W. Va. Code R. § 56-3-43

Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-3-43 - Ramps, Tipples, Cleaning Plants, and other Surface Areas
43.1. Surface installations generally.
43.1.1. Surface installations, generally all mine structures, enclosures, and other facilities (including custom coal preparation) shall be maintained in good condition.
43.1.2. In unusually dusty locations, electric motors, switches and controls shall be of dust-tight construction, or enclosed with reasonable dust-tight housings or enclosures.
43.1.3. Opening in surface installations through which workers or material may fall shall be protected by railings, barriers, covers or other protective devices.
43.1.4. Illumination sufficient to provide safe working conditions shall be provided in and on all surface structures, paths, walkways, switch panels, loading and dumping sites, working areas and parking areas.
43.1.5. Materials shall be stored and/or stacked in a manner to prevent stumbling or falling.
43.1.6. Compressed and liquid gas cylinders shall be secured in a safe manner.
43.2. Machinery guards.
43.2.1. Gears, sprockets; chains, drive, head, tail and take-up pulleys; flywheels; couplings; shafts; saw blades; fan inlets; and similar exposed moving machine parts which may be contacted by persons, shall be guarded adequately.
43.2.2. Except when testing is necessary, machinery guards shall be secured in place while being operated.
43.2.3. Belt rollers shall not be cleaned while belts are in motion.
43.3. Ramps and dumping.
43.3.1. Both sides of any tipple or cleaning plant dumping ramp shall be provided with securely anchored rubbing boards of ample dimensions.
43.3.2. An adequate dumping block at least eight (8) inches high shall be installed at all dumping points, excluding stockpiles.
43.3.3. Adequate protection shall be provided at dumping locations where persons may be endangered by falling material.
43.3.4. Dust control measures shall be taken where dust significantly reduces visibility of equipment operators.
43.3.5. All power lines in dumping areas shall, be maintained at least a minimum of six (G) feet above the largest piece of equipment used at such facility, including a dump truck in a raised position.
43.3.6. All dumping ramps shall be of sufficient width to insure safe operation of vehicles used thereon.
43.3.7. At no time shall any person be permitted to enter onto any coal bin, coal crusher, or any other coal dumping facility for means of breaking or removing coal or other materials that is of such a size that it will not drop through the grizzley, or screening device of said dumping facility, unless the equipment has been tagged out, de-energized, and locked out with a key or other approved adequate safeguards approved by the director.
43.3.8. Ramps and dumps shall be of solid construction and have ample width, clearance and head room and be kept reasonably free of accumulations of material and spillage.
43.3.9. Truck spotters shall be used when required by an authorized representative of the director.
43.3.10. When car couplers are to be aligned in such rotary dump areas, a hook or other device shall be used and a suitable lifting jack and handle shall be provided.
43.4. Fire protection.
43.4.1. Where cutting or welding is performed at any location, means of prompt extinguishment of any fire accidentally started shall be provided.
43.4.2. Adequate fire-fighting facilities, required by OMHST, shall be provided on all floors.
43.4.3. At least two (2) exits shall be provided for every floor of tipples and cleaning plants constructed after April 29,1991.
43.4.4. Signs warning against smoking and open flames shall be posted so they can be readily seen in areas4or places where fire or explosion hazards exist.
43.4.5. Smoking or open flame in or about surface structures shall be restricted to locations where it will not cause fire or an explosion.
43.5. Repairs of machinery.
43.5.1. Machinery shall not be lubricated or repaired while in motion, except where safe remote lubricating devices are used.
43.5.2. Machinery shall not be started until the persons lubricating or repairing it has given a clear signal.
43.5.3. Means and methods shall be provided to assure that structures and the immediate area surrounding the same shall be reasonably free of coal dust accumulations.
43.5.4. Where repairs are made to tipples, or cleaning plants, proper scaffolding and proper overhead protection shall be provided for workers when necessary.
43.5.5. Where overhead repair work is being performed at surface installations, adequate protection shall be provided for all persons working or passing below.
43.6. Stairs, platforms, etc.
43.6.1. Stairways, elevated platforms and runways shall be equipped with handrails, except for railroad car trimmer platforms.
43.6.2. Where required, elevated platforms and stairways shall be provided with to eboards. They shall be kept clear of refuse and ice and maintained in good condition.
43.7. Belts, etc.
43.7.1. Drive belts shall not be shifted while in motion unless such machines are provided with mechanical shifters.
43.7.2. Belt dressing shall not be applied while in motion.
43.7.3. Belt, chains and ropes shall not be guided onto power-driven moving pulleys, sprockets, or drums with the hand except equipment especially designed for hand feeding.
