Title 36 W. Va. C.S.R.

Coal Mine Health And Safety Coal Mine Health And Safety

Series 01 Shaft and/or Slope Operations in the State of West Virginia

W. Va. Code R. § 36-1-1 General

1.1. Scope. -- This rule governs shaft and slope coal mine operations in the State of West Virginia.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- February 25, 2021.

1.4. Effective Date. -- March 27, 2021.

W. Va. Code R. § 36-1-2 Effect of Rule

2.1. All provisions of the mining laws of this state intended to safeguard life or property shall extend to all shaft and slope construction operations insofar as such laws are applicable thereto.

2.2. This rule shall have the effect of law, and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

W. Va. Code R. § 36-1-3 Definitions

3.1. The words used in this rule shall have the meanings defined in this Section unless the content or context indicates a different meaning. All other terms used in this rule, not defined herein, shall have the meanings set forth in W. Va. Code §22A-1-2.

3.1.1. Office. -- The term “office” shall mean the West Virginia Office of Miners’ Health, Safety and Training provided for in W. Va. Code §§22A-1-2(b)(4).

3.1.2. Director. -- The term “Director” shall mean the Director of the Office of Miners’ Health, Safety and Training provided for in W. Va. Code §22A-1-3 et seq.

3.1.3. Mine Inspectors’ Examining Board. -- The term “Mine Inspectors’ Examining Board” shall mean the Mine Inspectors’ Examining Board provided for in W. Va. Code §§22A-9-1 et seq.

3.1.4. Board of Appeals. -- The term “Board of Appeals” shall mean as provided for in W. Va.

Code §22A-5-1 et seq.

3.1.5. MSHA. -- The term “MSHA” shall mean the United States Mine Safety and Health Administration.

3.1.6. Mine Inspector. -- The term “mine inspector” shall mean a state mine inspector provided for in W. Va. Code §22A-1-8.

3.1.7. Interested Persons. -- The term “interested persons” shall include the operator, members of any mine safety committee at the mine affected and other duly-authorized representative of the mine workers and the Office of Miners’ Health, Safety and Training.

3.1.8. Agent. -- The term “agent” shall mean the person charged with the responsibility for the operation of all or a part of a shaft and/or slope or the supervision of the miners in a shaft and/or slope.

3.1.9. Operator. -- The term “operator” shall mean any firm, corporation, partnership or individual engaged in the construction of shafts and/or slopes and the associated facilities thereof.

3.1.10. Superintendent. -- The term “superintendent” shall mean the certified person whom the operator shall place in charge of a shaft and/or slope or associated facilities thereof.

3.1.11. Shaft-Slope Miner. -- The term “shaft and/or slope miner” shall mean any individual working in a shaft and/or slope or associated facilities thereof.

3.1.12. Supervisor. -- The term “supervisor” shall mean a superintendent-examiner-foreman or examiner-foreman designated by the superintendent to supervise work or employees and who is action pursuant to such specific designation and instructions.

3.1.13. Certified Person. -- The term “certified person,” when used to designate the kind of person to whom the performance of a duty in connection with the operation of a shaft and/or slope shall be assigned, shall mean a person who is qualified under the provisions of this rule to perform such duty.

3.1.14. Certified Electrician. -- The term “certified electrician” shall mean any person who is qualified as a mine electrician and who has passed an examination given by the Office of Miners’ Health, Safety and Training, or has at least three (3) years of experience in performing electrical work underground in a coal mine, in the surface work areas of an underground coal mine, in a surface coal mine, in a non-coal mine, in the mine equipment manufacturing industry, or in any other industry using or manufacturing similar equipment, and has satisfactorily completed an electrical training program approved by the Office of Miner’s Health, Safety and Training.

3.1.15. Mine. -- The term “mine” includes the shafts, slopes, drafts or inclines connected with, or intended in the future to be connected with, excavations penetrating coal seams or strata, which excavations are ventilated by one (1) general air current or divisions thereof, and connected by one (1) general system of mine haulage over which coal may be delivered to one (1) or more points outside the mine, and the surface structures or equipment connected or associated therewith which contribute directly or indirectly to the mining preparation or handling of coal, or construction thereof.

3.1.16. Shaft. -- The term “shaft” shall mean a vertical opening through the strata that is or may be used for the purpose of ventilation, drainage, and the hoisting and transportation of personnel and material in connection with the mining of coal.

3.1.17. Slope. -- The term “slope” shall mean a plane or incline roadway, usually driven to a coal seam from the surface and used for the same purposes as a shaft.

3.1.18. Drift. -- The term “drift” shall mean a horizontal or approximately horizontal opening through any natural strata or in a coal seam and used for the same purposes as a shaft.

3.1.19. Excavations and Workings. -- The term “excavations and workings” shall mean any or all parts of a mine excavated or being excavated, including shaft, slopes, drifts, tunnels, entries, rooms and working places, either abandoned or in use.

3.1.20. Active Workings. -- The term “active workings” shall mean all places in a shaft and/or slope that are ventilated and inspected regularly.

3.1.21. Working Place. -- The term “working place” shall mean the area of a shaft and/or slope inby the surface collar.

3.1.22. Working Face. -- The term “working face” shall mean any place in a shaft and/or slope in which work of extracting material from its natural deposit in the earth is being performed.

3.1.23. Attendance. -- The term “attendance” shall mean a distance not to exceed the radius of four hundred (400) feet from the collar of a shaft and/or slope and within sight or sound.

3.1.24. Working Unit. -- The term “working unit” shall mean an area of a shaft and/or slope in which natural deposits are mined with a set of production equipment; a conventional mining unit by a single loading machine; or continuous mining unit by a single continuous machine.

3.1.25. Return Air. -- The term “return air” shall mean a volume of air that has passed through and ventilated the working face in a shaft and/or slope.

3.1.26. Imminent Danger. -- The term “imminent danger” means the existence of any condition or practice in a shaft and/or slope where all the potentials are present that could constitute or cause a serious injury to any person before corrections can be made or while the corrections are being made.

3.1.27. Accident. -- The term “accident” shall mean any explosion, ignition, fire, or inundation, or injury to, or death of, any person in a shaft and/or slope.

3.1.28. Approved. -- The term “approved” shall mean in strict compliance with the mining law or, in the absence of law, accepted by a recognized standardizing body or organization whose approval is generally recognized as authoritative on the subject.

3.1.29. Permissible. -- The term “permissible” shall mean any equipment, device or explosive that has been approved as permissible by MSHA and meets all requirements, restrictions, exceptions, limitations and conditions attached to such classification.

3.1.30. Armored Cable. -- The term “armored cable” shall mean a cable provided with a wrapping of metal, usually steel wires or tapes, primarily for the purpose of mechanical protection.

3.1.31. Borehold Cable. -- The term “borehold cable” shall mean a cable designed for vertical suspension in a borehole or shaft and used for power circuits in the mine.

3.1.32. Cable. -- The term “cable” shall mean a standard conductor (single conductor cable) or a combination of conductors insulated from one another (multiple conductor cable).

3.1.33. Flame-Resistant Cable, Portable. -- The term “flame-resistant cable, portable” shall mean a portable flame-resistant cable that has passed the flame tests of MSHA.

3.1.34. Portable (Trailing) Cable. -- The term “portable (trailing) cable” shall mean a flexible cable or cord used for connecting mobile, portable or stationary equipment to an external source of electric energy where permanent mine wiring is prohibited or is impracticable.

3.1.35. Branch Circuit. -- The term “branch circuit” shall mean any circuit, alternating current, or direct current connected to and leading from the main power lines.

3.1.36. Circuit Breaker. -- The term “circuit breaker” shall mean a device for interrupting a circuit between separable contacts under normal or abnormal conditions.

3.1.37. Zig-Zag Transformer (Grounding Transformer). -- The term “zig-zag transformer (grounding transformer)” shall mean a transformer intended primarily to provide a neutral point for grounding purposes.

