STATE OF WEST VIRGINIA OFFICE OF MINERS’ …

1 STATE OF west VIRGINIAOFFICE OF MINERS HEALTH,SAFETY AND TRAININGM ining Laws, Rules and Regulations2015 Reference ManualRevised September, 2015 PREFACEEDITOR S NOTE: Whenever these rules and regulations refer to Director of the department ofEnergy or Director of the department of Mines, it should be referenced to Director of the Officeof miner s Health, Safety and Training, effective October 16, volume includes, for reference purposes, Chapter 22, Article 21, as it pertains to oil andgas wells and mining OFFICE of Miners Health, Safety and Training has created this publication to provide youwith a convenient compilation of west VIRGINIA mine laws. However, this publication was notnecessarily prepared by persons licensed to practice law in a particular jurisdiction. Although everyattempt was made to insure accuracy, the OFFICE of Miners Health, Safety and Training makes noguarantees that any of the text contained herein is accurate and up to date.

2 You should consultthe official west VIRGINIA Code and the west VIRGINIA Code of STATE Regulations as well. The Officeof Miners Health, Safety and Training is not engaged in rendering legal or other professionaladvice, and this publication is not a substitute for the advice of an attorney. If you require legal orother expert advice, you should seek the services of a competent attorney or other obtain copies of this Reference Manual, call, write or order on-line: west VIRGINIA OFFICE of Miners Health, Safety and Training7 Players Club Drive, Suite 2 Charleston, west VIRGINIA 25311 Web Site: : 304-558-1425 Fax: 304-558-1282 TABLE OF CONTENTSCHAPTER 11 TAXATIONARTICLE 13 BBWest VIRGINIA Innovative Mine Safety Technology Tax Credit Act.. 1 CHAPTER 15 PUBLIC SAFETY (Homeland Security)ARTICLE 5 Division of Homeland Security and Emergency 5 ARTICLE 5 BMine and Industrial Accident Rapid Response 6 CHAPTER 22 ENVIRONMENTAL RESOURCESARTICLE 3 Surface Coal Mining and Reclamation 7 ARTICLE 21 Coalbed Methane Wells and 10 CHAPTER 22 AOFFICE OF MINERS HEALTH, SAFETY AND TRAININGARTICLE 1 Administration; 17 ARTICLE 1 AAdministration.

3 Substance 40 ARTICLE 2 Underground 41 ARTICLE 2 AUse of Diesel-Powered Equipment in Underground Coal 87 ARTICLE 3 Underground Clay 94 ARTICLE 4 Open-Pit Mines, Cement Manufacturing Plants andUnderground Limestone and Sandstone 94 ARTICLE 5 Board of 95 ARTICLE 6 Board of Coal Mine Health and 96 ARTICLE 7 Board of miner Training, Education and 103 ARTICLE 8 Certification of Underground and Surface Coal 107 ARTICLE 9 Mine Inspectors Examining 108 ARTICLE 10 Emergency Medical Personnel.. 110 ARTICLE 11 Mine Safety 110 ARTICLE 12 Underground Accident 112 CHAPTER 24 PUBLIC SERVICE COMMISSIONARTICLE 6 Local Emergency Telephone 112 CHAPTER 61 CRIMES AND THEIR PUNISHMENTARTICLE 3 Crimes Against 113 TITLE 36 BOARD OF COAL MINE HEALTH AND SAFETYSERIES 1 Approvals and Permits, Explosives and Ventilation for the Construction of Shaftand/or Slope 113 SERIES 2 Emergency Communications Requirements for Shaft and/or Slope Operations andArrangements for Emergency Medical Assistance and Transporting for Injured Persons;Reporting Requirements; Posting Requirements at Shaft and/or Slope Operations.

4 119 SERIES 3 Certification and Statutory Duties of Shaft and/or Slope Superintendent-Examiner-Foreman and 120 SERIES 4 Movement of Mining Equipment within Coal Mines in theState of west 126 SERIES 5 Telephone Service or Communication 133 SERIES 6 Longwall 134 SERIES 7 Shortwall 138 SERIES 8 The Right of a miner to Refuse to Operate Alleged Unsafe 141 SERIES 9 Electrical Provisions in Shaft and/or Slope Construction Operations.. 143 SERIES 10 Roof 146 SERIES 11 When Underground Mine Foreman-Fire Boss Required; Assistants;Certification; Reopening of Abandoned Mines and Deenergizationof Self-Propelled Electric Coal Feeders; Performance 156 SERIES 12 Electrical Provisions for Underground 157 SERIES 13 Authority, Accountability and Responsibility of Underground MineForeman; Responsibility of Operator in Relation to Mine Foreman;and Regulatory Review Procedures.

5 163 SERIES 14 Electrical Equipment in Mines; Required 164 SERIES 15 Ventilation by Use of Mechanically Operated 165 SERIES 16 The Blocking of Equipment Prior to Performing Work on Such 166 SERIES 17 Unused and Abandoned Parts of 167 SERIES 18 Responsibility for Care and Maintenance of 168 SERIES 19 Written Reports of 169 SERIES 20 Independent 171iiSERIES 21 Instruction of Employees and Supervision of Apprentices; AnnualExamination of Persons Using Flame Safety Lamps; Recordsof Examination; Maintenance of Methane Detectors.. 173 SERIES 22No Act Permitted Endangering Security of Mine; Search forIntoxicants, Matches, .. 174 SERIES 23 Surface Construction Operations within Coal Mining 175 SERIES 24 Record Keeping of All Certified Persons Employed in All 255 SERIES 25 Operation of Track Haulage 256 SERIES 26 Construction and Rehabilitation Operations in Underground Mines.

