West Virginia Code
Article 2. Underground Mines
§22A-2-3. Fans


(a) The ventilation of mines, the systems for which extend for more than 200 feet underground, and which are opened after the effective date of this article, shall be produced by a mechanically operated fan or mechanically operated fans. Ventilation by means of a furnace is prohibited in any mine. The fan or fans shall be kept in continuous operation, unless written permission to do otherwise be granted by the director. In case of interruption to a ventilating fan or its machinery whereby the ventilation of the mine is interrupted, immediate action shall be taken by the mine operator or the operator’s management personnel, in all mines, to cut off the power and withdraw the men from the face regions or other areas of the mine affected. If ventilation is restored in 15 minutes, the face regions and other places in the affected areas where gas (methane) is likely to accumulate, shall be reexamined by a certified person; and if found free of explosive gas, power may be restored and work resumed. If ventilation is not restored in 15 minutes, all underground employees shall be removed from the mine, all power shall be cut off in a timely manner, and the underground employees shall not return until ventilation is restored and the mine examined by certified persons, mine examiners, or other persons holding a certificate to make preshift examination. If ventilation is restored to the mine before miners reach the surface, the miners may return to underground working areas only after an examination of the areas is made by a certified person and the areas are determined to be safe.
(b) All main fans installed after the effective date of this article shall be located on the surface in fireproof housings offset not less than 15 feet from the nearest side of the mine opening, equipped with fireproof air ducts, provided with explosion doors or a weak wall, and operated from an independent power circuit. In lieu of the requirements for the location of fans and pressure-relief facilities, a fan may be directly in front of, or over a mine opening: Provided, That such opening is not in direct line with possible forces coming out of the mine if an explosion occurs: Provided, however, That there is another opening having a weak wall stopping or explosion doors that would be in direct line with forces coming out of the mine. All main fans shall be provided with pressure-recording gauges or water gauges. A daily inspection shall be made of all main fans and machinery connected therewith by a certified electrician and a record kept of the same in a book prescribed for this purpose or by adequate facilities provided to permanently record the performance of the main fans and to give warning of an interruption to a fan.
(c) Auxiliary fans and tubing shall be permitted to be used in lieu of or in conjunction with line brattice to provide adequate ventilation to the working faces: Provided, That auxiliary fans be so located and operated to avoid recirculation of air at any time. Auxiliary fans shall be approved and maintained as permissible.
(d) If the auxiliary fan is stopped or fails, the electrical equipment in the place shall be stopped and the power disconnected at the power source until ventilation in the working place is restored. During such stoppage, the ventilation shall be, by means of the primary air current conducted into the place, in a manner to prevent accumulation of methane.
(e) In places where auxiliary fans and tubing are used, the ventilation between shifts, weekends, and idle shifts shall be provided to face areas with line brattice or the equivalent to prevent accumulation of methane.
(f) The director may require that when continuous mine equipment is being used, all face ventilating systems using auxiliary fans and tubing shall be provided with machine-mounted diffuser fans, and such fans shall be continuously operated during mining operations.
(g) In the event of a fire or explosion in any coal mine, the ventilating fan or fans shall not intentionally be started, stopped, speed increased or decreased or the direction of the air current changed without the approval of the general mine foreman, and, if he or she is not immediately available, a representative of the Office of Miners’ Health, Safety, and Training. A duly authorized representative of the employees should be consulted if practical under the circumstances.
(h) The MSHA-approved plan relating to fans shall serve as the state-approved plan: Provided, That the MSHA-approved plan shall comply with all provisions of state mining law as set forth in state code or code of state rules.

Structure West Virginia Code

West Virginia Code

Chapter 22A. Miners' Health, Safety and Training

Article 2. Underground Mines

§22A-2-1. Supervision by Professional Engineer or Licensed Land Surveyor; Seal and Certification; Contents; Extensions; Repository; Availability; Traversing; Copies; Archive; Final Survey and Map; Penalties

§22A-2-2. Submittal of Detailed Ventilation Plan to Director

§22A-2-3. Fans

§22A-2-4. Ventilation of Mines in General

§22A-2-4a. Use of Belt Air

§22A-2-5. Unused and Abandoned Parts of Mine

§22A-2-6. Requirements for Movement of Off-Track Mining Equipment in Areas of Active Workings Where Energized Trolley Wires or Trolley Feeder Wires Are Present; Premovement Requirements; Certified and Qualified Persons

§22A-2-7. When Underground Mine Foreman-Fire Boss Required; Assistants; Certification

§22A-2-8. Duties; Ventilation; Loose Coal, Slate or Rocks; Props; Drainage of Water; Man Doors; Instruction of Apprentice Miners

§22A-2-9. Slopes, Incline Planes and Haulage Roads

§22A-2-10. Signals on Haulways; Lights at Mouth and Bottom of Shaft; Operation of Cages

§22A-2-11. Boreholes

§22A-2-12. Instruction of Employees and Supervision of Apprentices; Annual Examination of Persons Using Approved Methane-Detecting Devices; Records of Examination; Maintenance of Methane Detectors, etc.