3.1.38. Neutral Point. -- The term “neutral point” shall mean the connection point of transformer or generator windings from which the voltage to ground is nominally zero (0), and is the point generally used for system groundings in wye-connected A.C. power system.

3.1.39. Neutral (Derived). -- The term “neutral (derived)” shall mean a neutral point or connection established by the addition of a zig-zag or grounding transformer to a normally ungrounded power system.

3.1.40. Effectively Grounded. -- The term “effectively grounded” shall mean grounded through a grounding connection of sufficiently low impedance (inherent or intentionally added or both) so that fault grounds which may occur cannot build up voltages in excess of limits established for apparatus, circuits or systems so grounded.

3.1.41. Grounded (Earthed). -- The term “grounded (earthed)” shall mean that the system, circuit, or apparatus referred to is provided with a ground.

3.1.42. Ground or Grounding Conductor (Mining). -- The term “ground or grounding conductor (mining)”, also referred to as a safety ground conductor, safety ground and frame ground, shall mean a metallic conductor used to connect the metal frame or enclosure of any equipment, mine track device or wiring system to an effective grounding medium.

3.1.43. Delta Connected. -- The term “delta connected” shall mean a power system in which the windings or transformers or A.C. generators are connected to form a triangular phase relationship, and with phase conductors connected to each point of the triangle.

3.1.44. Wye-connected. -- The term “wye-connected” shall mean a power system connection in which one (1) end of each phase windings or transformers or A.C. generators are connected together to form a neutral point, and a neutral conductor may or may not be connected to the neutral point, and the neutral point may or may not be grounded.

3.1.45. High Voltage. -- The term “high voltage” shall mean voltages of more than one thousand (1000) volts.

3.1.46. Medium Voltage. -- The term “medium voltage” shall mean voltages from six hundred sixty-one (661) to one thousand (1000) volts.

3.1.47. Low Voltage. -- The term “low voltage” shall mean up to and including six hundred sixty (660) volts.

3.1.48. Lightning Arrester. -- The term “lightning arrester” shall mean a protective device for limiting surge voltage on equipment by discharging or bypassing surge current to ground, and is capable of repeating these functions as specified.

3.1.49. Power Center or Distribution Center. -- The term “power center or distribution center” shall mean a combined transformer or distribution unit, complete within a metal enclosure from which one (1) or more power circuits are taken.

3.1.50. Deadman Control. -- The term “deadman control” shall mean a hand- or foot-operated device which must be moved to a certain position before the hoist will function and when released will stop the hoist independent of the over-speed or over-wind controls.

3.1.51. Indicator. -- The term “indicator” shall mean a dial or column with a hand or pointer attached which is operated by a chain or gear drive from the drum shaft which shows the position of the bucket in the shaft.

W. Va. Code R. § 36-1-4 No Shaft and/or Slope to be Opened Without Prior Approval of the Director

4.1. An application for the sinking of a shaft and/or slope shall be filed by the coal mine operator for approval to the Director. All revisions to such approved application shall be resubmitted for approval to the Director. A shaft and/or slope permit application filed for approval with the Director shall include the following:

4.1.1. The name and address of the coal company and permit number, if such shaft and/or slope is an additional opening.

4.1.2. A surface topographic map revealing the geographic location of the shaft and/or slope operation.

4.1.3. A certified engineer’s map revealing the locations of underground mining, oil, and/or gas wells and construction projects within five hundred (500) feet of the shaft and/or slope.

4.1.4. A certified engineer’s map showing the profile of the shaft and/or slope.

4.1.5. A description of the construction work and methods to be used in the construction of the slope and/or shaft, including a detailed description of how water rings will be constructed.

4.1.6. The elevation, depth, and dimensions of the shaft and/or slope .

4.1.7. The location and elevation of the coal bed.

4.1.8. All hoisting and ventilation equipment will meet MSHA standards.

4.1.9. The approved methane detectors to be used and/or other equipment needed to make proper methane examinations (such as probes or pumps). Also a description of how, where, and when these examinations will be conducted and the maintenance and calibration of detectors which will be in accordance with manufacturer’s recommendations. A shaft and slope examiner can be certified by the Office of Miners’ Health, Safety and Training to qualify other employees to make required methane examinations.

4.1.10. The company’s comprehensive mine safety plan will detail specific training subject matter to be covered and established time frames of the training sessions. Also training will be conducted with examiners as the shaft and slope work approach coal bed seams that have a history of liberating methane.

4.1.11. Provide a list of all certified persons responsible for making all mandatory examinations and inspections (not limited to blasting, pre-shift, electrical, gas testing, etc.). §36-1.5. Information to be Filed by Company Performing Construction Work; Notices, Orders, and Decisions Received by Company Agent; Principal Officer in Charge; Permits to be Obtained by Company Performing Construction Work.

5.1. Prior to beginning work in a shaft and/or slope, the company performing such construction work shall file with the Director the name and address of the company performing the shaft and/or slope construction work.

5.2. Prior to beginning work in the shaft and/or slope after the permit approval has been obtained by the coal mine operator, the company performing such construction in a shaft and/or slope shall file with the Director the name and address of the person who controls or operates the shaft and/or slope.

Any revisions in such names and addresses shall be promptly filed with the Director. Each operator of a shaft and/or slope shall designate a responsible official at such shaft and/or slope as the principal officer in charge of health and safety at such shaft and/or slope and such official shall receive a copy of any notice, order, or decision issued under this rule affecting such shaft and/or slope. In any case where the shaft and/or slope is subject to the control of any person not directly involved in the daily operations of the shaft and/or slope, there shall be filed with the Director the name and address of such person and the name and address of a principal official of such person who shall have overall responsibility for the conduct of an effective health and safety program at any shaft and/or slope subject to the control of such person and such official shall receive a copy of any notice, order, or decisions issued affecting any such shaft and/or slope. The mere designation of a health and safety official under this rule shall not be construed as making such official subject to any penalty under the West Virginia Code.

5.3. The following permit approvals shall be obtained from the Director by the company performing construction work in a shaft and/or slope before such work is started:

5.3.1. Stop the ventilation fan.

5.3.2. Stop the ventilating fan when personnel are in shafts and/or slopes.

5.3.3. Use electrical machinery in shafts and/or slopes.

5.3.4. Use electrical lights in shaft and/or slopes.

5.3.5. Multiple shots of coal or rock in a shaft and/or slope.

5.3.6. Use or store any non-permissible explosives or non-permissible blasting devices at a shaft and/or slope.

5.3.7. Hoist more than four (4) personnel at one time in buckets or cars in a shaft and/or slope.

5.3.8. Use welder, torches, and like equipment in a shaft and/or slope.

W. Va. Code R. § 36-1-6 Posting of Permit Approvals

6.1. At each shaft and/or slope there shall be maintained an office with a conspicuous sign designating it as the office of the shaft and/or slope, and a bulletin board at such office, in such office, in such manner that permit approvals required by this rule to be posted on the bulletin board shall be posted thereon and be easily visible to all persons desiring to read them.

W. Va. Code R. § 36-1-7 Roof and Rib Control Programs and Plans

7.1. Each operator shall undertake to carry out on a continuing basis, a program to improve the roof control system of each shaft and/or slope and the means and measures to accomplish such system. A roof control plan and revisions thereof suitable to the roof conditions and mining systems of each shaft and/or slope and approved by the Director shall be adopted and set out in printed form before new operations are started. The safety committee of the miners of each shaft and/or slope where such committee exists shall be afforded an opportunity to review and submit comments and recommendations to the Director and operator concerning the development, modification or revision of such roof control plan. The plan shall show the type of support and spacing approved by the Director.

Such plan shall be reviewed periodically, at least every six (6) months by the Director, taking into consideration all falls of roof or rib inadequacy of support of ribs. A copy of the plan shall be furnished to the Director or his/her authorized representative and shall be available to the miners and their representatives.

7.2. The operator, in accordance with an approved plan, shall provide as the Director may prescribe an ample supply of suitable materials of proper size with which to secure the roof of all working places in a safe manner.