6 257 SERIES 27 Surface Areas on Mine Property and Limitations on MiningAdjacent to Gas Facilities.. 257 SERIES 28 Coal and Rock 262 SERIES 29 Coupling and Uncoupling of Mine 262 SERIES 30 Operation of Section Haulage 263 SERIES 31 Prevention of Injuries Due to Handling 263 SERIES 32 Housekeeping Practices in Underground Mines andSurface Areas of Underground 264 SERIES 33 Underground Mine Car Loading 264 SERIES 34 Underground Mining Equipment to Conform with Height of Seam.. 265 SERIES 35 Auger-Type Continuous Mining 265 SERIES 36 Trolley Pole Swing 266 SERIES 37 Rulemaking Procedures for the Board of Coal Mine Health and 266 SERIES 38 Personal Protective .. 269 SERIES 39 Car 270 SERIES 40 The Use of Lifting 271 SERIES 41 Sheathed Explosive 271 SERIES 42 Sealing Permanently Closed or Abandoned 272(Declared null and void by Civil Action No.)

7 95-Misc:-565 in the Circuit Court of Kanawha County)SERIES 43 Remote Controlled Extended or Deep-Cut Mining 273 SERIES 44 Mine Rescue Requirements for the OFFICE of Miners Health, Safety & Training.. 274iiiSERIES 45 Use of a Solid Triangular Tow Bar to Transport Disabled UndergroundRubber-Tired Mining 276 SERIES 46 Safety of Persons Employed In and Around River 276 SERIES 47 High Voltage 277 SERIES 48 High Voltage Continuous 280 SERIES 53 Hoisting Machinery; Telephones; Safety Devices; Hoisting Engineersand Drum Runners in Underground Coal 286 SERIES 54 Machine Mounted Methane Monitors in Underground Coal 290 SERIES 55 Reporting of Failed Substance Abuse Pre-Employment Screenings andTests and Approval of Rehabilitation Programs by the Board of Appeals.. 292 SERIES 56 Arrangements for Emergency Medical Assistance and Transportationfor Injured 293 SERIES 57 Proximity Detection Systems and Haulage Safety 294 SERIES 58 Impoundment Safety 296 TITLE 37 MINE BOARD OF APPEALSSERIES 1 Procedures and Practice before the Board of 296 SERIES 2 Temporary Suspension of 305 TITLE 48 BOARD OF miner TRAINING, EDUCATION AND CERTIFICATIONSERIES 1 Standards for Certification of Underground Belt Examiners for Underground Coal 306 SERIES 2 Safety Training Program for Prospective Underground Coal Miners.

8 307 SERIES 3 Safety Training Program for Prospective Surface Coal 328 SERIES 4 Initial Training Program for Prospective Mine Rescue Team Membersand Additional Mine Rescue 345 SERIES 5(RESERVED).. 350 SERIES 6 Certification of Surface Mine 350 SERIES 7 Standards for Certification of Coal Mine 351 SERIES 8 Criteria and Standards for Alternative Training Programs forApprentice Coal Mine Electricians.. 356 TITLE 56 OFFICE OF MINERS HEALTH, SAFETY AND TRAININGSERIES 1 Procedures and Practice Before the department of 368ivSERIES 2 Safety Provisions for Clearing 380 SERIES 3 Safety of Those Employed In and Around Surface Mines.. 389 SERIES 4 Protective Clothing and 435 SERIES 5 Certification of Blasters for Surface Coal Mines and SurfaceAreas of Underground Mines .. 444(Repealed by Title 38, Legislative Rule Division of Environmental Protection, Series 2C, Section )SERIES 6 Open Pit Mines, Exclusive of Surface 444 SERIES 7 Open Pit Limestone and Sandstone Mines andUnderground Limestone and Sandstone 446 SERIES 8 Submission and approval of a Comprehensive Mine Safety Programfor Coal Mining Operations in the STATE of west 450 SERIES 9 Requests for Information (Freedom of Information Act).

9 454 SERIES 10 Reporting Requirements for Independent 456 SERIES 11 First-Aid Training of Shaft and Slope 456 SERIES 12 Assessing Health and Safety Violation 457 SERIES 13 Drug Testing of Mine Inspectors and Mine Safety 462 SERIES 14 Application Process for the west VIRGINIA Innovative MineSafety Technology Tax Credit 465 SERIES 17 Organization and Implementation Procedures for Control ofCoal Dust, Rock Dust 467 SERIES 18 Program for the Sharing of Information Between Employers.. 469 SERIES 19 Substance Abuse Screening, Standards and Procedures.. 470 SERIES 20 Safety of Those Employed in and Around Quarries in west VIRGINIA .. 477 SERIES 21 Self-Contained Self-Rescue Device Immediate 477 TITLE 170 west VIRGINIA DIVISION OF HOMELAND SECURITYAND EMERGENCY MANAGEMENTSERIES 1 Mine and Industrial Accident Rapid Response System in west 477 TITLE 196 DIESEL EQUIPMENT COMMISSIONSERIES 1 Operating Diesel Equipment in Underground 493vCHAPTER 11.

10 13BB. west VIRGINIA INNOVATIVE MINE SAFETY TECHNOLOGY TAX CREDIT ACT. 11-13BB-1. Short article may be cited as the west VIRGINIA Innovative Mine Safety Technology Tax Credit Act . 11-13BB-2. Legislative findings and Legislature finds that the encouragement of new investment in innovative coal mine safetytechnology in this STATE is in the public interest and promotes the general welfare of the people of this STATE . 11-13BB-3. Definitions. (a) Any term used in this article has the meaning ascribed by this section unless a different meaning isclearly required by the context of its use or by definition in this article. (b) For purposes of this article, the term: (1) Certified eligible safety property means eligible safety property in which an eligible taxpayer hasmade qualified investment for which credit has been certified under this article.