Current through Register Vol. XLI, No. 21, May 23, 2024
Section 56-20-3 - Definitions3.1. The term "agent" means any person charged with the responsibility for the operations of all or a part of a quarry or the supervision of the miners on a quarry.3.2. The term "approved" means in strict compliance with quarry law or, in the absence of law, accepted by a recognized body or organization whose approval is generally recognized as authoritative on the subject.3.3. The term "barricade" means to obstruct passage of vehicles or equipment and warn or obstruct passage of persons.3.4. The term "barrier" means material objects that separate, keep apart or demarcate, in a conspicuous manner, such as cones, stakes and warning tape, used in conjunction with warning signs.3.5. The term "bench" means: 3.5.a. A ledge, which, in open-pit mines and quarries, forms a single level of operation above which mineral or waste materials are excavated from a contiguous bank or bench face. The mineral or waste is removed in successive layers, each of which is a bench, several of which may be in operation simultaneously in different parts, and at different elevations, in an open-pit mine or quarry.3.5.b. A working level or step in a cut which is made in several layers.3.6. The term "berm" means a pile or mound of material or equivalent capable of restraining a vehicle.3.7. The term "blast controller" means a firing device for electronic detonator circuits which may have functions (such as programming, communication, circuit diagnostics, etc.) in addition to charging and transmission of the firing command.3.8. The term "blast site" means the area where explosive material is handled during loading of blast holes, including fifty (50) feet in all directions from the perimeter formed by loaded holes.3.9. The term "blasting accessories" means non-explosive devices and materials used in blasting, such as, but not limited to, cap crimpers, tamping bags, blasting machines, blasting galvanometers, and cartridge punches.3.10. The term "blasting agent" means explosive material which meets prescribed criteria for insensitivity to initiation. For storage, the Code of Federal Regulations (C.F.R.) defines a blasting agent as any material or mixture, consisting of fuel and oxidizer intended for blasting, not otherwise defined as an explosive: Provided, That the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test blasting cap (detonator) when unconfined (ATF Regulation). For transportation, the C.F.R. defines Class 1, Division 1.5 (blasting agent) as a substance which has mass explosion hazard, but is so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions in transport and passes all United States Department of Transportation (DOT) tests defining blasting agent, including insensitivity to a No. 8 blasting cap in accordance with the C.F.R.3.11. The term "blasting area" means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury.3.12. The term "borehole" means a hole drilled in the material to be blasted for the purpose of containing an explosive charge, also called blast hole or drill hole.3.13. With respect to brake systems: 3.13.a. The term "service brakes" or "service braking system" means the primary brake system used for stopping a vehicle.3.13.b. The term "emergency braking system" means the system used for stopping a vehicle in the event of any single failure in the service brake system.3.13.c. The term "parking brakes" means a system to hold a stopped vehicle in a stationary position.3.14. The term "branch circuit" means any circuit, alternating current or direct current connected to and leading from the main power lines.3.15. The term "burden" means material in surface mining.3.16. The term "cable" means a standard conductor (single conductor cable) or a combination of conductors insulated from one another (multiple conductor cable).3.17. The term "circuit breaker" means a device for interrupting a circuit between separable contacts under normal or abnormal conditions.3.18. The term "competent person" means a person designated by the quarry operator or independent contractor who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them.3.19. The term "Department" means the West Virginia Office of Miners' Health, Safety and Training provided for in Section 1, Article 1 of Chapter 22A of the West Virginia Code.3.20. The term "(derived) neutral" means a neutral point or connection established by the addition of a "zigzag" or grounding transformer to a normally ungrounded power system.3.21. The term "detonator" means blasting caps.3.22. The term "detonating cord" means a flexible cord containing a center core of high explosives to detonate other explosives with which it comes in contact.3.23. The term "Director" means the Director of the West Virginia Office of Miners' Health, Safety and Training.3.24. The term "downline" means the line extending down the borehole used to carry energy to the detonating cap.3.25. The term "effectively grounded" is an expression which means grounded through a grounding connection of sufficiently low impendence (inherent or intentionally added or both) so that ground faults which may occur cannot build up voltages in excess of limits established for apparatus, circuits or systems so grounded.3.26. The term "electric blasting caps" means instantaneous electric blasting caps and all types of delay electric blasting caps.3.27. The term "electrical storm" means an atmospheric disturbance