W. Va. Code R. § 36-1-8 Use of Authorized Explosives; Storage or Use of Underground Explosives

8.1. It shall be unlawful to have, use, or store any permissible explosives or non-permissible blasting devices at any shaft and/or slope on the premises of the shaft and/or slope operation without a permit of approval from the Director.

W. Va. Code R. § 36-1-9 Use of Magazines for Explosives

9.1. Separate surface magazines at least fifty (50) feet apart shall be provided for storage of explosives and detonators.

9.2. Surface magazines shall be provided with doors constructed of at least one-fourth inch steel plate lined with two-thickness of wood or equivalent, properly screened ventilators and with no openings except for entrances and ventilation and shall be kept locked securely when unattended.

9.3. The area for a distance of at least twenty-five (25) feet in all directions shall be kept free of materials of a combustible nature.

9.4. Suitable warning signs shall be erected, so located that a bullet passing directly through the face of the sign will not strike the magazine.

9.5. The location of magazines shall not be less than three hundred (300) feet from any shaft and/or slope opening, occupied building or open roads, unless barricaded in a manner approved by the Director.

9.6. If magazines are illuminated electrically, the lamps shall be of vapor type, properly installed and wired.

9.7. Smoking and open lights shall be prohibited within twenty-five (25) feet of any surface magazine.

9.8. Surface magazines shall be located away from power lines, fuel storage areas and other possible sources of fire.

9.9. Surface magazines shall be electrically bonded and grounded if constructed of metal.

W. Va. Code R. § 36-1-10 Transportation of Explosives

10.1. Individual containers used to carry permissible explosives or detonators shall be constructed of substantial non-conductive materials kept closed and maintained in good condition.

10.2. Any container used for transporting or storage of explosives shall be properly identified or marked.

10.3. Explosives and detonators shall be transported in the following manner: original and unopened cases, or in suitable individual containers.

10.4. If a large quantity of explosives and/or detonators are transported to a blasting site, more than are needed, such explosives and/or detonators shall be returned immediately to the surface magazines prior to blasting operations being performed.

W. Va. Code R. § 36-1-11 Vehicles Used to Transport Explosives

11.1. Vehicles used to transport explosives shall have substantially constructed bodies, no sparking metals exposed in the cargo space, and shall be equipped with suitable sides and tail gates. Explosives shall not be piled higher than the side and end.

11.2. Vehicles containing explosives and/or detonators shall be maintained in good condition and shall be operated at a safe operating speed.

11.3. Vehicles containing explosives or detonators shall be posted with placard warning signs.

Placards shall be located on all four (4) sides of the motor vehicle. The placards shall contain letters four (4) inch minimum height, using 3/4 inch stroke.

11.4. Other materials or supplies shall not be placed on or in a cargo space of a vehicle containing explosives or detonators.

11.5. Explosives or detonators shall be transported in separate vehicles unless separated by four (4) inches of hardwood or the equivalent.

11.6. Explosives or detonators shall be transported promptly without undue delay in transit.

11.7. Only necessary persons shall ride on or in vehicles containing explosives or detonators.

11.8. When vehicles containing explosives or detonators are parked, the brakes shall be set, the motor power shut off and the wheels blocked.

11.9. Vehicles containing explosives or detonators shall not be taken to a repair garage for any

purpose.

11.10. Smoking and open lights shall be prohibited on vehicles transporting explosives or detonators.

W. Va. Code R. § 36-1-12 Explosives Handling and Use

12.1. Damaged or deteriorated explosives or detonators shall be destroyed by a representative from a powder company.

12.2. Light and power circuits shall be disconnected and removed from affected blasting area before charging and blasting.

12.3. No shots shall be fired until such place has been properly examined by an examiner-foreman and no shots shall be fired in any place where methane gas in excess of one percent (1%) is detected with an approved methane gas detector.

12.4. Blasting practices.

12.4.1. All persons shall be removed from the shaft prior to blasting.

12.4.2. All persons in a slope shall be given ample warning before shots are fired. Care shall be taken to determine that all persons are in the clear before shots are fired.

12.5. Blasting areas in shaft and/or slopes shall be covered with mats or other suitable material when the excavation is too shallow to retain blasted material.

12.6. Where it is impractical to prepare primers in the blasting areas, primers may be prepared on the surface and carried into the shafts in a specially constructed, insulated, covered container.

12.7. No other development works shall be performed in a shaft or at the face of a slope where drill holes are being charged until after all shots have been fired.

12.8. Explosives shall be kept separate from detonator until charging is started.

12.9. Holes shall not be drilled where there is danger of intersecting a charged or misfired hole.

12.10. Only wooden or other non-sparking implements shall be used to punch holes in explosive cartridge.

12.11. Tamping poles shall be blunt and squared at one end and made of wood, non-sparking material, or of special approved plastic.

12.12. Electric detonators shall be kept shunted until they are being connected to the blasting line or wired into a blasting round.

12.13. Wired rounds shall be kept shunted until they are being connected to the blasting line.

12.14. Completely wired rounds shall be tested with a blasting galvanometer before connections are made to the blasting line.

12.15. Permanent blasting lines shall be properly supported, insulated and kept in good repair.

12.16. Electric detonators of different brands shall not be used in the same round.

12.17. A capped primer shall be prepared so that the detonator is contained securely and is completely embedded within the explosives cartridge.

12.18. No tamping shall be done directly on a capped primer.

12.19. Shots shall be fired promptly after charging. Mudcaps (adobes) of any other confined shot shall not be permitted in any shaft and/or slope.

12.20. Drill holes shall be stemmed from the charge of the collar of the hole unless more effective permissible stemming material or methods are approved by the Director.

12.21. Explosives shall not be removed from their original wrapper.

12.22. An independent circuit unless otherwise approved by the Director shall be provided for electric blasting. The circuit shall be well insulated and protected from sources of active or stray electrical currents.

12.23. Electrical currents for firing shots shall be adequate to ensure detonation of an entire round.

12.24. Shooting cables shall be connected to the leg wires by the person firing the shot.

12.25. After blasting, all wires in the broken rock shall be carefully traced and a search made for unexploded explosives.

12.26. Shooting shall not be performed where a danger exists from the shooting cables crossing high voltage power lines above the shaft, after shots are fired.

12.27. When electrical detonators are used, charging shall be suspended and personnel withdrawn to a safe location upon the approach of an electrical storm.

W. Va. Code R. § 36-1-13 Misfires of Explosives

13.1. When electric blasting caps have been used, personnel shall not return to misfired holes for at least fifteen (15) minutes.

13.2. Misfires shall be reported to the examiner-foreman and shall be disposed of safely before any work is performed in the blasting area.

13.3. After a misfire, the blasting cable shall be disconnected from the source of power and the battery ends short-circuited before electric connections are examined.

13.4. When a charge has misfired, the misfire shall be removed by:

13.4.1. Firing separate holes at least two (2) feet away from the parallel to the misfired charge.

13.4.2. Washing the stemming and the charge from the borehole with water.

13.4.3. Inserting and firing a new primer after the stemming has been washed out.

13.5. The handling of a misfired shot shall be under the direct supervision of an examiner-foreman.

13.6. Requirements for the use of sheathed explosive units for the construction of shaft and/or slope mines.

13.6.1. Notwithstanding W. Va. Code §22A-2-33(d), sheathed explosives that are approved by the Mine Safety and Health Administration shall be permitted for use in West Virginia coal mines, provided however, that they are used in accordance with Subections 13.6.2. through 13.6.8. as stated herein.

13.6.2. Sheathed explosives units shall be primed and placed in a position for firing and detonated by a certified shot firer designated by mine management. To prime a sheathed explosive unit, the entire detonator shall be inserted into the well of the unit and be held securely in place.

13.6.3. A separate instantaneous detonator shall be used to fire each sheathed explosive unit.

13.6.4. Use, transportation, handling and storage of sheathed explosives shall be in accordance with the manufacturer’s specifications and applicable state and federal law.

13.6.5. Sheathed explosive units shall not be primed until immediately before units are placed where they are to be fired. A sheathed explosive unit shall not be primed if it is damaged or deteriorated.