43.8. Conveyors and crossovers.
43.8.1. When the entire length of a conveyor is visible from the starting switch, the operator shall visually check to make certain that all persons are in the clear before starting the conveyor.
43.8.2. When the entire length of the conveyor is not visible from the starting switch, a positive audible or visible warning system shall be installed and operated to warn persons when the conveyor will be started.
43.8.3. Crossovers shall be provided where necessary to cross conveyors.
43.8.3.a. All crossovers shall be of substantial construction with rails and maintained in good condition.
43.8.3.b. Moving conveyors shall be crossed only at designated crossover points.
43.8.4. A positive audible or visible warning system shall be installed and operated to warn persons that a conveyor or other tipple equipment is to be started.
43.8.5. Pulleys of conveyors shall not be cleaned manually while the conveyor is in operation.
43.8.6. Guards, nets, or other suitable protection shall be provided where tramways pass over roadways, walkways or buildings.
43.8.7. Where it is required to cross under a belt, adequate means shall be taken to prohibit a person from making contact with a moving part.
43.9. Tipple or cleaning operations.
43.9.1. At least two (2) persons shall be continuously employed in the operation of a tipple or cleaning plant.
43.9.2. Good housekeeping shall be practiced in and around tipples and cleaning plants. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails and broken glass.
43.9.3. Adequate ventilation shall be provided in tipples and preparation plants.
43.9.4. Coal dust in or around tipples or cleaning plants shall not be permitted to exist or accumulate in dangerous amounts.
43.10. Travel ways.
43.10.1. Safe means of access shall be provided and maintained to all working places.
43.10.2. Travel ways, platforms and other access to areas where persons are required to travel or work, shall be kept free of all extraneous material and other stumbling or slipping hazards.
43.10.3. Inclined travel ways shall be constructed of nonskid material or equipped with cleats.
43.10.4. Regularly used travel ways shall be salted, sanded or cleared of snow and ice as soon as practicable.
43.11. Ladders.
43.11.1. All ladders shall be securely fastened.
43.11.2. More than ten (10) feet in height shall be provided with backguards.
43.11.3. Ladders shall be of substantial construction and maintained in good condition.
43.11.4. Wooden ladders shall not be painted.
43.11.5. Fixed ladders shall not incline backward at any point unless equipped with backguards.
43.11.6. Fixed ladders shall be anchored securely and installed with at least three (3) inches of toe clearance.
43.11.7. Side rails of fixed ladders shall project at least three (3) feet above landings, or substantial handholds shall be provided above the landing.
43.11.8. No person shall be permitted to work off of the top step of any ladders.
43.11.9. Metal ladders shall not be used with electrical work, where there is danger of the ladder coming into contact with power lines or an electrical conductor.
43.11.10. The maximum length of a step ladder shall be twenty (20) feet.
43.11.11. The maximum length of an extension ladder shall be sixty (GO) feet.
43.12. Hoisting.
43.12.1. Hitches and slings used to hoist materials shall be suitable for handling the type of material being hoisted.
43.12.2. Persons shall stay clear of hoisted loads.
43.12.3. Tag lines shall be attached to hoisted materials that require steadying or guidance.
43.12.4. A hoist shall not lift leads greater than the rated capacity of the hoist being used.
43.13. Draw off tunnels.
43.13.1. When it is necessary for a tunnel to be closed at one (1) end, an escape way not less than thirty (30) inches india meter (or of the equivalent, if the escape way does not have a circular cross section) shall be installed which extends from the closed end of the tunnel to a safe location on the surface; and if the escape ways is inclined for more than thirty degrees (30°) from the horizontal, it shall be equipped with a ladder which runs the full length of the inclined portion of the escape way.
43.13.2. Tunnels located below stockpiles, and coal storage silos, shall be adequately ventilated to maintain concentrations of methane below one percent (1%) per centum.
43.14. Ventilation and methane.
43.14.1. Tests for methane in structures, enclosures, or other facilities where coal is stored shall be conducted by a qualified person with an approved methane detector at least once during each operating shift.
43.14.2. Methane content in surface structures -If, at any time, the air in any enclosure contains 1.0 percent or more of methane, changes or adjustments in the ventilation of such installation shall be made at once so that the air shall contain less than one percent (1%) methane.
