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Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement
§22A-1-1. Continuation of the Office of Miners' Health, Safety and Training; Purpose - (a) The office of miners' health, safety and training is...
§22A-1-2. Definitions - Unless the context in which used clearly requires a different...
§22A-1-3. Director of the Office of Miners' Health, Safety and Training - (a) The Director of the Office of Miners' Health, Safety...
§22A-1-4. Powers and Duties of the Director of the Office of Miners' Health, Safety and Training - (a) The Director of the Office of Miners' Health, Safety...
§22A-1-5. Offices Continued in the Office of Miners’ Health, Safety and Training - (a) There are hereby continued in the Office of Miners’...
§22A-1-6. Director's Authority to Promulgate Rules - The director has the power and authority to propose or...
§22A-1-7. Savings Provisions - All orders, determinations, rules, permits, grants, contracts, certificates, licenses and...
§22A-1-8. Mine Inspectors; Regions and Districts; Employment; Tenure; Oath - Notwithstanding any other provisions of this code to the contrary,...
§22A-1-9. Mine Safety Instructors; Eligibility; Qualifications; Examinations; Salary; Provisions Relating to Underground Mine Inspectors Applicable to Mine Safety Instructors - (a) The office shall employ a sufficient number of mine...
§22A-1-10. Mine Inspectors May Be Appointed to Fill Vacancy in Division - Notwithstanding any other provisions of law, if a vacancy occurs...
§22A-1-11. Employment of Electrical Inspectors; Eligibility; Qualifications; Examinations; Salary; Provisions Relating to Underground Mine Inspectors Applicable to Electrical Inspectors - (a) The office shall employ a sufficient number of electrical...
§22A-1-12. Employment of Underground Mine Inspectors; Eligibility; Qualifications; Examinations; Salary and Expenses; Reinstatement; Removal - (a) The office shall employ as many underground mine inspectors...
§22A-1-13. Employment of Surface Mine Inspectors; Eligibility; Qualifications; Examinations; Salary; Provisions Relating to Underground Mine Inspectors Applicable to Surface Mine Inspectors - (a) The office shall employ as many surface mine inspectors...
§22A-1-13a. Study of Mine Inspector Qualification, Compensation, Training and Inspection Programs - The director is directed to conduct a study of the...
§22A-1-14. Director and Inspectors Authorized to Enter Mines; Duties of Inspectors to Examine Mines; No Advance Notice of an Inspection; Reports After Fatal Accidents - (a) The director, or his or her authorized representative, has...
§22A-1-15. Findings, Orders and Notices - (a) If upon any inspection of a coal mine an...
§22A-1-16. Powers and Duties of Electrical Inspectors as to Inspections, Findings and Orders; Reports of Electrical Inspectors - In order that the electrical inspector may properly perform the...
§22A-1-17. Review of Orders and Notices by the Director - (a) (1) An operator, issued an order pursuant to the...
§22A-1-18. Posting of Notices, Orders and Decisions; Delivery to Agent of Operator; Names and Addresses to Be Filed by Operators - (a) At each coal mine there shall be maintained an...
§22A-1-19. Judicial Review - (a) Any order or decision issued by the director under...
§22A-1-20. Injunctions - The director may institute a civil action for relief, including...
§22A-1-21. Penalties - (a) (1) Any operator of a coal mine in which...
§22A-1-22. Discrimination - (a) No person shall discharge or in any other way...
§22A-1-23. Records and Reports - In addition to such records as are specifically required by...
§22A-1-24. Mine Foreman Examiner for Mine Foremen-Fire Bosses and Assistant Mine Foremen-Fire Bosses; Salary - The director shall appoint a mine foreman examiner to examine...
§22A-1-25. Duties of Mine Foreman Examiner - The duties of the mine foreman examiner are to: (a)...
§22A-1-26. Place and Time for Examinations - The director shall determine the location where the mine foreman...
§22A-1-27. Preparation of Examinations; Notice of Intention to Take Examination; Investigation of Applicants - The mine foreman examiner shall, with the approval of the...
§22A-1-28. Certificates of Qualification Heretofore Granted - Certificates of qualification of service heretofore granted shall have equal...
§22A-1-29. Mine Foreman Examiner to Certify Successful Applicants to Director - The mine foreman examiner shall certify to the director, on...