13.6.6. No more than three sheathed explosive units shall be fired at one time.

13.6.7. No sheathed explosive unit shall be fired in contact with another sheathed explosive unit.

13.6.8. Certified shot firers and all persons responsible for the use, transportation and handling of sheathed blasting explosives shall be trained in the care and use of sheathed explosives.

W. Va. Code R. § 36-1-14 Examination - Records - Ventilation - Shaft and/or Slopes

14.1. All shafts and/or slopes shall be ventilated by mechanical ventilation equipment during development. Such equipment shall be examined before each shift and the quantity of air in the shaft and/or slope measured daily by a certified person and the results of such examination and tests recorded in a book approved by the Director.

W. Va. Code R. § 36-1-15 Ventilation - Working Area

15.1. While personnel are employed in a shaft and/or slope, all shafts and/or slopes shall be ventilated adequately and continuously with fresh air. Air tubing shall deliver not less than nine thousand (9,000) feet per minute at the working area or as much as necessary to remove noxious gases.

W. Va. Code R. § 36-1-16 Ventilation - Fans

16.1. Ventilation fans shall be:

16.1.1. Installed on the surface.

16.1.2. Installed in fireproof housing and connected to the shaft and/or slope opening with fireproof air ducts.

16.1.3. Designed to permit the reversal of the air current and located in an area which will prevent a recirculation of air from the shaft and/or slope or air contamination from any other source.

16.1.4. Equipped with an automatic signal device designed to give an alarm in the event the fan slows or stops which can be seen or heard by any person on duty in the vicinity of the fan, except where fans are constantly attended.

16.1.5. Offset not less than fifteen (15) feet from the shaft and/or slope.

W. Va. Code R. § 36-1-17 Ventilation - Methods - Maintenance - Evacuation - Quality - Quantity

17.1. Ventilating tubing shall be constructed to permit ventilation by either exhausting or blowing methods and when metal air ducts are used, they shall be grounded effectively to remove static and other electrical currents.

17.2. Ducts shall extend as close to the bottom as necessary to ventilate properly.

17.3. A certified person, designated by the operator, shall be assigned to maintain each ventilating system.

17.4. Unless a permit has been obtained from the Office of Miners’ Health, Safety and Training, the fan shall be operated continuously when personnel are below the surface of a shaft and/or slope. Any accidental stoppage or reduction in air-flow shall be corrected promptly; however, where repairs cannot be made immediately, development work below the surface shall be stopped and all the personnel who are not needed to make necessary repairs shall be removed to the surface. If ventilation is not restored in fifteen (15) minutes all underground employees shall be removed from the shaft and/or slope and the underground employees shall not return until ventilation is restored and the shaft and/or slope is examined by a certified person holding a certificate to make a pre-shift examination.

17.5. No superintendent-examiner-foreman shall permit any person to work where he/she is unable to maintain the quantity and quality of the air required. Provided, that such provisions shall not prohibit the employment of personnel to make place of employment safe.

17.6. All active underground working places in a shaft and/or slope shall be ventilated by a current of air obtaining not less than nineteen (19) and five tenths (5/10ths) percent oxygen and no harmful quantities of other noxious or poisonous gases.

W. Va. Code R. § 36-1-18 Device to Detect Overlapping on Hoists

18.1. Hoists used to raise and lower persons shall be equipped with an overlap device to detect improper spooling of the cable.

W. Va. Code R. § 36-1-19 Emergency Communications Requirements

19.1. Each operator of a shaft and/or slope shall establish and maintain a communication system from the shaft and/or slope to the nearest point of medical assistance for use in an emergency.

19.2. The emergency communications system required to be maintained under Section 19.1. of this

rule may be established by telephone or radio transmission or by any other means of prompt approved communications to any facility (for example, the local sheriff, the state police or local hospital) which has available the means of communication with the person or persons providing emergency medical assistance or transportation in accordance with the provisions of Section 19.1. of this rule.

19.3. Precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by mobile transmitters. The following precautions are recommendations of the Institute of the Makers of Explosives Publication No. 20, shall be complied with:

Recommended Distances for One Ohm Electric Detonators from RF Sources such as Fixed and Mobile Transmitters, Including Cellular Telephone Service, Amateur Radio and Citizens’ Band MINIMUM DISTANCE (Feet)

Transmitter Power (Watts)

MF

1.7 to 3.4 MHz Fixed, Mobile, Maritime HF 28 to 29 7 MHz Amateur VHF 35 to 36 MHz Public Use 42 to 44 MHz Public Use 50 to 54 MHz Amateur VHF

144-148 MHz Amateur 150.8-161.6 MHZ Public Use UHF 450 to 470 MHz Public Use Cellular Telephones above 800 MHz 1154737128 32581642114 533105822718 10461481163825 501023312598555 10014446836612078 193627491161104 200204661518170110 250228739579190123 3221,045818268174 3531,145897294190 1,0004551,4781,157379245 1,500 5571,8101,417464300 10,000 1,4384,6733,6591,198775 Recommended Distances for One Ohm Electric Detonators from Citizens Band, Class D Transmitters 26.965 MHz (Channel 1) 27.405 MHz (Channel 40)

Recommended Minimum Distance TypeHand-HeldVehicle-Mounted Double Sideband - 4 Watts Maximum Transmitter Power5 feet65 feet Single Sideband - 12 Watts (Peak Envelope Power)20 feet110 feet Power delivered to the antenna.

Maximum power to two-way mobile units in VHF (150.8 or 161.6 MHz range) and for two-way mobile and fixed station units in UHF (450 to 460 MHz range).

Maximum power for major VHF two-way mobile and fixed station units in 35 to 44 MHz range.

Maximum power for two-way fixed station units in VHF (150.8 to 161.6 MHz range).

Maximum power for amateur radio mobile use.

Maximum power for some base stations in 42 to 44 MHz band and 1.6 to 1.8 MHz band.

Note, this chart is found in the Institute of the Makers of Explosives publication No. 20, December 2011.

W. Va. Code R. § 36-1-20 Arrangements for Emergency Medical Assistance and Transportation for Injured Persons;

Reporting Requirements; Posting Requirements.

20.1. While employees are on duty, each operator of a shaft and/or slope shall have made arrangements with a licensed physician, medical service, medical clinic, or hospital to provide emergency medical assistance for any person injured at any shaft and/or slope.

20.2. While employees are on duty, each operator shall have made arrangements with an ambulance service or otherwise provided for emergency transportation for any person injured at the shaft and/or slope.

20.3. After the effective date of this rule, each operator shall report to the Director the name, title and address of the physician, medical service, medical clinic, hospital, or ambulance service with whom arrangements have been made or otherwise provided, in accordance with the provisions of Sections

20.1. and 20.2. of this rule.

20.4. Each operator shall, within ten (10) days after any change of the arrangements required to be reported under Section 20.3. of this rule, report such changes to the Director. If such changes involve a substitution of persons, the operator shall provide the name, title, and address of such persons together with the names and addresses of the medical service, medical clinic, hospital, or ambulance service.

20.5. Each operator shall immediately after making arrangements required under the provisions of Sections 20.1. and 20.2. of this rule, or immediately after any changes of such agreement, post at appropriate places at the shaft and/or slope the names, titles, and addresses, and telephone numbers of all persons or services currently available under such arrangements to provide medical assistance and transportation at the shaft and/or slope.

20.6. All requirements of 36CSR56 apply.

W. Va. Code R. § 36-1-21 Employment of Agent

21.1. At each shaft and/or slope construction operation, the operator shall employ a shaft and/or slope superintendent, who shall be the agent in charge of the shaft and/or slope operation.

21.2. A certified person shall be in attendance at all times at each shaft and/or slope who has passed an examination given by the Office of Miners’ Health, Safety and Training.

