Current through Register Vol. XLI, No. 50, December 13, 2024
Section 56-8-8 - Modifications8.1. The operator or independent contractor may submit at any time proposed modifications or revisions to the comprehensive mine safety program, along with the reasons thereof, to the director.8.2. Within ninety (90) days after receipt by the director of any proposed revisions or modifications to the program, the director shall either approve the revisions or reject the revisions, stating in detail the reasons for such rejection. If within ninety (90) days of receipt of such revisions by the director no action has been taken, the proposed revisions shall be taken as approved.8.3. When revisions to a program are submitted to the director, the operator or independent contractor may request and the director may issue temporary approval of such revisions pending the director's final review and approval.8.4. The director may require modifications to a comprehensive mine safety program at any time following the investigation of a fatal accident or serious injury, as defined by Title 36, Series 19, Section 3.2(2), if such modifications are warranted by the findings of the investigation. A comprehensive mine safety program may be subject to annual review by the director after a fatality or serious accident involving bodily harm has occurred, or, if the operator has shown a pattern of mine safety violations as defined by W. Va. Code § 22A-1-15(c)(2), such a finding shall also warrant annual review by the director.8.5. Whenever the Director determines that a mine has experienced a substantial number of injuries due to materials handling, he/she shall require the mine operator to include a component in the mine's comprehensive safety program which identifies procedures for reducing such injuries.