§22A-1-30. Record of Examination - The mine foreman examiner shall send to the director the...
§22A-1-31. Withdrawal of Certification - (a) Charge of breach of duty. - A mine inspector...
§22A-1-32. Certification of Mine Foreman or Assistant Mine Foreman Whose License to Engage in Similar Activities Suspended in Another State - Any person whose license, certificate or similar authority to perform...
§22A-1-33. Mine Rescue Stations; Equipment - The director is hereby authorized to purchase, equip and operate...
§22A-1-34. Mine Rescue Crews - The director is hereby authorized to have trained and employed...
§22A-1-35. Mine Rescue Teams - (a) The operator shall provide mine rescue coverage at each...
§22A-1-36. Mandatory Safety Programs; Penalties - (a) The director, in consultation with the state Board of...
§22A-1-37. Certification of Surface Mine Foremen - (a) In every surface mine, regulated under the provisions of...
§22A-1-38. Applicability and Enforcement of Laws Safeguarding Life and Property; Rules; Authority of Director Regarding Enforcing Safety Laws - All provisions of this chapter intended to safeguard life and...
§22A-1-39. Reciprocity of Mine Foreman Certification and Experienced Miner Certification - (a) Beginning April 1, 1999, and notwithstanding any other provisions...
§22A-1-40. Reporting Violations, Accident Investigations; Witness Interviews - (a) To the extent permitted by law, any person meeting...
§22A-1-41. The Coal Jobs and Safety Act of 2015; Legislative Findings - (a) Legislative findings. -- (1) In the past six years,...
§22A-1-42. Surface Ground Control Plan; Automated External Defibrillator - (a) The MSHA-approved surface ground control plan shall serve as...
§22A-1-43. Hold Harmless Clause; Decision to Enter Mine - (a) If any injury or death shall occur to any...
§22A-1-44. Temporary Exemption for Environmental Regulations - In the event of an unauthorized entry by any person...
Article 1A. Office of Miners' Health, Safety and Training; Administration; Substance Abuse
§22A-1A-1. Substance Abuse Screening; Minimum Requirements; Standards and Procedures for Screening - (a) Every employer of certified persons, as defined in §22A-1-2...
§22A-1A-2. Board of Appeals Hearing Procedures - (a) Any hearing conducted after the temporary suspension of a...
§22A-1A-3. Disclosure of Records Exempt; Exceptions - Records of substance abuse and alcohol screening tests, written or...
§22A-1A-4. Effective Date - The provisions of this article are effective beginning January 1,...
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 - The mapping of all coal mines shall be supervised by...
§22A-2-2. Submittal of Detailed Ventilation Plan to Director - (a) A mine operator shall give the director a copy...
§22A-2-3. Fans - (a) The ventilation of mines, the systems for which extend...
§22A-2-4. Ventilation of Mines in General - (a) The operator or mine foreman of every coal mine,...
§22A-2-4a. Use of Belt Air - (a) Definitions. — For purposes of this section, “belt air”...
§22A-2-5. Unused and Abandoned Parts of Mine - (a) In any mine, all workings which are abandoned after...
§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 - Mining equipment being transported or trammed underground, other than ordinary...
§22A-2-7. When Underground Mine Foreman-Fire Boss Required; Assistants; Certification - §22A-2-7. When underground mine foreman-fire boss required; assistants; certification. (a)...
§22A-2-8. Duties; Ventilation; Loose Coal, Slate or Rocks; Props; Drainage of Water; Man Doors; Instruction of Apprentice Miners - (a) The duties of the mine foreman shall be to...
§22A-2-9. Slopes, Incline Planes and Haulage Roads - The mine foreman shall require that all slopes, incline planes...
§22A-2-10. Signals on Haulways; Lights at Mouth and Bottom of Shaft; Operation of Cages - On all haulways, where hauling is done by machinery of...
§22A-2-11. Boreholes - It shall further be the duty of the mine foreman...
§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. - (a) The Office of Miners" Health, Safety, and Training shall...
§22A-2-13. Daily Inspection of Working Places; Records - Before the beginning of any shift upon which they shall...
§22A-2-14. Safety Inspections; Removal of Gases - It shall be the duty of the mine foreman, assistant...
