STATE OF WEST VIRGINIA

1 PREFACE EDITOR S NOTE: Whenever these rules and regulations refer to Director of the Department of Energy or Director of the Department of Mines , it should be referenced to Director of the Office of Miners health , safety and Training effective October, 16, 1991. This volume included for reference purposes, Chapter 22, Article 21 as it pertains to Oil and Gas Wells, and mining operations. DISCLAIMER The Office of Miners health , safety and Training has created this publication to provide you with a convenient compilation of west VIRGINIA mine laws. However, this publication including the footnotes was not necessarily prepared by persons licensed to practice law in a particular jurisdiction.

2 Although every attempt was made to insure accuracy, the Office of Miners health , safety and Training makes no guarantees that any of the text contained herein is accurate and up to date. You should consult the official west VIRGINIA Code and the west VIRGINIA Code of STATE Regulations as well. The Office of Miners health , safety and Training is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. FOOTNOTES Interpretive Memos referenced in the footnotes may be found at the agency web site at: \W:\Code Inter\ To obtain copies of this Reference Manual call, write or order on-line: WV Office of Miners health , safety and Training 7 Players Club Drive, Suite 2 Charleston, WV 25311-2126 Web Site: Phone: (304) 558-1425 Fax: (304) 558-1282 Revision Date.

3 December, 2011 TABLE OF CONTENTS CHAPTER 11 TAXATION ARTICLE 13BB west VIRGINIA Innovative Mine safety Technology Tax Credit Act 2 CHAPTER 15 PUBLIC safety ARTICLE 5 Division of Homeland Security and Emergency Management 6 ARTICLE 5B Mine and Industrial Accident Rapid Response System 7 CHAPTER 22 ENVIRONMENTAL PROTECTION ARTICLE 3 Surface Coal Mining and Reclamation Act 9 ARTICLE 21 Oil and Gas Wells 11 CHAPTER 22A MINERS' health , safety AND TRAINING ARTICLE 1 Administration; Enforcement 18 ARTICLE 2 Underground Mines 39 ARTICLE 2A Use of Diesel-Powered Equipment in Underground Coal Mines 83 ARTICLE 3 Underground Clay Mines 91 ARTICLE 4 Open-Pit Mines, Cement Manufacturing Plants, and Underground Limestone and Sandstone Mines 91 ARTICLE 5 Board of Appeals 92 ARTICLE 6 Board of Coal Mine health and safety 93 ARTICLE 7 Board of Miner Training.

4 Education and Certification 100 ARTICLE 8 Certification of Underground and Surface Coal Miners 103 ARTICLE 9 Mine Inspectors Examining Board 105 ARTICLE 10 Emergency Medical Personnel 106 ARTICLE 11 Mine safety Technology 107 CHAPTER 24 PUBLIC SERVICE COMMISSION ARTICLE 6 Local Emergency Telephone System 109 CHAPTER 61 CRIMES AND THEIR PUNISHMENT ARTICLE 3 Crimes against Property 109 i TITLE 36 BOARD OF COAL MINE health AND safety SERIES 1 Approvals and Permits, Explosives and Ventilation for the Construction of Shaft and /or Slope Operations 110 SERIES 2 Emergency Communications Requirements for Shaft and/or Slope Operations and Arrangements for Emergency Medical Assistance and Transporting Injured Persons; Reporting Requirements.

5 Posting Requirements at Shaft and/or Slope Operations 116 SERIES 3 Certification and Statutory Duties of Shaft and/or Slope Superintendent-Examiner-Foreman and Examiner-Foreman 117 SERIES 4 Movement of Mining Equipment within Coal Mines 124 SERIES 5 Telephone Service or Communication Facilities 136 SERIES 6 Longwall Mining 137 SERIES 7 Shortwall Mining 141 SERIES 8 Right of a Miner to Refuse to Operate Alleged Unsafe Equipment 143 SERIES 9 Electrical Provisions in Shaft and/or Slope Construction Operations 146 SERIES 10 Roof Control 149 SERIES 11 When Underground Mine Foreman-Fire Boss Required; Assistants; Certification; Reopening of Abandoned Mines and De-energization of Self-Propelled Electric Coal Feeders; Performance Requirements 158 SERIES 12 Electrical Provisions for Underground Mining 160 SERIES 13 The Authority, Accountability and Responsibility of Underground Mine Foreman; Responsibility of Operator in Relation to Mine Foreman.

