West Virginia Code
Article 2. Underground Mines
§22A-2-36. Hoisting Machinery; Telephones; Safety Devices; Hoisting Engineers and Drum Runners

§22A-2-36. Hoisting machinery; telephones; safety devices; hoisting engineers and drum runners.
(a) The operator of every coal mine worked by shaft shall provide and maintain a metal tube, telephone or other approved means of communication from the top to the bottom and intermediate landings of such shafts, suitably adapted to the free passage of sound, through which conversation may be held between persons at the top and at the bottom of the shaft; a standard means of signaling; an approved safety catch, bridle chains, automatic stopping device, or automatic overwind; a sufficient cover overhead on every cage used for lowering or hoisting persons; an approved safety gate at the top of the shaft; and an adequate brake on the drum of every machine used to lower or hoist persons in such shaft. Such operator shall have the machinery used for lowering and hoisting persons into or out of the mine kept in safe condition, equipped with a reliable indicator, and inspected once in each twenty-four hours by a qualified electrician. Where a hoisting engineer is required, he or she shall be readily available at all times when men are in the mine. He or she shall operate the empty cage up and down the shaft at least one round trip at the beginning of each shift there shall be cut out around the side of the hoisting shaft or driven through the solid strata at the bottom thereof, a traveling way, not less than five feet high and three feet wide to enable a person to pass the shaft in going from one side of it to the other without passing over or under the cage or other hoisting apparatus. Positive stop blocks or derails shall be placed near the top and at all intermediate landings of slopes and surface inclines and at approaches to all shaft landings. A waiting station with sufficient room, ample clearance from moving equipment, and adequate seating facilities shall be provided where men are required to wait for man trips or man cages, and the miners shall remain in such station until the man trip or man cage is available.
(b) No operator of any coal mine worked by shaft, slope or incline, shall place in charge of any engine or drum used for lowering or hoisting persons employed in such mine any but competent and sober engineers or drum runners; and no engineer or drum runner in charge of such machinery shall allow any person, except such as may be designated for this purpose by the operator, to interfere with any part of the machinery; and no person shall interfere with any part of the machinery; and no person shall interfere with or intimidate the engineer or drum runner in the discharge of his or her duties. Where the mine is operated or worked by shaft or slope, a minimum space of two and one-half square feet per person shall be available for each person on any cage or car where men are transported. In no instance shall more than twenty miners be transported on a cage or car without the approval of the director. No person shall ride on a loaded cage or car in any shaft, slope, or incline: Provided, That this does not prevent any trip rider from riding in the performance of his or her authorized duties. No engineer is required for automatically operated cages, elevators, or platforms. Cages and elevators shall have an emergency power source unless provided with other escapeway facilities.
(c) Each automatic elevator shall be provided with a telephone or other effective communication system by which aid or assistance can be obtained promptly.
(d) A stop switch shall be provided in the automatic elevator compartment that will permit the elevator to be stopped at any location in the shaft.

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