§22A-2-15. Dangerous Places - The mine foreman shall direct and see that all dangerous...
§22A-2-16. Examinations of Reports of Fire Bosses - The mine foreman shall, each day, read carefully and countersign...
§22A-2-17. Ascertainment, Record and Removal of All Dangers - The mine foreman shall give prompt attention to the removal...
§22A-2-18. Duty of Mine Foreman to Notify Operator When Unable to Comply With Law; Duty of Operator - The mine foreman shall notify, in writing, the operator or...
§22A-2-19. Death or Resignation of Mine Foreman; Successor - In case of the death or resignation of a mine...
§22A-2-20. Preparation of Danger Signal by Fire Boss or Certified Person Acting as Such Prior to Examination; Report; Records Open for Inspection - (a) It is the duty of the fire boss, or...
§22A-2-21. Fire Bosses to Have No Superior Officers - In the performance of the duties devolving upon fire bosses,...
§22A-2-22. Unlawful to Enter Mine Until Fire Boss Reports It Safe; Exceptions - No person shall enter such mine or mines for any...
§22A-2-23. Authority of Fire Boss to Perform Other Duties - Notwithstanding any other provision in this article contained, any person...
§22A-2-24. Control of Coal Dust; Rock Dusting - (a) In all mines, dangerous accumulations of fine, dry coal...
§22A-2-25. Roof Control Programs and Plans; Refusal to Work Under Unsupported Roof - (a) Each operator shall undertake to carry out on a...
§22A-2-26. Roof Support; Specific Requirements - (a) Generally. — The method of mining followed in any...
§22A-2-27. Canopies or Cabs; Electric Face Equipment - An authorized representative of the director may require in any...
§22A-2-28. Equipment to Conform With Height of Seam - The use of underground mining equipment of a size that...
§22A-2-29. Use of Authorized Explosives; Storage or Use of Unauthorized Explosives - §22A-2-29. Use of authorized explosives; storage or use of unauthorized...
§22A-2-30. Surface Magazines for Explosives - Separate surface magazines shall be provided for storage of explosives,...
§22A-2-31. Transportation of Explosives - Individual containers used to carry permissible explosives or detonators shall...
§22A-2-32. Underground Storage of Explosives - Explosives and detonators stored underground shall be kept in section...
§22A-2-33. Preparation of Shots; Blasting Practices - (a) Only a certified "shot firer" designated by mine management...
§22A-2-34. Misfires of Explosives - (a) Where misfires occur with electric detonators, a waiting period...
§22A-2-35. Other Blasting Devices - (a) The provisions governing the handling, storage, transportation and use...
§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...
§22A-2-37. Haulage Roads and Equipment; Shelter Holes; Prohibited Practices; Signals; Inspection - (a) Use of haulage roads and equipment along with signals...
§22A-2-38. Transportation of Miners by Cars; Self-Propelled Equipment; Belts - (a) Man trips shall be pulled, unless self-propelled, at safe...
§22A-2-39. Belt Conveyor; Installation; Maintenance; Examination of Belt Conveyors and Belt Entries - (a) On or after July 1, 1971, all conveyor belts...
§22A-2-40. General Provisions - Operators of coal mines in which electricity is used as...
§22A-2-41. Bonding Track Used as Power Conductor - Where track is used as a power conductor, rails and...
§22A-2-42. Telephone Service or Communication Facilities - Telephone service or equivalent two-way communication facilities shall be provided...
§22A-2-43. Actions to Detect and Respond to Excess Methane - The following actions are required to detect and respond to...
§22A-2-43a. Operation of Cutting and Mining Machines; Repair and Maintenance of Same - (a) Qualified person to operate cutting machine. -- No person...
§22A-2-44. Hand-Held Electric Drills and Rotating Tools; Trailing Cables - Electric drills and other electrically operated rotating tools intended to...
§22A-2-45. Installation of Lighting - Electric lights or other approved methods of lighting shall be...
§22A-2-46. Welding and Cutting - (a) A record shall be kept of oxygen and gas...
§22A-2-47. Responsibility for Care and Maintenance of Face Equipment - Mine operators shall maintain face equipment in safe operating condition....
