Current through Register Vol. XLI, No. 21, May 23, 2024
Section 56-8-11 - Right of Mine Employees to Review and Comment on the Comprehensive Mine Safety Program; Posting Requirements11.1. Each employee of the mine shall be afforded an opportunity to review and submit comments to the director regarding the review of the comprehensive mine safety program and any modifications or revisions to the program and the initial report. The operator or independent contractor shall satisfy this requirement by selecting one of the two methods set out in 11.1.1. or 11.1.2. below. 11.1.1. The operator or independent contractor may establish a safety committee at the mine. This committee shall consist of at least three (3) non-supervisory employees. Where feasible, the committee should have representation on each working shift. The requirements for such committee may be satisfied with an existing committee for the mine. It shall be the responsibility of the operator or independent contractor to provide this committee with the opportunity to review the initial comprehensive safety program and any modifications or revisions thereto, and the annual report, and to provide written comments and suggestions to the director with copies to the operator or independent contractor. Such opportunity to review shall be satisfied by compliance with section 11.4. of this rule. It shall be the responsibility of the committee to ensure that all employees of the mine have the opportunity to review and comment on the proposed comprehensive safety program, any proposed modifications or revisions thereto.11.1.2. The operator or independent contractor may hold a meeting for all employees of the mine at which meeting the operator or independent contractor shall provide an in-depth review of each of the components of the comprehensive safety program for the mine. The purpose of such meeting is to provide each employee of the mine the opportunity to review and comment on the proposed comprehensive safety program and any modifications or revisions thereto, and the annual report. Such meeting shall be held prior to the submittal of the initial program and the submittal of any modifications or revisions to such program, and the submittal of the annual report. The operator or independent contractor shall notify the director and post notice on the mine bulletin board of the time and place of the meeting at least ten (10) calendar days prior to the meeting. The director or his/her authorized representative has the right to attend such meeting.11.2. If the operator or independent contractor selects a safety committee (11.1.1.) to satisfy the requirements of section 11.1., he/she shall provide a minimum of eight (8) hours annual instruction for each member of the safety committee at each mine, which instruction shall include materials and training relevant to the review and evaluation of the components of the comprehensive safety program. This instruction may be satisfied through other instruction and training programs the operator or independent contractor is required to provide, as approved by the director.11.3. Notwithstanding which option the operator or independent contractor elects to satisfy the requirements of this section, each employee of the mine has the right to review the proposed comprehensive mine safety program and any modifications or revisions thereto, and the annual report, and to provide comments to the director.11.4. A copy of the proposed modifications or revisions of the existing comprehensive mine safety program and the annual report shall be posted on the mine bulletin board, as provided in W. Va. Code § 22A-1A-16(a), for at least fifteen (15) days prior to the date of submittal to the director.11.5. A copy of the current approved comprehensive mine safety program shall be made available to any employee of the mine upon request and shall also be posted on the mine bulletin board as provided in W. Va. Code § 22A-1A-16(a).