§22A-2-13. Daily Inspection of Working Places; Records

§22A-2-14. Safety Inspections; Removal of Gases

§22A-2-15. Dangerous Places

§22A-2-16. Examinations of Reports of Fire Bosses

§22A-2-17. Ascertainment, Record and Removal of All Dangers

§22A-2-18. Duty of Mine Foreman to Notify Operator When Unable to Comply With Law; Duty of Operator

§22A-2-19. Death or Resignation of Mine Foreman; Successor

§22A-2-20. Preparation of Danger Signal by Fire Boss or Certified Person Acting as Such Prior to Examination; Report; Records Open for Inspection

§22A-2-21. Fire Bosses to Have No Superior Officers

§22A-2-22. Unlawful to Enter Mine Until Fire Boss Reports It Safe; Exceptions

§22A-2-23. Authority of Fire Boss to Perform Other Duties

§22A-2-24. Control of Coal Dust; Rock Dusting

§22A-2-25. Roof Control Programs and Plans; Refusal to Work Under Unsupported Roof

§22A-2-26. Roof Support; Specific Requirements

§22A-2-27. Canopies or Cabs; Electric Face Equipment

§22A-2-28. Equipment to Conform With Height of Seam

§22A-2-29. Use of Authorized Explosives; Storage or Use of Unauthorized Explosives

§22A-2-30. Surface Magazines for Explosives

§22A-2-31. Transportation of Explosives

§22A-2-32. Underground Storage of Explosives

§22A-2-33. Preparation of Shots; Blasting Practices

§22A-2-34. Misfires of Explosives

§22A-2-35. Other Blasting Devices

§22A-2-36. Hoisting Machinery; Telephones; Safety Devices; Hoisting Engineers and Drum Runners

§22A-2-37. Haulage Roads and Equipment; Shelter Holes; Prohibited Practices; Signals; Inspection

§22A-2-38. Transportation of Miners by Cars; Self-Propelled Equipment; Belts

§22A-2-39. Belt Conveyor; Installation; Maintenance; Examination of Belt Conveyors and Belt Entries

§22A-2-40. General Provisions

§22A-2-41. Bonding Track Used as Power Conductor

§22A-2-42. Telephone Service or Communication Facilities

§22A-2-43. Actions to Detect and Respond to Excess Methane

§22A-2-43a. Operation of Cutting and Mining Machines; Repair and Maintenance of Same

§22A-2-44. Hand-Held Electric Drills and Rotating Tools; Trailing Cables

§22A-2-45. Installation of Lighting

§22A-2-46. Welding and Cutting

§22A-2-47. Responsibility for Care and Maintenance of Face Equipment

§22A-2-48. When Respiratory Equipment to Be Worn; Control of Dust

§22A-2-49. Safeguards for Mechanical Equipment

§22A-2-50. Procurement of Dust-Tight Electrical Equipment; Fireproof Construction; Dust Control; Repairs; Welding; Handrails and Toeboards; Protection of Personnel on Conveyors; Back Guards on Ladders; Walkways or Safety Devices Around Thickeners

§22A-2-51. Housekeeping

§22A-2-52. Storage of Flammable Liquids in Lamphouse

§22A-2-53. Smoking in and Around Surface Structures

§22A-2-53a. Railroad Cars; Dumping Areas; Other Surface Areas

§22A-2-53b. Haulage or Surface Areas

§22A-2-53c. Ramps; Tipples; Cleaning Plants; Other Surface Areas

§22A-2-54. Duties of Persons Subject to Article; Rules and Regulations of Operators

§22A-2-55. Protective Equipment and Clothing

§22A-2-55a. Safety Helmets

§22A-2-56. Checking Systems

§22A-2-57. No Act Permitted Endangering Security of Mine; Search for Intoxicants, Matches, etc.

§22A-2-58. Fire Protection

§22A-2-59. First-Aid Equipment

§22A-2-60. Accessible Outlets; Safe Roadways for Emergencies; Accessibility of First Aid Equipment; Use of Special Capsule for Removal of Personnel

§22A-2-61. Coal Storage Bins; Recovery Tunnels; Coal Storage Piles

§22A-2-62. Thermal Coal Dryers and Plants

§22A-2-63. No Mine to Be Opened or Reopened Without Prior Approval of the Director of the Office of Miners' Health, Safety and Training; Certificate of Approval; Approval Fees; Extension of Certificate of Approval; Certificates of Approval Not Transf...

§22A-2-64. Sealing Permanently Closed or Abandoned Mines

§22A-2-65. Mining Close to Abandoned Workings

§22A-2-66. Accident; Notice; Investigation by Office of Miners' Health, Safety and Training

§22A-2-67. Written Report of Accident

§22A-2-68. Preservation of Evidence Following Accident or Disaster

§22A-2-70. Shafts and Slopes

§22A-2-71. Right of Miner to Refuse to Operate Unsafe Equipment; Procedure; Discrimination

§22A-2-71a. Right of Miner to Refuse to Work in an Unsafe Area or Unsafe Manner

§22A-2-72. Long Wall and Short Wall Mining

§22A-2-73. Construction of Shafts, Slopes, Surface Facilities and the Safety Hazards Attendant Therewith; Duties of Board of Coal Mine Health and Safety to Promulgate Rules; Time Limits Therefor

§22A-2-74. Control of Respirable Dust

§22A-2-75. Coal Operators -- Procedure Before Operating Near Oil and Gas Wells

§22A-2-76. Reopening Old or Abandoned Mines

§22A-2-77. Quarterly Report by Operator of Mine; Exception as to Certain Inactive Mines

§22A-2-78. Examinations to Determine Compliance With Permits

§22A-2-79. Provisions of Article Severable

§22A-2-80. Existing Regulations to Be Revised