§22A-2-48. When Respiratory Equipment to Be Worn; Control of Dust - Miners exposed for short periods to gas-, dust-, fume- and...
§22A-2-49. Safeguards for Mechanical Equipment - §22A-2-49. Safeguards for mechanical equipment. (a) The cutter chains of...
§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-2-50. Procurement of dust-tight electrical equipment; fireproof construction; dust control;...
§22A-2-51. Housekeeping - Good housekeeping shall be practiced in and around mine buildings...
§22A-2-52. Storage of Flammable Liquids in Lamphouse - Naphtha or other flammable liquids in lamphouses shall be kept...
§22A-2-53. Smoking in and Around Surface Structures - Smoking in or about surface structures shall be restricted to...
§22A-2-53a. Railroad Cars; Dumping Areas; Other Surface Areas - §22A-2-53a. Railroad cars; dumping areas; other surface areas. (1) Employees...
§22A-2-53b. Haulage or Surface Areas - (1) Traffic directions which differ from standard highways practice shall...
§22A-2-53c. Ramps; Tipples; Cleaning Plants; Other Surface Areas - (1) Surface installations generally. -- Surface installations, all general mine...
§22A-2-54. Duties of Persons Subject to Article; Rules and Regulations of Operators - (a) It shall be the duty of the operator, mine...
§22A-2-55. Protective Equipment and Clothing - (a) Welders and helpers shall use proper shields or goggles...
§22A-2-55a. Safety Helmets - All surface mine employees shall be required to wear safety...
§22A-2-56. Checking Systems - Each mine shall have a check-in and check-out system which...
§22A-2-57. No Act Permitted Endangering Security of Mine; Search for Intoxicants, Matches, etc. - (a) No miner, worker or other person shall knowingly injure...
§22A-2-58. Fire Protection - (a) Suitable fire protection shall be provided at surface installations...
§22A-2-59. First-Aid Equipment - (a) Each operator of an underground coal mine shall maintain...
§22A-2-60. Accessible Outlets; Safe Roadways for Emergencies; Accessibility of First Aid Equipment; Use of Special Capsule for Removal of Personnel - (a) No operator or mine foreman of any coal mine...
§22A-2-61. Coal Storage Bins; Recovery Tunnels; Coal Storage Piles - (a) Coal storage bins hereafter constructed with vertical sides fifty...
§22A-2-62. Thermal Coal Dryers and Plants - Thermal coal dryer plants shall be hereafter constructed, maintained and...
§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... - (a) No mine may be opened or reopened unless prior...
§22A-2-64. Sealing Permanently Closed or Abandoned Mines - (a) After July 1, 1971, when any coal mine is...
§22A-2-65. Mining Close to Abandoned Workings - Any operator working up to an abandoned coal mine may...
§22A-2-66. Accident; Notice; Investigation by Office of Miners' Health, Safety and Training - (a) For the purposes of this section, the term accident...
§22A-2-67. Written Report of Accident - Whenever any accident occurs in or about any coal mine...
§22A-2-68. Preservation of Evidence Following Accident or Disaster - Following a mine accident resulting in the death of one...
§22A-2-70. Shafts and Slopes - (a) When mine examiner to be employed; qualifications. During the...
§22A-2-71. Right of Miner to Refuse to Operate Unsafe Equipment; Procedure; Discrimination - No miner shall be required to operate unsafe equipment. On...
§22A-2-71a. Right of Miner to Refuse to Work in an Unsafe Area or Unsafe Manner - Any miner has the right to refuse to work in...
§22A-2-72. Long Wall and Short Wall Mining - (a) The Legislature finds that new methods of extracting coal...
§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 - The Board of Coal Mine Health and Safety shall investigate...
§22A-2-74. Control of Respirable Dust - Each operator shall maintain the concentration of respirable dust in...
§22A-2-75. Coal Operators -- Procedure Before Operating Near Oil and Gas Wells - (a) Before a coal operator conducts underground mining operations within...
§22A-2-76. Reopening Old or Abandoned Mines - No person, without first giving to the director ten days'...
§22A-2-77. Quarterly Report by Operator of Mine; Exception as to Certain Inactive Mines - On or before the end of each quarter, the operator...
§22A-2-78. Examinations to Determine Compliance With Permits - Whenever permits are issued by the Office of Miners' Health,...