W. Va. Code R. § 36-1-22 Superintendent-Shaft and/or Slope Certification

22.1. Each applicant for certification as a shaft and/or slope superintendent shall, at the time he/she is issued a certificate:

22.1.1. Have had at least five (5) years experience in the workings, ventilation and drainage of a shaft and/or slope, or other related experience approved by the Director, which shall include at least twenty-four (24) months experience in the working place of a shaft and/or slope or be a graduate of an accredited engineering or technology school with a bachelor’s degree in mining, electrical, mechanical or civil and have had at least four (4) years practical experience in the construction of shafts and/or slopes or other related experience approved by the Director, which shall include at least twenty-four (24) months experience in the working place of shafts and/or slopes.

22.1.2. Have demonstrated his/her knowledge of dangerous mine gases and their detection, mine safety, first-aid, safety appliances, state mining laws and regulations by completing an examination as may be required of him/her by the Director.

W. Va. Code R. § 36-1-23 Duties - Shaft and/or Slope Superintendent

23.1. The superintendent, or in his/her absence the examiner-foreman in charge of the shaft and/or slope, shall, each day, read carefully and countersign with ink or indelible pencil all reports entered in the record book of the shaft and/or slope examiner.

23.2. The superintendent, or in his/her absence the examiner-foreman in charge of the shaft and/or slope, shall provide and maintain at all shaft and/or slope operations lights of stationary character, sufficient to illuminate the surface landing area and all surrounding objects distinctly.

23.3. The superintendent or other certified person shall give prompt attention to the removal of all dangers reported to him/her by his/her examiner-foreman or any other person working in a shaft and/or slope and in case it is impracticable to remove the danger at once, he/she shall see that such area is properly dangered off.

23.4. It shall be the duty of the superintendent of every shaft and/or slope operation in this state to see that all persons employed be furnished a copy of the rules and regulations promulgated by the Coal Mine Health and Safety Board.

23.5. The superintendent shall see that a new company employee, regardless of previous experience, receives instructions in a particular danger incident in such shaft and/or slope work and be furnished a copy of the rules and regulations promulgated by the Coal Mine Health and Safety Board.

Each such new employee shall be adequately familiarized with the approved roof control plan, ventilation plan and ventilating controls and hoisting procedures, location of first-aid equipment and procedures established for contacting medical assistance, check-in check-out system, communications, fire protection and evacuation. He/she shall be given a complete tour and explanation of the entire construction operation.

23.6. It shall be the duty of the superintendent to provide a danger signal (a separate signal for each shift) red in color at a conspicuous location on the surface near each shaft and/or slope opening.

23.7. The superintendent or other certified examiner-foreman designated by him/her shall, at least weekly, search all persons entering or about to enter a shaft and/or slope to prevent such person from taking or carrying therein any hallucinating drugs, matches, pipes, cigars, cigarettes, or any device for making lights or fire not authorized or approved. The superintendent or other certified examinerforeman designated by him/her shall, at least weekly, search all shaft and/or slope surface employees for hallucinating drugs and alcoholic beverages. Such person being searched may be required to reveal the contents within their clothing and material belongings. Results of weekly searches shall be recorded in ink or indelible pencil in the shaft and/or slope examiner record book prescribed by the Director.

23.8. The superintendent shall at least monthly examine stored first-aid supplies and first-aid equipment. Should he/she find an inadequate supply to comply with the provisions of this rule, immediate action shall be taken to provide such first-aid equipment as required.

23.9. The superintendent or other certified person shall not permit unauthorized persons around shafts and/or slopes.

23.10. The superintendent shall provide a check-in and check-out system which shall consist of a check board or time clock record in a place that will not be affected in the event of an explosion.

23.11. The superintendent or examiner-foreman of the operator of a shaft and/or slope shall comply with the requirements of W. Va. Code §22A-2-66 (Accident, notice, investigation by Office of Miners’ Health, Safety and Training), W. Va. Code §22A-2-67 (Written report of accident), and W. Va. Code §22A- 2-68 (Preservation of evidence following accident or disaster). The operator shall not alter an accident site or an accident-related area until completion of all investigations pertaining to the accident except to the extent necessary to rescue or recover an individual, prevent or eliminate an imminent danger, or prevent destruction of mining equipment.

W. Va. Code R. § 36-1-24 Duty of Operator; Duty of Superintendent to Notify Operator When Unable to Comply With

Rule.

24.1. Every operator of a shaft and/or slope shall furnish all supplies necessary for the superintendent to comply with requirements of this rule.

24.2. The superintendent shall notify, in writing, the operator of the shaft and/or slope and the Director of his/her inability to comply with any of the requirements of this rule.

W. Va. Code R. § 36-1-25 When Examiner-Foreman May Be Designated

25.1. At any shaft and/or slope in which the operation is so extensive that the duties devolving upon the superintendent-examiner-foreman cannot be discharged by one (1) person, one (1) or more examiner-foreman may be designated and such person shall act under the instruction of the superintendent-examiner-foreman.

25.2. Any person holding a superintendent, examiner or foreman certificate issued by any other state may act in the capacity of superintendent-examiner or foreman in any shaft and/or slope in this state until the next regular examination is held by the Office of Miners’ Health, Safety and Training, but not to exceed a maximum of ninety (90) days.

W. Va. Code R. § 36-1-26 Requirements for Shaft/Slope Examiner-Foreman Certification

26.1. At every shaft and/or slope, the operator shall employ at least one (1) person certified as a shaft and/or slope examiner-foreman. Each applicant for certification as a shaft and/or slope examinerforeman at the time the certificate is issued shall:

26.1.1. Have had at least three (3) years experience in the workings, ventilation and drainage of a shaft and/or slope, twenty-four (24) months experience in the working place of a shaft and/or slope or be a graduate of an accredited engineering or technology school with a bachelor’s degree in mining, electrical, mechanical or civil, and have had at least two (2) years practical experience in a shaft and/or slope or other related construction work approved by the Director, which shall include at least eighteen (18) months experience in the working place of a shaft and/or slope.

26.1.2. Have demonstrated his/her knowledge of dangerous mine gases and their detection, mine safety, first-aid, safety appliances, state mining laws and regulations by completing an examination as may be required of him/her by the Director.

W. Va. Code R. § 36-1-27 Duties - Shaft and/or Slope Foreman

27.1. The foreman shall before the beginning of any shift upon which he/she will perform supervisory duties, review carefully and countersign all books and records reflecting the conditions and the areas under his/her supervision which the operator is required to keep under this rule.

27.2. The foreman shall keep a careful watch over the ventilating apparatus, pumps and drainage.

27.3. The foreman shall not permit any person to work where he/she is unable to maintain the quality and quantity of air current as heretofore required: Provided, That such provisions shall not prohibit the employment of personnel to make the place of employment safe.

27.4. A superintendent-examiner-foreman or examiner-foreman shall be in attendance at all times at each shaft and/or slope operation.

27.5. The foreman shall carry an approved methane gas and oxygen detector at all times when in a shaft and/or slope.

27.6. It shall be the duty of the foreman to immediately remove any accumulations of explosives or noxious gases after its discovery.

27.7. The foreman shall direct and see that the entrance or entrances to all dangerous places are properly dangered off; he/she shall give prompt attention to the removal of all dangers, and in case it is impracticable to remove the danger at once, he/she shall notify all persons whose safety is menaced thereby to remain away from the area where the dangerous condition exists.

27.8. It shall be the duty of the foreman to examine all working places under his/her supervision for hazards at least once every two (2) hours during each working shift, or more often if necessary for safety.

Such examination shall include tests for methane gas and oxygen deficiency, examinations of roof, face and ribs in working places of shafts and/or slopes.

27.9. An examination for methane and other hazardous conditions shall be made before and after shooting by the foreman.

27.10. Evidence of the foreman’s examinations shall be left on an approved device at the working place by marking the date, time and his/her initials.

27.11. The foreman on each shift shall record conditions and practices in a book prescribed by the Director. Unsatisfactory conditions or practices reported and action taken shall be continuously repeated on the daily report until corrected.

27.12. It shall be the duty of the foreman to examine the surface area surrounding each shaft and/or slope for hazards four (4) hours after the beginning of the work shift, or more often if necessary for safety.