characterized by intense electrical activity producing lightning strikes and strong electric and magnetic fields. Synonymous with a thunderstorm and a lightning storm.3.28. The term "electrical work" means work consisting primarily of electrical construction, installation, testing, inspection, maintenance, and repair tasks on electrical equipment, apparatus, circuits and/or distribution circuits rated fifty (50) volts and above. Note: Examples not considered electrical work: 3.28.a. Normal operation of electrical equipment; and3.28.b. Normal operation of controls, switches, disconnect switches or circuit breakers provided that no energized parts or conductors are exposed.3.29. The term "electronic detonator" means a detonator that utilizes stored electrical energy as a means of powering an electronic timing delay element/module and that provides initiation energy for firing the base charge.3.30. The term "emulsion" means an explosive material containing substantial amounts of oxidizer dissolved in water droplets, surrounded by an immiscible fuel or droplets of an immiscible fuel, surrounded by water containing substantial amounts of oxidizer.3.31. The term "extraneous electricity" means electrical energy, other than actual firing current or the test current from a blasting galvanometer, that is present at a blast site and that could enter an electric blasting circuit. It includes stray current, static electricity, radio frequency (electromagnetic) waves and time varying electric and magnetic fields.3.32. The term "extreme slope" is any slope greater than a 1.5 (horizontal) to 1 (vertical).3.33. The term "explosives" means any or all of the following, but is not limited to: water gel slurries, dynamites, permissibles, pellet powder, blasting caps, electric blasting caps, nonelectrical delay blasting caps, electronic computer chip blasting caps, cast primer and boosters, detonating cord and detonating cord delay connections.3.34. The term "firing/blasting device" means a device capable of charging and transmitting a fire command to an electronic, electric or non-electric detonator circuit.3.35. The term "firing/lead line" means the wires connecting electric or electronic blasting circuit(s) to the electrical power source/blast controller. In cases of non-electrical initiation systems, the line that connects the blasting circuit(s) to the blasting initiating device.3.36. The term "FOPS" means Falling Object Protection System.3.37. The term "foreperson" means the person whom the employer or superintendent shall place in charge of the workings of the quarry and of the persons employed thereon.3.38. The term "grounding conductor" means a conductor used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.3.39. The term "high voltage" means voltages of more than one thousand (1,000) volts.3.40. The term "highwall" means the unexcavated face of exposed overburden in an opencast quarry or the face or banks on the uphill side of a contour quarry.3.41. The term "imminent danger" means the existence of any condition or practice at a quarry which could be expected to cause death or serious physical harm before such condition or practice can be abated.3.42. The term "independent contractor" means any firm, corporation, partnership or individual that contracts to perform services or construction at a quarry, excluding quarry vendors, office equipment suppliers, service or delivery personnel.3.43. The term "inspector" means mine inspector employed by the West Virginia Office of Miners' Health, Safety and Training as provided in Chapter 22A , Article 1 of the West Virginia Code.3.44. The term "Institute of Makers of Explosives (IME)" means a non-profit safety-oriented trade association representing producers of commercial explosive materials in the United States and Canada and dedicated to safety in the manufacture, transportation, storage, handling and use of explosive materials.3.45. The term "interested persons" includes the operator, members of any quarry safety committee at the quarry affected and other duly authorized representative of the quarry workers and the West Virginia Office of Miners' Health, Safety and Training.3.46. The term "lightning arrestor" means a protective device for limiting surge voltage from electrical storms on equipment.3.47. The term "loaded hole" means a borehole containing explosive material(s).3.48. The term "loading" means placing explosive material in a borehole or against material to be blasted.3.49. The term "low voltage" means up to and including six hundred sixty (660) volts.3.50. The term "medium voltage" means voltages from six hundred sixty-one (661) to one thousand (1,000) volts.3.51. The term "miner" means any individual working in a quarry.3.52. The term "misfire" means a blast or specific borehole that failed to detonate as planned. Also, the explosive materials that failed to detonate as planned.3.53. The term "neutral point" means the connection point of transformer or generator windings from which the voltage to ground is nominally zero (0), and is the point generally used for system groundings in a wye-connected AC power system.3.54. The term "Notice of Violation" means a notice issued pursuant to the provisions of Section 15, Article 1, Chapter 22A of the West Virginia Code.3.55. The term "operator" means any firm, corporation, partnership, or individual operating any quarry or part thereof, or engaged in the construction of any facility associated