West Virginia Code
Article 2. Underground Mines
§22A-2-43a. Operation of Cutting and Mining Machines; Repair and Maintenance of Same

(a) Qualified person to operate cutting machine. -- No person shall be placed in charge of a coal-cutting machine in any mine who is not a qualified person, capable of determining the safety of the roof and sides of the working places and of detecting the presence of explosive gas, unless they are accompanied by a certified or qualified person who has passed such an examination.
(b) Operation of mining machines. -- Machine operators and helpers shall use care while operating mining machines. They shall examine the roof of the working place to see that it is safe before starting to operate the machine. They shall not move the machine while the cutter chain is in motion. Additionally, no person shall operate the cutterhead on any continuous miner while the machine is moving from place to place underground: Provided, That a cutterhead may be operated during clean up or when the machine is extracting coal.
(c) Repair and maintenance of mining machines. -- (1) Repairs or maintenance shall not be performed on mining machines until the power is off and locked and tagged, if required by law, and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments. For purposes of this subsection, the following terms shall have the following meanings:
(A) "Maintenance" means the labor of keeping machinery in good working order and includes cleaning, clearing jammed material or conducting examinations on or in close proximity to machinery; and
(B) "Repair" means to fix, mend, or restore to good working order.
(d) Methods to comply with the standard to prevent inadvertent or unexpected motion include:
(A) Opening the circuit breaker for the affected machinery, provided no energized parts or conductors are exposed, and placing the run selector switch for startup of the machinery in the "off" position. On longwall machinery, this would include placing the lockout switch in the lockout position in the area were the repair or maintenance is being performed. A qualified electrician is required to de-energize a circuit breaker if there are exposed energized parts or conductors; or
(B) Opening the circuit breaker at the power center that supplies power for the affected machinery and disengaging the power cable coupler that supplies power to the machinery; or
(C) Opening a manual visible disconnect switch, either within the circuit or onboard the machinery, and securing the switch against reenergization, as required by law. A control circuit start-stop switch does not constitute a manual disconnect; or
(D) In cases such as steeply inclined belt conveyors and suspended loads, when removing the power alone will not ensure against unintentional or inadvertent movement, the machinery shall be physically blocked, in addition to removing the power by one of the three methods described above. Physical blocking may be achieved by the use of such devices as bars, chocks or clamps.

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