27.13. The foreman shall examine and test daily the signaling systems used for communications in shafts and/or slopes.

W. Va. Code R. § 36-1-28 Duties - Shaft and/or Slope Examiner

28.1. It shall be the duty of the shaft and/or slope examiner, acting as such, to prepare the danger signal (a separate signal for each shift) with red color at the shaft and/or slope entrances prior to his/her making his/her pre-shift examination.

28.2. It shall be the duty of the shaft and/or slope examiner to examine each shaft and/or slope within three (3) hours prior to the beginning of each shift and before any worker on such shift enters the shaft and/or slope.

28.3. In making a pre-shift examination, the shaft and/or slope examiner shall examine each working place with an approved permissible methane detector for methane gas and examine the sides of shafts and ribs and roof of all slopes.

28.4. Should the shaft and/or slope examiner find an accumulation of methane gas in excess of one (1) percent or a condition he/she considers dangerous to persons, he/she shall place a conspicuous danger sign at all entrances to such place or places. If a danger sign is posted by the shaft and/or slope examiner, only persons authorized by the shaft and/or slope examiner, operator or agent shall enter such places for the purpose of eliminating the dangerous condition.

28.5. The shaft and/or slope examiner shall place his/her initials, date and time within twenty-five (25) feet of the places he/she examines.

28.6. When the shaft and/or slope examiner finds the shaft and/or slope safe, he/she shall indicate so by changing the danger sign, red in color, to a safe sign, green in color, indicating the shaft and/or slope is safe, and that employees going on shift may enter such shaft and/or slope.

28.7. The shaft and/or slope examiner shall record the results of his/her pre-shift examination with ink or indelible pencil in a book prescribed by the Director, kept for such purpose at a place on the surface of the shaft and/or slope designated by the shaft and/or slope operator.

28.8. All records as prescribed herein shall be open for inspection by interested persons and such employees working at such shaft and/or slope operation.

28.9. Except for those persons already on assigned duty, only the shaft and/or slope operator or agent shall be permitted beyond the danger signal, while red in color, until the shaft and/or slope has been examined by the shaft and/or slope examiner.

28.10. No person shall enter such shaft for any purpose at the beginning of work upon each shift therein until such signal has been changed to green in color by the examiner, as provided by this rule, except under his/her direction another designated shaft worker shall ride with such examiner and remain in the bucket, to relay signals to the hoist operator in case of an emergency, during his/her initial pre-shift examination each day: Provided, That when personnel are regularly working on a shift and workers are inside such shaft another shaft worker is not required to accompany him/her.

W. Va. Code R. § 36-1-29 Shaft and/or Slope Examiner to Have No Superior Officers

29.1. In the performance of the duties devolving upon a shaft and/or slope examiner, acting as such, they shall have no superior officers, but all employees working inside of such shaft and/or slope shall be subordinate to them in their particular work.

W. Va. Code R. § 36-1-30 Authority of Examiner to Perform Other Duties

30.1. Any person who holds a certificate issued by the Office of Miners’ Health, Safety and Training certifying his/her competency to act as a shaft and/or slope examiner may perform the duties as a foreman and any other duties statutory or otherwise, for which he/she is qualified, in the same shaft and/or slope and on the same day or shift.

W. Va. Code R. § 36-1-31 Electrical Provisions -- Shaft and/or Slope

31.1. Power circuits and electric equipment shall be deenergized before work is done on such circuits and equipment, except when necessary for troubleshooting or testing.

31.2. No electrical work shall be performed on electrical distribution circuits or equipment, except by a qualified person or by a person trained to perform electrical work and to maintain electrical equipment under the direct supervision of a qualified person. Disconnecting devices shall be locked out and suitably tagged by each person who performs such work, except that in cases where locking out is not possible, such devices shall be opened and suitably tagged by each person who installed them, or, if such persons are unavailable, by qualified persons authorized by the operator or his/her agent.

31.3. Electrical equipment shall be examined weekly, tested, and properly maintained by a qualified person to assure safe operating conditions. When a potentially dangerous condition is found on electric equipment, such equipment shall be removed from service until such condition is corrected. A record of such examination shall be kept and made available to an authorized representative of the Director and to the miners in such mine.

31.4. Surface transformers shall be elevated at least eight (8) feet above the ground or enclosed by a fence six (6) feet high, grounded if metal; shall be properly grounded; shall be installed so that they will not present a fire hazard; and shall be guarded by sufficient danger signs. The gate or door to the enclosure shall be kept locked at all times unless authorized persons are present.

31.5. Electric conductors shall be sufficient in size and have adequate carrying capacity and be of such construction that a rise in temperature resulting from normal operation will not damage the insulating material.

31.6. Electrical connections or splices in electric conductors shall be mechanically and electrically efficient, and suitable connectors shall be used. All electrical connections or splices in electrical connections or splices in insulated wire shall be reinsulated at least to the same degree of protection as the remainder of the wire.

31.7. Short circuit protection to protect all electric equipment and circuits against short circuits and overloads shall be provided by an automatic circuit breaker or other no less effective device approved by the Director. Three-phase motors on all electric equipment shall be provided with overload protection that will deenergize all three phases in the event that any phase is overloaded.

31.8. The booms and masts of equipment operated on the surface of any shaft or slope shall not be operated within ten (10) feet of an energized overhead powerline. Where the voltage of overhead powerlines is sixty-nine thousand (69,000) volts or more, the minimum distance from the boom or mast shall be as follows:

Nominal power lineMinimum distance voltage (in (1,000) volts) (feet) 69-11412 115-22915 230-34420 345-49925 500 or more35

31.9. During construction, electrical equipment employed below the collar or within twenty-five (25) feet of the return or exhaust of a slope or shaft during excavation shall be approved or permissible and shall be maintained in a permissible condition.

31.10. The insulation of all electric conductors employed below the collar of any slope and shaft during excavation shall be of the flame resistant type.

31.11. During the construction of shaft or slope only lamps and portable flood lights approved by MSHA shall be permitted below the collar of the shaft or slope.

31.12. Metallic frames, casings, and other enclosures of electric equipment that can become "alive" through failure of insulation or by contact with energized parts shall be effectively grounded.

31.13. All power wires (except trailing cables on mobile equipment, specially designed cables conducting high-voltage power to underground rectifying equipment or transformers, or bare or insulated ground and return wires) shall be supported on well-insulated insulators and shall not contact combustible material, roof, or ribs.

31.14. Well-insulated insulators is interpreted to mean well-installed insulators. Insulated J-hooks may be used to suspend insulated power cables for temporary installation not exceeding six (6) months and for permanent installation of control cables such as may be used along belt conveyors.

31.15. Power wires and cables shall be insulated adequately and fully protected.

31.16. Power wires and cables shall have insulation with a dielectric strength at least equal to the voltage of the circuit.

31.17. Each ungrounded, exposed power conductor that leads underground shall be equipped with suitable lightning arresters of approved type within one-hundred (100) feet of the point where the circuit enters the mine. Lightning arresters shall be connected to a low resistance grounding medium on the surface which shall be separated from neutral grounds by a distance of not less than twenty-five (25) feet.

31.18. Short circuit protection for trailing cables shall be provided by an automatic circuit breaker or other no less effective device approved by the Director of adequate current-interrupting capacity in each ungrounded conductor. Disconnecting devices used to disconnect power from trailing cables shall be plainly marked and identified and such devices shall be equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected and a suitable means to provide the ability to lock and tag.

31.19. Dry insulating platforms of rubber or other suitable nonconductive material shall be kept in place at each switchboard and at stationary machinery where shock hazards exist.

W. Va. Code R. § 36-1-32 Lights to be Used in Shaft

32.1. Only approved cap lights shall be used in shafts. Lights shall be suspended in shafts by cable or chain other than the power conductor. In slopes, lights must be substantially installed. Power cables shall be of an approved type.

