Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-12-2 - Definitions2.1. Unless the context in which a word or phrase appears requires a different meaning, all terms used in this rule that are not defined herein shall have the meanings set forth in W. Va. Code §22A-1-2.2.2. "Director" shall mean the director of the State of West Virginia Office of Miners' Health, Safety and Training.2.3. "Knowing violation" shall mean a violation occurring when:2.3.1. An operator (or miner, for an individual violation) causes a violative condition or practice by exercising reckless and willful disregard of mandatory health and safety standards, or recklessly and willfully failed to correct an unsafe condition or practice which was known to exist; or2.3.2. An operator refuses to comply with any order issued under W. Va. Code §§22A-1-14 or 15; or2.3.3. An operator refuses to comply with any order issued in a final decision under W. Va. Code §22A-1-1, except for an order incorporated in a decision under W. Va. Code §§22A-1-21(a) or 22(b).2.4. "Good faith" shall mean that, in the judgment of the inspector, the operator has demonstrated extraordinary effort above and beyond that which would normally be expected to abate the violation.2.5. "Mine health and safety laws" shall mean the provisions of W. Va. Code Chapters 22 and 22A and any rule promulgated thereunder relating to health and safety standards.2.6. "Independent contractor" has the same meaning as that term is defined at W. Va. Code State R. §36-20-1 et seq.2.7. "Annual tonnage" shall mean tonnage produced in the previous calendar year, or, in the case of a mine opened or owned less than one full calendar year, the tonnage thus far produced multiplied to an annual amount based on months of operation.