W. Va. Code R. § 56-20-4

Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-20-4 - Quarry Foreperson and Competent Person; Daily Inspection of Working Places; Records
4.1. Pre-shift examination.
4.1.a. Within three (3) hours prior to the beginning of any shift the quarry foreperson or competent person shall visit and carefully examine all active working places of the quarry.
4.1.b. Upon completion of the examination, the foreperson or competent person shall record the results in a book approved by the Director of the West Virginia Office of Miners' Health, Safety and Training at the designated station at the quarry before persons enter the working area of the quarry. Before the beginning of any shift upon which they shall perform supervisory duties, the quarry foreperson or competent person shall review carefully and countersign all books and records of the prior shift reflecting the conditions under their supervision, exclusive of equipment logs, which the operator is required to keep.
4.1.c. The operator shall have weekly safety meetings with all employees which shall provide training in the working practices and conditions at the quarry and rules applicable thereto. A record of the topic of the weekly safety meetings shall be kept and signed by all people in attendance. This record shall be kept for one (1) year and made available to a representative of the Director upon request.
4.2. On-Shift Examination. The quarry foreperson or competent person shall examine all working places at the quarry under supervision for hazards at least once every four (4) hours during each working shift, or more often if necessary for safety. Upon completion of the examination(s), the foreperson or competent person shall record the results and time(s) in a book approved by the Director. The quarry foreperson or competent person shall also, each day, read carefully and countersign with ink or indelible pencil all reports entered in the record book by the quarry foreperson or competent person on the prior shift.
4.3. Records of Examinations. All violations or hazardous conditions and the action taken to correct such violations or conditions including the pre-shift and on-shift examinations shall be recorded in ink or indelible pencil in a book approved by the Director of the West Virginia Office of Miners' Health, Safety and Training, and kept at the quarry office for a period of one (1) year.
4.4. Dangerous conditions. Should the quarry foreperson or competent person find a place to be in a dangerous condition, he/she shall not leave the place until it is made safe, or shall remove the persons working therein until the place is made safe by some competent person designated for that purpose. He/she shall also record any dangerous conditions and practices found during his/her examination in a book provided for that purpose. The quarry foreperson shall give prompt attention to the removal of all dangers reported to him/her by his/her assistants or any other person working in the quarry.
4.5. Close deep operations. When a quarry operation is known to be close to an active underground quarry or mine, the quarry foreperson or superintendent shall give the official representative of the underground quarry or mine at least twelve (12) hours notice in advance of any contemplated blasting that may endanger the safety of persons employed in the underground quarry or mine.
4.6. Instructions. The quarry foreperson shall see that every person employed to work at such quarry shall, before beginning work therein, be instructed in the particular dangers incident to the work in such quarry. A record of such instructions shall be kept and made available upon request by an authorized representative of the Director.
4.7. Upon the operator's written request and the Director's written approval, a pre-shift inspection of designated areas of operations may be excluded or modified.

W. Va. Code R. § 56-20-4