STATE OF WEST VIRGINIA - wvminesafety.org

1 STATE OF west VIRGINIA OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING Mining laws , rules and Regulations 2007 Reference Manual 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 includes for reference purposes, Chapter 22, Article 21 as it pertains to Oil and Gas Wells, and mining operations.

2 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 was not necessarily prepared by persons licensed to practice law in a particular jurisdiction. 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.

3 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. To obtain copies of this Reference Manual call, write or order on-line: WV Office of Miners' Health, Safety and Training 1615 Washington St.

4 , East Charleston, WV 25311-2126 Web Site: Phone: (304) 558-1425 Fax: (304) 558-1282 WV OFFICE OF MINERS HEALTH SAFETY AND TRAINING OFFICES AND ADMINISTRATION DIRECTOR S OFFICE 1615 WASHINGTON STREET EAST CHARLESTON, west VIRGINIA 25311-2126 TELEPHONE: 304 558-1425 FAX: 304 558-4875 DIRECTOR .. Ronald L. Wooten DEPUTY DIRECTOR ..C. A. Phillips REGIONAL OFFICES REGION ONE FAIRMONT REGION TWO WELCH 205 Marion Square 891 Stewart Street Fairmont, WV 26554-2800 Welch, WV 24801-2311 Telephone: 304-367-2706 Telephone.

5 304-436-8421 Fax: 304-367-2708 Fax: 304-436-2100 REGION THREE - DANVILLE REGION FOUR OAK HILL 137 Peach Court, Suite 2 142 Industrial Drive Danville, WV 25053 Oak Hill, WV 25901-9714 Telephone: 304-369-7823 Telephone: 304-469-8100 Fax: 304-369-7826 Fax.

6 304-469-4059 TABLE OF CONTENTS CHAPTER 15 PUBLIC SAFETY ARTICLE 5 Division of Homeland Security and Emergency Management 2 ARTICLE 5B Mine and Industrial Accident Rapid Response System 2 CHAPTER 22 ENVIRONMENTAL PROTECTION ARTICLE 21 Oil and Gas Wells 3 CHAPTER 22A MINERS' HEALTH, SAFETY AND TRAINING ARTICLE 1 Administration.

7 Enforcement 9 ARTICLE 2 Underground Mines 26 ARTICLE 2A Use of Diesel-Powered Equipment in Underground Coal Mines 62 ARTICLE 3 Underground Clay Mines 68 ARTICLE 4 Open-Pit Mines, Cement Manufacturing Plants.

8 And Underground Limestone and Sandstone Mines 69 ARTICLE 5 Board of Appeals 70 ARTICLE 6 Board of Coal Mine Health and Safety 70 ARTICLE 7 Board of Miner Training, Education and Certification 75 ARTICLE 8 Certification of Underground and Surface Coal Miners 78 ARTICLE 9 Mine Inspectors Examining Board

9 79 ARTICLE 10 Emergency Medical Personnel 80 ARTICLE 11 Mine Safety Technology 81 CHAPTER 24 PUBLIC SERVICE COMMISSION ARTICLE 6 Local Emergency Telephone System 82 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 83 SERIES 2 Emergency Communications Requirements for Shaft and/or Slope Operations and Arrangements for Emergency Medical Assistance and Transporting Injured Persons; Reporting Requirements.

10 Posting Requirements at Shaft and/or Slope Operations 87 SERIES 3 Certification and Statutory Duties of Shaft and/or Slope Superintendent-Examiner-Foreman and Examiner-Foreman 88 SERIES 4 Movement of Mining Equipment Within Coal Mines 93 SERIES 5 Telephone Service or Communication Facilities 103 SERIES 6 Longwall Mining 104 SERIES 7 Shortwall Mining 107 SERIES 8 Right of a Miner to Refuse to Operate Alleged Unsafe Equipment 109 SERIES 9 Electrical Provisions in Shaft and/or Slope Construction Operations 111 SERIES 10 Roof Control 113 SERIES 11 When U