with a quarry, and shall include any independent contractor at a quarry.3.56. The term "overburden" means material of any nature lying on top of a deposit of a mineral which is to be mined.3.57. The term "person" means any individual, partnership, association, corporation, firm, subsidiary of a corporation or other organization.3.58. The term "portable trailing cable" means a flexible cable or cord used for connecting mobile, portable or stationary equipment to a source of electrical energy where permanent wiring is prohibited or is impracticable.3.59. The term "power center or distribution center" means a combined transformer or distribution unit, complete within a metal enclosure from which one (1) or more low voltage power circuits are taken.3.60. The term "primer" means a cartridge or container of explosives into which a detonator or detonating cord is inserted or attached, and whose purpose is to initiate the main explosive charge.3.61. The term "production operator" means any owner, lessee, or other person who operates, controls or supervises a quarry.3.62. The term "qualified electrician" will be as follows after the effective date of this rule: "Qualified electrician" means one who, by possession of a recognized degree, certificate, license, or professional standing, or who by extensive knowledge, training and experience, has successfully demonstrated his/her ability to solve or resolve problems relating to electrical work and has passed a test administered by a recognized governing body, such as West Virginia Office of Miners' Health, Safety and Training, West Virginia State Fire Marshal or the Mine Safety and Health Administration (MSHA). This does not exclude other recognized governing bodies. Any participating organizations in training and testing must be approved by the Director of the West Virginia Office of Miners' Health, Safety and Training or his authorized representative. "Qualified electricians" already acting in quarry mines prior to the effective date of this rule may continue to act as a qualified electrician: Provided, That the operator has a written record of one (1) year employment documented as an electrician which is kept on file at the quarry and provided to West Virginia Office of Miners' Health, Safety and Training. Electricians that are already acting as qualified electricians before the effective date of this rule and do not have one (1) year experience may be allowed to continue training under a qualified electrician until one (1) year is obtained. In no case after the effective date of this rule will a person start training as an electrician without approval from the West Virginia Office of Miners' Health, Safety and Training. A training plan shall be developed by the quarry operator and approved by the Office of Miners, Health, Safety and Training prior to new electricians being trained.3.63. The term "quarry" means all areas being surface mined or being underground mined, as well as adjacent areas ancillary to the operations, together with preparation of processing plants, storage areas and haulage ways, roads, shops and trails.3.64. The term "radio equipment" means an electronic transmitting device which radiates radio frequency waves. The transmitting device may be fixed (stationary) or mobile, and includes car telephones, citizens band radios, AM and FM radio transmitters, television transmitters, radar transmitters and any other wireless transmitting device.3.65. The term "radio frequency transmissions" means the energy radiated as electromagnetic waves in the radio frequency spectrum.3.66. The term "ROPS" means Roll Over Protection Structure.3.67. The term "safety fuse" means a flexible cord containing an internal burning medium by which fire or flame is conveyed at a continuous and uniform rate from the point of ignition to the point of use, usually a blasting cap.3.68. The term "shot or round" means a group of loaded boreholes fired, or intended to be fired, in a continuous sequence with the application of initiating energy.3.69. The term "static electricity" means an electric charge at rest on a person or object. It is most often produced by the contact and separation of dissimilar insulating materials.3.70. The term "stored energy" means the energy that has not been used or dissipated.3.71. The term "stray current" means a flow of electricity outside an insulated conductor system.3.72. The term "suitable" means that which fits and has the qualitites or qualifications to meet a given purpose, occasion, condition, function or circumstances.3.73. The term "superintendent" means the person who shall have, on behalf of the operator, immediate supervision of one (1) or more quarries.3.74. The term "supervisor" means a superintendent, foreperson, or any person specifically designated by the employer to supervise work of employees and who is acting pursuant to such specific designation and instructions.3.75. The term "working place" means all areas in or about a quarry where persons are working.3.76. The term "wye-connected" means a power system connection in which one (1) end of each phase windings or transformers or AC generators are connected together to form a neutral point, and a neutral conductor may or may not be connected to the neutral point, and the neutral point may or may not be grounded.3.77. The term "zigzag transformer (grounding transformer)" means a transformer intended primarily to provide a neutral point for grounding purposes.