6 And Regulatory Review Procedures 166 SERIES 14 Electrical Equipment in Mines, Required Examinations 167 SERIES 15 Ventilation by Use of Mechanically Operated Fans 168 SERIES 16 Blocking of Equipment Prior to Performing Work on Such Equipment 170 SERIES 17 Unused and Abandoned Parts of Mine 170 SERIES 18 Responsibility for Care and Maintenance of Equipment 171 SERIES 19 Written Reports of Accidents 173 SERIES 20 Independent Contractors 174 SERIES 21 Instruction of Employees and Supervision of Apprentices; Annual Examination of Persons Using Flame safety Lamps; Records of Examination; Maintenance of Methane Detectors 176 SERIES 22 No Act Permitted Endangering Security of Mine; Search for Intoxicants, Matches, etc.

7 177 SERIES 23 Surface Construction Operations within the Coal Mining Industry 179 SERIES 24 Record Keeping of All Certified Persons 263 SERIES 25 Operation of Track Haulage Locomotives 264 ii SERIES 26 Construction and Rehabilitation Operations in Underground Mines 265 SERIES 27 Surface Areas 266 SERIES 28 Coal and Rock Outbursts 270 SERIES 29 Coupling and Uncoupling of Mine Cars 270 SERIES 30 Operation of Section Haulage Equipment 271 SERIES 31 Prevention of Injuries Due to Handling Materials 272 SERIES 32 Housekeeping Practices in Underground Mines and Surface Areas of Underground Mines 272 SERIES 33 Underground Mine Car Loading Points 272 SERIES 34 Underground Mining Equipment to Conform with Height of Seam 273 SERIES 35 Auger-Type Continuous Mining Machines 273 SERIES 36 Trolley Pole Swing Limiters 274 SERIES 37 Rulemaking Procedures for the Board of Coal Mine health and safety 274 SERIES 38 Personal Protective Equipment 278 SERIES 39 Railroad Car Dropping 278 SERIES 40 Use of Lifting Jacks 279 SERIES 41 Sheathed Explosive Units 280 SERIES 42 Sealing Permanently Closed or Abandoned Mines 281 Editor's Note: Series 42 is declared null and void by Civil Action No.

8 In the Circuit Court of Kanawha County. SERIES 43 Remote Controlled Extended or Deep Cut Mining Operations 281 SERIES 44 Mine Rescue Requirements for the Office of Miners health , safety and Training 283 SERIES 45 The Use of a Solid Triangular Tow Bar to Transport Disabled Underground Rubber-Tired Mining Equipment 284 SERIES 46 Rules and Regulations Governing the safety of Persons Employed in and around River Load-Outs 285 SERIES 48 Rules and Regulations Governing High Voltage Continuous Miners 286 TITLE 37 MINE BOARD OF APPEALS SERIES 1 Procedures and Practice before the Board of Appeals 292 SERIES 2 Procedures for Temporary Suspension of Certificate 300 TITLE 48 BOARD OF MINER TRAINING.

9 EDUCATION AND CERTIFICATION SERIES 1 Standards for Certification of Underground Belt Examiners for Underground Coal Mines 301 iii SERIES 2 safety Training Program for Prospective Underground Coal Miners 302 SERIES 3 safety Training Program for Prospective Surface Coal Miners 322 SERIES 4 Initial Training Program for Prospective Mine Rescue Team Members 338 SERIES 5 (RESERVED) 342 SERIES 6 Certification of Surface Mine Foremen 342 SERIES 7 Standards for Certification of Coal Mine Electricians 344 SERIES 8 Criteria and Standards for Alternative Training Programs for Apprentice Coal Mine Electricians 348 TITLE 56 OFFICE OF MINER'S health .

10 safety AND TRAINING SERIES 1 Procedures and Practice before the Department of Energy 357 SERIES 2 Rules Governing safety Provisions for Clearing Crews 368 SERIES 3 safety of Those Employed in and Around Surface Mines 376 SERIES 4 Emergency Rules Governing Protective Clothing and Equipment 422 SERIES 5 Certification of Blasters for Surface Coal Mines and Surface Areas of Underground Mines 430 Editor's Note: Title 56 Series 5 has been repealed by Title 38 Legislative Rule Division of Environmental Protection Series 2C Section SERIES 6 Open Pit Mines (Exclusive of Surface Mines) 430 SERIES 7 Open Pit Limestone and Sandstone Mines and Underground Limestone and Sandstone Mines 432 SERIES 8 Comprehensive Mine safety Program 435 SERIES 9 Requests for Information (Freedom of Information Act)