

42.15.2. Hand-held power tools shall be equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with friction or other equivalent safety device.

42.15.3. Employers shall not issue or permit the use of unsafe hand tools.

42.15.4. Adjustable, pipe, end and socket wrenches shall not be used when jaws are sprung to the point that slippage occurs.

42.15.5. Impact tools such as drift pins, wedges, and chisels, shall be kept free of mushroomed heads.

42.15.6. The wooden handles of tools shall be kept tight and free of splinters or cracks and shall be kept tight in the tool.

42.15.7. Electric power operated tools shall be approved double-insulated or grounded type.

42.15.8. Only proper hoisting equipment shall be used for hoisting or lowering tools. The use of hoses or electric cords for such purpose is prohibited.

42.15.9. Pneumatic power tools shall be secured to the hose by some positive means to prevent the tools from becoming accidentally disconnected.

42.15.10. Safety clips or retainers shall be securely installed and maintained on pneumatic impact (percussion) tools.

42.15.11. The manufacturer's safe operating pressure for hoses, pipes, valves, filters, and other fittings shall not be exceeded.

42.15.12. All fuel powered tool engines shall cease operations while being refueled, serviced, or maintained.

42.15.13. When fuel powered tools are used in enclosed spaces, the applicable requirements for concentrations of toxic gases and use of personal protective equipment shall apply.

42.15.14. Only approved fuel containers shall be used, and such containers shall be safely stored.

42.16. Jacks.

42.16.1. The manufacturer's rated capacity shall be legibly marked on all lifting jacks and shall not be exceeded.

42.16.2. All lifting jacks shall have a positive stop to prevent over-travel.

42.16.3. Blocking - When it is necessary to provide a firm foundation, the base of the lifting jack shall be blocked or cribbed.

42.16.3.a. Where there is a possibility of slippage of the metal cup or the jack, a wood block shall be placed between the cap and the load.

42.16.3.b. Work shall not be performed under any machinery until the proper blocking is in place and, with the exception of a jack, tight.

42.17. Stationary grinding machines, protective devices.

42.17.1. Mechanically operated grinding wheels shall be equipped with safety washers, substantial retaining hoods and goggles or approved eye shields.

42.17.2. Adjustable tool rests shall be set as close as required to manufacturer's specifications.

42.17.3. Grinding wheels shall be operated according to the specification of the manufacturer.

42.18. Stationary grinding machines.

42.18.1. Grinding wheels shall be equipped with:

42.18.1.a. Safety washers of adequate size;

42.18.1.b. Substantial retaining hoods with maximum angular exposure of the grinding wheel periphery and sides of not more than ninety (90) degrees except that when work requires contact with the wheel below the horizontal plane of the spindle, an angular exposure shall begin not more than forty-five (45) degrees above the horizontal plane of spindle.

42.18.1.b.1. Said safety guards shall be strong enough to withstand the effect of a bursting wheel.

42.18.1.c. Face shields or goggles, in good condition, to be worn by all operators;

42.18.1.d. Work rests on floor and bench mounted grinders which are rigidly supported, readily available, and which shall be kept at a distance not to exceed one-eighth (1/8) from the surface of the wheel;

42.18.1.e. All other applicable requirements of the American National Standards Institute Safety Code for the use, care, and protection of abrasive wheels; and

42.18.1.f. Dust collectors or exhaust ventilation systems vented to the outside of the building.

42.18.2. Safety hoods, (guards or flanges) shall be mounted so as to maintain proper alignment with the wheel, and shall be of sufficient strength to retain fragments of the wheel in the case of accidental breakage.

42.18.3. All abrasive wheels shall be ring-tested before mounting to insure they are free from cracks or defects, and shall fit freely on the spindle and not be forced on.

42.18.4. All grinding wheels shall be operated in accordance with the manufacturer's specifications.

42.19. Protective structures fall object and roll over protective structures.

42.19.1. All rubber tired or crawler mounted self-propelled scrapers, front-end loaders, dozers, graders, and tractors, manufactured after January 1, 1969 shall be provided with roll over protective structures.

42.20. Tires and repairs.

42.20.1. A safety tire rack, cage, or equivalent protection shall be provided when inflating tires installed on split or rims equipped with locking rings or similar devices.

42.20.2. Tires shall be deflated before repairs on them are started and means shall be provided to prevent wheel locking rims from creating a hazard during tire inflation.

42.20.3. Heat shall not be applied to lug bolts, rims or wheels while tires are inflated.

42.20.4. When work is being performed on models that are equipped with dual wheels both tires must be deflated for heating lugs before repair work begins.

42.20.5. No person shall be permitted in front of a tire being inflated either on or off equipment and persons engaged in inflating or deflating tires shall perform such work in an area isolated from other persons.

42.20.6. When fork lift trucks are used in mounting or transporting of tires, adequate means shall be taken to assure that tires are secured properly.

42.20.7. No person shall be permitted to stand between the hub of a vehicle and fork lift truck when used to change a tire.

42.20.8. A clip-on-air chuck shall be provided at all tire airing stations.

42.20.9. At least six (6) feet of air hose shall be provided between the valve stem and inflation gauge.

42.20.10. All tires shall be maintained in a safe condition.

42.20.11. Any tire with a defect which could be a hazard to the safe operations of a vehicle or to other persons shall be replaced immediately.

W. Va. Code R. § 56-3-42