Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-4-9 - Wireless Emergency Communication and Tracking/Locating systems9.1. The Director shall require, in each underground mine, an integrated communication and tracking/locating system maintained consistent with W. Va. Code R. §36-5-3.2 and a component of which shall be a communication center monitored at all times during which 1 or more miners are underground. A wireless emergency communication and tracking/locating device approved by the Director shall be worn by each miner underground and shall be provided by the operator.9.2. As soon as practicable, the Director shall notify all operators of the wireless emergency communication and tracking/locating devices approved by the Director for use by each miner underground pursuant to W. Va. Code §22A-2-55.9.3. The Director shall acquire, no later than July 1, 2006, the necessary technical/engineering support to evaluate the performance of individual communication/tracking devices and review the effectiveness of proposed communication/tracking plans.9.4. The Director shall, no later than July 10, 2006, issue an open opportunity for emergency communication and tracking/locating providers to submit products for approval.9.5. The Director shall require providers seeking approval to submit documentation certified by a licensed West Virginia professional engineer that: the product has been tested for functionality in West Virginia underground mines; that the product has been or is in the process of being approved as intrinsically safe by MSHA and other criteria as the Director determines; a description of the process used in making that determination; and a certification in the following form: AI, the undersigned, hereby certify that this product, to the best of my knowledge and belief, meets or exceeds all requirements set forth in W. Va. Code R. §56-4-9", that the product has been tested for functionality in West Virginia underground mines, that the product has been or is in the process of being approved as intrinsically safe by MSHA and other criteria as the Director determines.9.6. No later than July 31, 2007 all underground mine operators shall submit a communication/tracking plan for approval by the Director in accordance with W. Va. Code §22A-1-36. The design, development, submission, and implementation of the communication/tracking plan shall be the responsibility of the operator of each mine.9.7. Within 30 calendar days after submission of the communication/tracking plan, the Director shall either approve the communication/tracking plan, or shall reject and return the plan to the operator for modification and resubmission, stating in detail the reason for such rejection. If the plan is rejected, the Director shall give the operator a reasonable length of time, not to exceed 15 calendar days, to modify and resubmit such plan.9.8. Within 15 days of approval by the Director, the underground mine operator shall submit as an addendum to its plan, a copy of any contract, or purchase order, or other proof of purchase of any equipment required to complete the communication/tracking system and for installation and ongoing maintenance.9.9. The operator shall submit certified progress reports no less frequently than every 60 calendar days until full compliance is achieved.9.10. If the Director, in his/her sole discretion, determines that an operator has failed to provide a communication/tracking plan or progress report, has provided an inadequate communication/tracking plan or progress report, has failed to comply with its approved communication/tracking plan or compliance schedule, or has failed to provide a copy of any contract, purchase order or other proof of purchase required under this section, in an effort to delay, avoid or circumvent compliance with W. Va. Code §22A-2-55 or this rule, the Director shall issue a cessation order to the operator for the affected mine under W. Va. Code §22A-1-15.9.11. In developing the communication/tracking plan and any revisions, the operator shall take into consideration the needs for emergency communications and tracking/locating resulting from accidents as described at W. Va. Code §22A-2-66(a), physical features of the particular mine, emergency plans, existing communication infrastructure, communications required under W. Va. Code §22A-1-35(k) and 2-42 and W. Va. Code R. §36-2-2 and 5-2, advances in communication/tracking technologies and any other aspect of the particular mine the operator deems relevant to the development of the communication/tracking plan.9.12. The proposed communication/tracking plan shall describe the structure and operations of the separate or integrated communication/tracking system(s) and its role in emergency response specific to the mine shall be detailed and submitted to the Director and, once approved, to the mine rescue teams providing coverage with an updated mine rescue program pursuant to W. Va. Code §22A-1-35(q). Copies of the most recent version shall be available at the mine for emergency responders. As changes are made to the system, updated versions shall be submitted to the above.9.13. The proposed communication/tracking system shall include the ability for: 9.13.1. A communication center monitored at all times during which 1 or more miners are underground. 9.13.1.a. This center shall be staffed by miners holding a valid underground miner's certificate, and trained and knowledgeable in the installed communications/ tracking systems, monitoring and warning devices, travel ways, and mine layout.9.13.1.b. Individuals not possessing a valid underground miner's certificate but working full-time as a communication center operator on or before May 25, 2006 shall be allowed to continue as communications center operators at that mine provided they will have successfully completed no later than December 31, 2006 a certified 80 hour underground miners apprentice training program, as defined in W. Va. Code R. §48-2-2.7(a), renewed annually pursuant to W. Va. Code R. §48-2-2.8(a) and documentation is available for inspection consistent with W. Va. Code R. §36-24-5.9.13.2. Knowing the location of all miners immediately prior to an event by tracking/locating device in the escape-ways, normal work assignments, or notification of the communication center.9.13.3. Knowing the location of miners in the escape-ways after an event providing the tracking system is still functional.9.13.4. Check-in and check-out with the communication center by miners prior to entrance and exit from bleeders and remote or seldom used areas of the mine (all times shall be logged).9.13.5. Allowing 2-way communications coverage in at least 2 separate air courses and at least 1 of which shall be an intake.9.13.6. Maintaining communication/tracking after loss of outside power and maintain function both in by and out by of the accident event site with suitable supply of equipment for rapid reconnection.9.13.7. Maintain a surface supply of communication/ tracking devices for use by emergency rescue personnel.9.13.8. Allow for communication to surface at all required emergency shelters/chambers.9.13.9. All miners and likely emergency responders shall be trained in the use, limitations and inter-operability of all components of the communication and tracking/locating system. This shall be incorporated into ongoing required training. All training shall be recorded and made available upon request.9.14. The operator shall provide a schedule of compliance for the communication/tracking plan, which shall include: 9.14.1. A narrative description of how the operator will achieve compliance with above requirements;9.14.2. A schedule of measures, including an enforceable sequence of actions with milestones, leading to compliance; and9.14.3. A statement indicating when the implementation of the proposed plan will be complete.9.15. The operator shall provide as attachments to its communication/tracking plan: 9.15.1. A statement of the analysis and evaluation required in developing its plan;9.15.2. A statement indicating the initial training dates for implementation of the communication/ tracking system and how the communication/tracking system will be incorporated in other required training;9.15.3. A statement regarding how the communications/tracking system will be tested and maintained; and9.15.4. The name of the person or persons representing the operator, including his or her title, mailing address, email address and telephone number, who can be contacted by the Director for all matters relating to the communication/tracking plan and weekly testing of the system.9.16. After the Director has approved an operator's communication/tracking plan, the operator shall submit revisions to the communications plan at any time that changes in operational conditions result in a substantive modification in the communication/tracking system. In addition, at any time after approval, the operator may submit proposed modifications or revisions to its plan along with reasons therefor to the Director. Within 30 days after receipt by the Director of any proposed revisions or modifications to the communications/tracking plan, the Director shall either approve or reject the revisions, stating in detail the reasons for such rejection.9.17. The Director may require modifications to a communication/tracking plan at any time following the investigation of a fatal accident or serious injury, as defined by W. Va. Code R. §36-19-3.2, if such modifications are warranted by the findings of the investigation.