§22A-2-79. Provisions of Article Severable - The various provisions of this article shall be construed as...
§22A-2-80. Existing Regulations to Be Revised - By August 31, 2019, all existing rules or regulations under...
Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines
§22A-2A-101. Use of Diesel-Powered Equipment Authorized - Diesel-powered equipment for use in underground coal mines may only...
§22A-2A-102. Control of Diesel Safety and Health Hazards - The purpose of this article is to reduce or eliminate...
§22A-2A-201. Applicability of Definitions - §22A-2A-201. Applicability of definitions. (a) For the purposes of this...
§22A-2A-202. Board Defined - "Board" means the Board of Coal Mine Health and Safety...
§22A-2A-203. Certificate of Approval Defined - "Certificate of approval" means a formal document issued by MSHA...
§22A-2A-204. Commission Defined - "Commission" means the West Virginia Diesel Equipment Commission created under...
§22A-2A-204a. Director Defined - "Director" means the Director of the Office of Miners' Health,...
§22A-2A-205. Diesel Fuel Tank Defined - "Diesel fuel tank" means a closed metal vessel specifically designed...
§22A-2A-206. Diesel Fuel Transportation Unit Defined - "Diesel fuel transportation unit" means a self-propelled or portable wheeled...
§22A-2A-207. Diesel Engine Defined - "Diesel engine" means any compression ignition internal combustion engine using...
§22A-2A-208. Diesel Power Package Defined - "Diesel power package" means a diesel engine with an intake...
§22A-2A-209. Exhaust Emission Defined - "Exhaust emission" means any substance emitted to the atmosphere from...
§22A-2A-210. Exhaust Emissions Control and Conditioning System Defined - "Exhaust emissions control and conditioning system" means a device or...
§22A-2A-211. Msha Defined - MSHA" means the Mine Safety and Health Administration of the...
§22A-2A-212. Permanent Underground Diesel Fuel Storage Facility Defined - "Permanent underground diesel fuel storage facility" means a facility designed...
§22A-2A-213. Safety Can Defined - "Safety can" means a metal container intended for storage, transport...
§22A-2A-214. Temporary Underground Diesel Fuel Storage Area Defined - "Temporary underground diesel fuel storage area" means an area of...
§22A-2A-301. The West Virginia Diesel Equipment Commission Abolished; Transfer of Duties and Responsibilities; Transfer of Equipment and Records; Continuation of Prior Approvals of Diesel Equipment for Use in Underground Coal Mines; Continuation of R... - (a) The West Virginia Diesel Equipment Commission is hereby abolished....
§22A-2A-308. Director's Authority to Promulgate Legislative Rules; Continuation of Rules Adopted by the Commission - (a) The director has the power and authority to propose...
§22A-2A-309. Director's Authority to Approve Site-Specific Experimental Testing Prior to Initial Rules - The director may approve limited site-specific requests for experimental and...
§22A-2A-310. Duties of Director - (a) It is the duty of the director to carry...
§22A-2A-401. General Provisions Relating to Requirements for Exhaust Emissions - §22A-2A-401. General provisions relating to requirements for exhaust emissions. This...
§22A-2A-402. Approval of Diesel Power Package or Diesel Engine - Every diesel power package or diesel engine used in underground...
§22A-2A-403. Exhaust Emissions Control and Conditioning Systems - (a) All exhaust emissions control and conditioning systems and their...
§22A-2A-404. Emissions Monitoring and Control - The director shall establish procedures for monitoring and controlling emissions...
§22A-2A-405. Exhaust Gas Monitoring and Control - (a) For monitoring and controlling exhaust gases, the director shall...
§22A-2A-501. Ventilation - §22A-2A-501. Ventilation. (a) The director shall establish values to be...
§22A-2A-601. Specifications for Fuel - §22A-2A-601. Specifications for fuel. (a) The director shall establish standards...
§22A-2A-602. Fuel Storage Facilities - (a) The director shall establish requirements for the safe storage...
§22A-2A-603. Dispensing of Diesel Fuel - The director shall establish requirements governing the refueling of diesel-powered...
§22A-2A-604. Location of Fueling - (a) Fueling of diesel-powered equipment is not to be conducted...