32.2. Power cables shall not be taunt from shaft collar to light. Power cables shall be in good condition and splices shall be:

32.2.1. Mechanically strong with adequate electric conductivity and flexibility,

32.2.2. Effectively insulated and sealed so as to exclude moisture, and

32.2.3. Vulcanized or otherwise treated with suitable materials to provide flame-resistant qualities and good bonding to outer jacket.

32.3. Lights shall be suspended not less than twenty (20) feet above where personnel are working.

Lights and power shall not be restored in work area of shaft or slope until examination has been made for gas by the shaft-slope examiner and found clear. Fronts of lights need not be guarded with a metal guard providing light is permissible with an approved lens.

W. Va. Code R. § 36-1-33 First-Aid Training of Shaft and/or Slope Employees

33.1. Each employer at a shaft and slope site shall provide every new employee within six (6) months of the date of hire with the opportunity for first-aid training as prescribed by the Director, unless the employee has previously received such training. Each employee is required to take a refresher firstaid training of not less than five (5) hours within each twenty-four (24) months of employment. The employee shall be paid regular wages and overtime pay, if applicable, for all periods of first-aid training.

W. Va. Code R. § 36-1-34 Hoist Equipment Daily Visual Examinations

34.1. Hoists shall be examined daily according to the manufacturer’s recommended guidelines and such examinations shall include, but not be limited to, the following:

34.1.1. An examination of the rope fastenings for defects;

34.1.2. An examination of safety catches;

34.1.3. An examination of the cages, platforms, or other devices for loose, missing or defective parts;

34.1.4. An examination of the head sheaves to check for broken flanges, defective bearings, rope alignment, and proper lubrication;

34.1.5. An observation of the lining, wear pads, rollers, and all other equipment and appurtenances installed in the shaft.

34.1.6. An examination of attachment point pins on booms and structure.

34.1.7. At the completion of each daily examination, the person making the examination shall certify, by signature and date, that the examination has been made. If any unsafe condition is found during the examinations required, the person conducting the examination shall make a record of the condition and the date. Management shall ensure any unsafe conditions are corrected prior to hoisting operations. Certifications and records shall be retained for one (1) year.

34.1.8. Hoists shall have rated capacities consistent with loads handled or hoisted. The load capacity of the hoist system shall be posted in a conspicuous place at the loading point(s) and hoisted loads shall not exceed those limits.

34.1.9. Hoisting equipment used to transport personnel shall be equipped with over-speed, over-wind, over-lap, and automatic stop controls.

W. Va. Code R. § 36-1-35 Wire Ropes

35.1. This section applies to wire ropes in service used to hoist persons, materials, and equipment in shafts or slopes underground and when persons work below the suspended loads during construction and development, but does not apply to wire ropes for elevators.

35.2. The wire ropes shall be used and maintained in accordance with manufacturer’s guidelines.

35.3. Minimum rope strength:

35.3.1. At installation, the nominal strength (manufacturer’s published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which “L” equals the maximum suspended rope length in feet:

35.3.1.a. Winding drum ropes (all constructions, including rotation resistant).

35.3.1.a.1. For rope lengths less than 3,000 feet: Minimum Value = Static Load x (7.0- 0.001L).

35.3.1.a.2. For rope lengths 3,000 feet or greater: Minimum Value = Static Load x 4.0.

35.3.1.b. Friction drum ropes.

35.3.1.b.1. For rope lengths less than 4,000 feet: Minimum Value = Static Load x (7.0- 0.0005L).

35.3.1.b.2. For rope lengths 4,000 feet or greater: Minimum Value = Static Load x 5.0.

35.3.1.c. Tail ropes (balance ropes).

35.3.1.c.1. Minimum Value = Weight of Rope x 7.0.

35.4. Initial measurement.

35.4.1. After initial rope stretch but before visible wear occurs, the rope diameter of newly installed wire ropes shall be measured at least once in every third interval of active length and the measurements averaged to establish a baseline for subsequent measurements. The established baseline measurement shall be recorded and kept on file and accessible to representatives of the Director throughout the lifespan of the ropes.

35.5. Lubrication of ropes.

35.5.1. Wire ropes used for hoisting equipment or personnel shall be adequately lubricated according to the manufacturer’s specifications.

35.6. Examinations.

35.6.1. At least once every seven (7) calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change-of-layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be visually examined on a daily basis. At the completion of each examination required by Section 34.1., the person making the examination shall certify, by signature and date, that the examination has been made. If any condition listed in Section 34.1. is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one (1) year.

35.6.2. Before hoisting of equipment or personnel with a newly installed wire rope, the wire rope shall be examined:

35.6.2.a. Wherever wear is evident;

35.6.2.b. Where the hoist rope rests on sheaves at regular stopping points;

35.6.2.c. Where the hoist rope leaves the drum at regular stopping points; and

35.6.2.d. At drum crossover and change-of-layer regions.

35.6.3. At least once every one hundred eighty (180) calendar days, nondestructive tests shall be conducted of the active length of the rope, and rope diameter measurements shall be made at least once every ninety (90) calendar days.

35.6.4. The person making the measurements or nondestructive tests as required by Subsection

35.6.3. of this Section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.

35.7. Load end attachments.

35.7.1. Wire rope shall be attached to the load by a method that develops at least eighty (80) percent of the nominal strength of the rope.

35.7.2. Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer’s original design or a design approved by a registered professional engineer.

35.7.3. Load end attachment methods using splices are prohibited.

35.8. Drug end attachment.

35.8.1. For drum end attachment, wire rope shall be attached:

35.8.1.a. Securely by clips after making one (1) full turn around the drum spoke;

35.8.1.b. Securely by clips after making one (1) full turn around the shaft, if the drum is fixed to the shaft; or

35.8.1.c. By properly assembled anchor bolts, clamps, or wedges, provided that the attachment is a design feature of the hoist drum. Design feature means either the manufacturer’s original design or a design approved by a registered professional engineer.

35.8.2. A minimum of three (3) full turns of wire rope shall be on the drum when the rope is extended to its maximum working length.

W. Va. Code R. § 36-1-36 Wire Rope End Attachment Re-termination

36.1. Damaged or deteriorated wire rope shall be removed by cutoff and the rope re-terminated where there is:

36.1.1. More than one broken wire at an attachment;

36.1.2. Improper installation of an attachment;

36.1.3. Slippage at an attachment; or

36.1.4. Evidence of deterioration from corrosion at an attachment.

W. Va. Code R. § 36-1-37 Wire Rope End Attachment Replacement

37.1. Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.

W. Va. Code R. § 36-1-38 Retirement of Wire Ropes

38.1. Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the following conditions occur:

38.1.1. The number of broken wires within a rope lay length, excluding filler wires, exceeds either:

38.1.1.a. Five (5) percent of the total number of wires; or

38.1.1.b. Fifteen (15) percent of the total number of wires within any strand.

38.1.2. On a regular lay rope, more than one (1) broken wire in the valley between strands in one rope length;

38.1.3. A loss of more than one-third (1/3) of the original diameter of the outer wires;

38.1.4. Rope deterioration from corrosion;

38.1.5. Distortion of the rope structure;

38.1.6. Heat damage from any source;

38.1.7. Diameter reduction that exceeds six (6) percent of the baseline diameter measurement; or

38.1.8. Loss of more than ten (10) percent of rope strength as determined by nondestructive testing.

Series 04 The Movement of Mining Equipment Within Coal Mines in the State of West Virginia

W. Va. Code R. § 36-4-1 General

1.1. Scope. -- These rules and regulations are in response to Senate Concurrent Resolution 63 of the 2015 West Virginia Legislature and are applicable to govern the movement of mining equipment in underground coal mines, with the exception of ordinary sectional movements, as defined in Section 2.3.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

W. Va. Code R. § 36-4-2 Definitions

2.1. The term “transport” shall mean (a) equipment that is pulled by either a self-propelled battery powered, track mounted vehicle, or diesel powered equipment or (b) equipment that has been loaded on a flat car, skid or other similar equipment and is pulled or carried from one location to another.

