W. Va. Code R. § 56-8-9

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

Section 56-8-9 - Annual Review of the Comprehensive Mine Safety Program After Fatal or Serious Accident or a Pattern of Violation

9.1. Each operator or independent contractor subject to an annual review under section 8.4. of this rule shall conduct an annual review of the comprehensive mine safety program in effect at each mine. The purpose of the review shall be to determine the effectiveness of the comprehensive mine safety program by evaluating the components of the program to determine whether modifications to the existing program are necessary and desirable.

9.1.1. Each operator or independent contractor shall submit to the director within thirty (30) days after the anniversary date of the program a report which shall contain the findings of the annual review, a statement indicating whether, as a result of such review, modifications to the existing program are necessary, and if applicable, proposed modifications to the existing program. When modifications to the existing program are submitted, the operator or independent contractor may request, and the director may issue, temporary approval of requested modifications pending the director's final review and approval.

9.1.2. The director will review the annual report submitted by the operator or independent contractor and will either approve the report, or reject the report, stating in detail the reasons for rejection. The reasons for rejection may include proposed changes to the program deemed necessary by the director and not included by the operator or independent contractor.

9.1.3. If rejected, the director shall give the operator or independent contractor a reasonable period of time to modify and resubmit such report and proposed modifications. If within thirty (30) calendar days subsequent to receipt of the report or proposed modifications by the director, no action has been taken by the director, the proposed report and modifications shall be considered approved.

9.1.4. The anniversary date of the program shall be one (1) year from the date the annual review was required.

9.2. The annual evaluation conducted pursuant to subsection 8.4. of this rule shall include a review of the following items relating to a particular mine:

9.2.1. Accident rate;

9.2.2. Accident distributions;

9.2.3. A review of violations issued by the office of miners' health, safety and training;

9.2.4. Fatal accidents and serious injuries as defined by Title 36, Series 19, Section 3.2(2); and

9.2.5. Accident investigations conducted during the previous one-year period.

9.3. At the discretion of the mine operator or independent contractor, other sources of information may be used to ascertain performance of the safety program in the annual evaluation. They may include, but are not limited to:

9.3.1. Mine conditions or changes in mine conditions;

9.3.2. Mining methods or equipment or changes in mining methods or equipment at the mine;

9.3.3. Number of working sections at a mine or changes in the number of working sections at the mine;

9.3.4. Personnel or management, or changes in personnel or management;

9.3.5. Instructors responsible for safety training or changes in instructors responsible for safety training; and

9.3.6. Findings from safety observations conducted by responsible mine officials.

W. Va. Code R. § 56-8-9