§22A-2A-701. Fire Suppression Systems for Diesel-Powered Equipment and Fuel Transportation Units - §22A-2A-701. Fire suppression systems for diesel-powered equipment and fuel transportation...
§22A-2A-702. Fire Suppression for Storage Areas - Rules of the commission governing fire suppression systems for permanent...
§22A-2A-703. Use of Certain Starting AIDS Regulated or Prohibited - Rules of the commission shall regulate or prohibit the use...
§22A-2A-704. Fire and Safety Training - (a) Rules of the commission shall provide for all underground...
§22A-2A-801. Maintenance of Diesel-Powered Equipment - §22A-2A-801. Maintenance of diesel-powered equipment. (a) Rules of the commission...
§22A-2A-802. Training and Qualification of Persons Working on Diesel-Powered Equipment - (a) Rules of the commission shall require that all maintenance,...
§22A-2A-803. Examination of Equipment by Operator - Rules of the commission shall require that mobile diesel-powered equipment...
§22A-2A-804. Scheduled Maintenance - Rules of the commission shall establish the intervals at which...
§22A-2A-805. On-Board Performance and Maintenance Diagnostics Systems - Rules of the commission shall require that on-board engine performance...
§22A-2A-806. Diagnostic Testing - (a) The commission shall require periodic examination and testing of...
§22A-2A-807. Records - (a) Rules of the commission shall provide: (1) That a...
§22A-2A-901. Training and General Requirements - §22A-2A-901. Training and general requirements. (a) Rules of the commission...
§22A-2A-1001. Existing State Rules to Be Revised - Unless otherwise revised, by August 31, 2018, the director shall...
Article 3. Underground Clay Mine
§22A-3-1. Definition - In this article the term "mine" includes the shafts, slopes,...
§22A-3-2. Clay Mine Foreman; When to Be Employed; Qualifications; Assistants - In every underground clay mine where five or more persons...
§22A-3-3. Rules for Protection of Health and Safety of Employees - The Director of the Office of Miners' Health, Safety and...
Article 4. Open-Pit Mines, Cement Manufacturing Plants and Underground Limestone and Sandstone Mines
§22A-4-1. Definitions - Unless the context in which used clearly requires a different...
§22A-4-2. Applicability of Mining Laws - All provisions of the mining laws of this state intended...
§22A-4-3. Rules - The Director of the Office of Miners' Health, Safety and...
§22A-4-4. Monthly Report by Operator - The operator of such mine shall, on or before the...
§22A-4-5. Inspectors - The Director of the Office of Miners' Health, Safety and...
§22A-4-6. Penalties - Any person who fails or refuses to discharge any provision...
Article 5. Board of Appeals
§22A-5-1. Board of Appeals - There is hereby continued a board of appeals, consisting of...
§22A-5-2. Powers Transferred to the Board of Appeals - (a) There are hereby transferred to the Board of Appeals...
Article 6. Board of Coal Mine Health and Safety
§22A-6-1. Declaration of Legislative Findings and Purpose - (a) The Legislature hereby finds and declares that: (1) The...
§22A-6-2. Definitions - Unless the context in which a word or phrase appears...
§22A-6-3. Board Continued; Membership; Method of Nomination and Appointment; Meetings; Vacancies; Quorum - (a) The Board of Coal Mine Health and Safety is...
§22A-6-4. Board Powers and Duties - (a) The board shall adopt as standard rules the “coal...
§22A-6-5. Preliminary Procedures for Promulgation of Rules - (a) Prior to the posting of proposed rules as provided...
§22A-6-6. Health and Safety Administrator; Qualifications; Duties; Employees; Compensation - (a) The Governor shall appoint the Health and Safety Administrator...
§22A-6-7. Coal Mine Safety and Technical Review Committee; Membership; Method of Nomination and Appointment; Meetings; Quorum; Powers and Duties of the Committee; Powers and Duties of the Board of Coal Mine Health and Safety - (a) The State Coal Mine Safety and Technical Review Committee...
§22A-6-8. Effect of Rules - The standard rules and any rules promulgated by the board...
§22A-6-9. Reports - Prior to each regular session of the Legislature, the board...
§22A-6-10. Compensation and Expenses of Board Members - Each member of the board not otherwise employed by the...
