W. Va. Code R. § 56-20-29

Current through Register Vol. XLI, No. 19, May 10, 2024

Section 56-20-29 - Enforcement of Citations and Orders

29.1. These rules shall not be construed to limit the basic compliance responsibilities of production operators. Overall compliance responsibility of production operators shall include assuring compliance with the West Virginia Code provisions and rules which apply to the work being performed by independent contractors at the quarry.

29.2. It is the general enforcement policy of the West Virginia Office of Miners' Health, Safety and Training that the independent contractor will be held responsible for violations committed by the independent contractor or its employees where the production operator has complied with section 26 of these rules.

29.3. Enforcement action against production operators for violations which involve independent contractors may be taken by the West Virginia Miners' Health, Safety and Training where the production operator has contributed to the existence of a violation, or the production operator's miners are exposed to the hazard, or the production operator has control over the existence of the hazard.

29.4. A production operator may be properly cited for a violation of the rules involving an independent contractor where:

29.4.a. The production operator has contributed by either an act or an omission to the occurrence of a violation in the course of an independent contractor's work, or

29.4.b. The production operator has contributed by either an act or omission to the continued existence of a violation committed by an independent contractor, or

29.4.c. The production operator's miners are exposed to the hazard, or

29.4.d. The production operator has control over the condition that needs abatement.

29.5. In addition to the provisions of section 29.4 of these rules, the production operator may also be required to assure continued compliance with the West Virginia Code and rules applicable to an independent contractor at the quarry until the contractor is fully able to assume compliance responsibility.

29.6. Whenever a mine inspector finds a violation or imminent danger in an area where an independent contractor is operating, such inspector shall make a determination whether to issue the appropriate Notice of Violation or order to either the production operator or the independent contractor, or both, based upon the criteria set out in sections 29.2 and 29.3 of these rules.

29.7. In instances where the work performed will last five (5) days or less at quarry operations, an independent contractor's identification number will not be required. No more than five (5) days work in a calendar year will be allowed without obtaining a contractor identification number issued by the West Virginia Office of Miners' Health, Safety & Training.

29.8. Independent contractors working at quarries shall comply with Title 56, Series 8 of the West Virginia Administrative Rules.

W. Va. Code R. § 56-20-29