43.14.3. Dust accumulation in surface installations - Coal dust on surface structures, enclosures, or other facilities shall not be permitted to exist or accumulate in dangerous quantities.
43.15. Railroad equipment.
43.15.1. Railroad cars shall be maintained under control at all times.
43.15.2. Cars shall be dropped at a safe rate of speed and in such a manner that will insure that the car dropper maintains a safe position while working and traveling around the cars.
43.15.3. The car dropper shall control the trip from one (1) location and not drop more cars than can be controlled from such location.
43.15.4. A car dropper shall not drop more than three (3) cars at one (1) time with one (1) brake.
43.15.5. Railroad cars shall not be coupled or uncoupled manually from the inside of curves unless the railroad and cars are so designed to eliminate any hazard from coupling or uncoupling cars from inside curves.
43.15.6. No person shall ride the draw head or coupler of a railroad car.
43.15.7. No person other than the car dropper shall ride cars.
43.15.8. No car dropper shall ride the end of a car about to be coupled with another car if other brakes are available.
43.15.9. Employees handling railroad cars shall have access to and use an approved distinct audible signaling device to give warning when cars are in motion.
43.15.10. A car dropper shall only in case of an emergency, get on or off a moving car.
43.15.11. Rail cars shall not be left on side tracks unless ample clearance is provided for traffic on adjacent tracks.
43.15.12. Parked rail cars, unless held effectively by brakes, shall be blocked securely.
43.15.13. Railroad cars shall be trimmed properly when they have been loaded higher than the confines of their cargo space.
43.15.14. A minimum of thirty (30) inches continuous clearance from the fartherest projection of moving railroad equipment shall be provided on at least one (1) side of the tracks.
43.15.14.a. Where it is not possible to provide thirty (30) inches of clearance, those areas shall be marked conspicuously.
43.15.15. Roadbeds, rails, joints, switches, frogs, and other elements on railroads shall be designed, installed and maintained in a safe manner consistent with the speed and type of haulage.
43.15.16. Positive - acting stop blocks, derail devices, track skates, or other adequate means shall be installed where ever necessary to protect persons from runaway railroad equipment.
43.15.17. Switch throws shall be installed so as to provide adequate clearance for switchmen.
43.15.18. Where necessary, bumper blocks or the equivalent shall be provided at all track dead ends.
43.15.19. Cars shall be inspected for broken steps, platforms and brake wheels and for defective brakes before dropping.
43.15.20. Equipment operating speeds shall be consistent with conditions of roadways, grades, clearance, visibility, traffic and the type of equipment used.
43.15.21. Safety belts shall be worn and properly attached by all car droppers handling railroad cars. All such belts shall be of a design to allow maximum safety to provide for immediate uncoupling.
43.16. Railroad track construction and maintenance.
43.16.1. All parts of the track haulage road under the ownership or control of the operator shall be strictly constructed and maintained.
43.16.2. Rails shall be secured at all points by means of plates or welds.
43.16.2.a. When plates are used, plates conforming with the weight of the rail shall be installed and broken plates shall be replaced immediately.
43.16.3. Appropriate bolts shall be inserted and maintained in all bolt holes.
43.16.3.a. The appropriate number of bolts conforming with the appropriate rail plate for the weight of the rail shall be inserted, tightly secured, and maintained.
43.16.4. All points shall be installed and maintained so as to prevent bad connections.
43.16.5. Varying weights of rail shall not be joined without proper adapters.
43.16.6. Tracks shall be blocked and leveled and so maintained so as to prevent high and low joints.
43.16.7. Tracks shall be gauged so as to conform with the track mounted equipment.
43.16.8. Curves shall not be constructed so sharp as to put significant pressure on the trucks of the track mounted equipment.
43.16.9. Severely worn or damaged rails and ties shall be replaced immediately.
43.16.10. When mining operations are performed within any twenty-four (24) hour period, operations shall be inspected at least every twenty-four (24) hours to assure safe operation and compliance with the law and this rule.
43.16.10.a. The results of the inspection shall be recorded.
43.16.11. Personnel who are required frequently and regularly to travel on belts or chain conveyors extended to heights of more than ten (10) feet shall be provided with adequate space and protection in order that they may work safely.
43.16.12. Permanent ladders extending more than ten (10) feet shall be provided with back guards.
43.16.13. Walkways around thickness that are less than four (4) feet above the walkway shall be adequately guarded.
43.16.14. Employees required to work over thickener shall wear a safety harness adequately secured, unless walkways or other suitable safety devices are provided.

W. Va. Code R. § 56-3-43