§22A-6-11. Study of Methane Detecting Shut Off Devices - [Repealed.]
§22A-6-12. Study of Whistleblower Protections - [Repealed.]
§22A-6-13. Study of Ingress and Egress to Bleeder and Gob Areas of Longwall Panels and Pillar - [Repealed.]
§22A-6-14. Study of Mandatory Substance Abuse Program - The Board of Coal Mine Health and Safety is directed...
Article 7. Board of Miner Training, Education and Certification
§22A-7-1. Short Title - This article shall be cited as the West Virginia Miner...
§22A-7-2. Board of Miner Training, Education and Certification Abolished and Duties Imposed Upon the Board of Coal Mine Health and Safety - The Legislature hereby finds and declares that: (a) The continued...
§22A-7-3. Definitions - Unless the context in which a word or phrase appears...
§22A-7-4. Board of Miner Training, Education and Certification Continued; Membership; Method of Appointment; Terms - (a) The Board of Miner Training, Education and Certification is...
§22A-7-5. Additional Powers and Duties of the Board of Coal Mine Health and Safety - (a) The board shall establish criteria and standards for a...
§22A-7-5a. Study of Miner Training and Education - The Board of Coal Mine Health and Safety is directed...
§22A-7-6. Duties of the Director and Office - The director shall propose rules for legislative approval, pursuant to...
§22A-7-7. Continuing Education Requirements for Underground Mine Foreman-Fire Boss - (a) An underground mine foreman-fire boss certified pursuant to this...
Article 8. Certification of Underground and Surface Coal Miners
§22A-8-1. Certificate of Competency and Qualification or Permit of Apprenticeship Required of All Surface and Underground Miners - Except as hereinafter provided, no person shall work or be...
§22A-8-2. Definitions - For purposes of this article the term "surface miner" means...
§22A-8-3. Permit of Apprenticeship-Underground Miner - A permit of apprenticeship-underground miner shall be issued by the...
§22A-8-4. Permit of Apprenticeship-Surface Miner - A permit of apprenticeship-surface miner shall be issued by the...
§22A-8-5. Supervision of Apprentices - Each holder of a permit of apprenticeship shall be known...
§22A-8-6. Certificate of Competency and Qualification -- Underground or Surface Miner - A certificate of competency and qualification as an underground miner...
§22A-8-7. Refusal to Issue Certificate; Appeal - If the director or the director's representative finds that an...
§22A-8-8. Limitations of Article - All persons possessing certificates of qualification heretofore issued by the...
§22A-8-9. Violations; Penalties - Any person who knowingly works in or at a mine...
§22A-8-10. Loss of Certification for Unlawful Trespass - Upon a conviction under the provisions of §61-3B-6 of this...
Article 9. Mine Inspectors' Examining Board
§22A-9-1. Mine Inspectors Examining Board Abolished and Duties Imposed Upon the Board of Coal Mine Health and Safety - The Mine Inspectors Examining Board is hereby abolished. All duties...
Article 10. Emergency Medical Personnel
§22A-10-1. Emergency Personnel in Coal Mines - (a) Emergency medical services personnel must be employed on each...
§22A-10-2. First-Aid Training of Coal Mine Employees - Each coal mine operator shall provide every new employee within...
§22A-10-3. Certification Requirements for Emergency Medical Technician – Mining - (a) An applicant for certification as an emergency medical technician...
Article 11. Mine Safety Technology
§22A-11-1. Legislative Findings, Purposes and Intent - The Legislature hereby finds and declares: (1) That the first...
§22A-11-2. Mine Safety Technology Task Force Abolished and Duties Imposed Upon the Board of Coal Mine Health and Safety - (a) The Mine Safety Technology Task Force hereby abolished. All...
§22A-11-3. The Board of Coal Mine Health and Safety’s Duties Regarding Mine Technology - (a) The board shall provide technical and other assistance to...
§22A-11-4. Approval of Devices - Prior to approving any protective equipment or device that has...
§22A-11-5. Existing State Rules to Be Revised - By August 31, 2017, all existing state rules promulgated pursuant...
Article 12. Underground Accident Investigations
§22A-12-1. Report on Enforcement Procedures - The director shall, by December 31, 2013, report to the...