2.2. The term “trammed” shall mean equipment energized with A.C. or D.C. Electrical Power, battery powered equipment, or diesel powered equipment which is moved from one location to another by a person manually operating such equipment.

2.3. The term “ordinary sectional movement” shall mean the movement of self-propelled face equipment or diesel powered equipment freely across and in the immediate area of a section. This includes the movement of battery powered equipment to and from the established section supply station and the movement of equipment powered by a trailing cable to the entire length of the trailing cable while attached to a distribution box or fuse nip. The movement of such equipment within twentyfour (24) inches of adequately guarded energized trolley or feeder wires at the established section supply station and access roadways to the section supply station are included. All other movements of equipment in entries where energized trolley or feeder wires are present or within twelve (12) inches of energized high voltage cables located out by the section transformer are excluded.

2.4. The term “top of the locomotive” shall mean the flat surface which covers the entire length of the locomotives; with the exception of locomotives equipped with cable reels, whereas the top of the cable reel will be designated as the top of the locomotive.

2.5. The term “mining equipment” is a defined as a major item of complete or reasonably complete mining equipment, built on its own individual frame, consisting of its own components, performing its own unique function, and not designed to operate on mine track. “Mining equipment” includes all selfpropelled equipment including cat-mounted rubber-tired or skid-mounted equipment. “Mining equipment” includes major items of complete or reasonably complete mobile or stationary mining equipment that is used in the production of coal.

2.6. For this regulation, the terms “inby,” “outby,” “upwind,” and “downwind” shall mean the location of the person in relation to the ventilating current after it has passed over the equipment being moved or transported.

W. Va. Code R. § 36-4-3 Track Mounted Equipment That May Continue To Operate Normally

3.1. Track mounted equipment such as locomotives, mine cars, rock dust tank cars, compressors and other equipment designed to operate on track haulageways that create no greater than ordinary risk of fire while being operated may continue operating normally and is not considered a move.

W. Va. Code R. § 36-4-4 Prohibitions Against Moving Of Equipment

4.1. Mining equipment (e.g., continuous miners, loading machines, cutting machines, shuttle cars, self-propelled coal drills, crusher feeders and equipment that exceeds the height, width or length of the locomotive or mine car normally used) being transported or trammed underground, other than ordinary sectional movements, shall be transported or trammed by qualified personnel. When equipment is being transported or trammed where trolley wire is energized on the split of air in which said equipment is being transported or trammed, no person shall be permitted to be inby the equipment in the ventilating split that is passing over such equipment, except those directly involved with transporting or tramming the equipment, and shall be under the direct supervision of a certified foreman. To avoid accidental contact with power lines, face equipment shall be insulated and assemblies removed, if necessary, so as to provide clearance.

W. Va. Code R. § 36-4-5 General Safety Precautions For All Types Of Equipment Moves

5.1. Mining equipment may be transported in track entries with track mounted battery or diesel powered locomotives while persons are inby the ventilating current of such equipment where trolley and feeder wire does not exist or has been de-energized, provided:

5.1.1. When trolley and feeder wires are present, a certified electrician shall be designated to de-energize such trolley and feeder wire in the area where such equipment is to be moved. Deenergizing devices in the trolley and feeder wire system shall be open, locked out with an approved device and suitably tagged by a designated certified electrician. A designated certified electrician shall be the person who removes the danger tags, locking devices, and restores the electrical power to the trolley and feeder wires after the equipment move has passed through that specific area.

5.2. The equipment move and the move crew shall be under the direct supervision of a certified foreman. Prior to starting and during the transporting or tramming of such aforementioned equipment the following listed procedures shall apply and necessary equipment shall be provided:

5.2.1. Equipment being transported or trammed on flat cars, skids, or other similar equipment shall be cleaned of accumulated combustible materials, properly secured to transporting vehicle and effectively insulated on the top side next to the trolley or feeder wire.

5.2.2. Prior to any equipment being transported on rail, a positive ground shall be established and continuously maintained between such machine and ground system.

5.2.3. Heads and/or booms of all equipment being transported shall have all hydraulic pressure released and heads and/or booms shall be secured.

5.2.4. When necessary, all equipment assemblies shall be removed to provide required clearance.

5.2.5. Adequate size equipment shall be used while transporting mining equipment.

5.2.6. Pre and Post- move Examinations:

5.2.6.a. Within eight (8) hours prior to such equipment being transported, the entire length of the travel route where such equipment is to be transported or trammed, shall be examined by a certified foreman or fireboss.

5.2.6.b. Within three (3) hours after such equipment has been transported, the entire length of the travel route where such equipment has been transported or trammed shall be examined by a certified foreman or fireboss.

5.2.6.c. Such examinations in Subdivisions 5.2.6.a. and 5.2.6.b. above shall be recorded by such foreman in a book kept for that purpose.

5.2.7. Prior to an equipment move, a visual examination shall be made by a certified electrician of all circuit breakers that will be utilized along the route of travel. Necessary settings of all such circuit breakers to be utilized shall be made by a certified electrician.

5.2.8. A minimum of twelve (12) inches of radius clearance shall be maintained between the equipment being moved and the energized high voltage cable and energized, insulated D.C. feeder wire paralleling the entry along the route of travel. In areas where the aforementioned twelve (12) inches of radius clearance cannot be maintained, the high voltage cable and D.C. feeder cable shall be adequately guarded. However, if six (6) inches of clearance cannot be maintained between the equipment being moved and the high voltage cables and D.C. insulated feeder wire, then the high voltage cables or D.C. insulated wire shall be de-energized, and suitably tagged and locked out with an approved device by a certified electrician: Provided, however, where it becomes necessary for equipment to pass under high voltage cables and/or insulated D.C. feeder wire where the required clearance cannot be maintained, the aforementioned high voltage cables and/or insulated D.C. feeder wire shall either be channeled above the level of the roof line or de-energized. When energized trolley and feeder wires are present, a certified electrician shall be designated to de-energize such trolley and feeder wire in the area where such equipment is to be moved. De-energizing devices in the trolley and feeder wire system shall be opened, locked out with an approved device and suitably tagged by a designated certified electrician. A designated certified electrician shall be the person who removes the danger tags, locking devices, and restores the electrical power to the trolley and feeder wires after the equipment move has passed through that specific area. Prior to energizing trolley and/or feeder wires in the area where such equipment has been moved, an examination of the area shall be made by a certified foreman and all hazardous conditions found during his/her examination shall be corrected.

5.2.9. An operative means of communications shall be maintained between the move crew transporting or tramming such equipment, the dispatcher or a designated qualified person on the surface and the affected section.

5.2.10. An experienced machine operator of the type of equipment being moved shall be provided with all moves.

5.2.11. Except as provided in Subsection 5.2.12. below, a qualified person shall be located where electrical power can be immediately de-energized while the equipment is being transported or trammed.

5.2.12. Should it be necessary for any person to be located downwind of the equipment being moved to control the electrical power, such person shall be provided with a one hour self-contained selfrescuer or equivalent and has been trained in its use, also the above mentioned person shall have a readily available vehicle, operative communications, and immediate access to an isolated intake air escapeway before such person goes downwind such equipment to control the power, he or she shall have been familiarized as to the escapeways in the area he or she may be located in at the time. If an isolated intake air escapeway is not provided in the area where a person must be downwind the equipment being transported, then the person shall be given ample time to establish the power and return to the upwind side of the equipment being moved, before such equipment proceeds any further.

5.2.13. When a locomotive is operating on the boom end of the equipment being transported or where there are other conditions that may present a hazard to the locomotive operator because of being in close proximity to the equipment being moved, a flat car, mine car, or similar equipment shall be provided between the locomotive and moving equipment. When possible, place the boom end of the equipment being moved at the opposite end of the locomotive operator’s compartment.

5.2.14. No person shall be assigned to an equipment move crew who does not possess a West Virginia miner’s certificate as an underground miner.

5.2.15. A light and equipment move notification instructions shall be located at all portals where persons enter the mine. At the beginning of the shift when such equipment is to be moved the date, time, route of travel, and destination of equipment moves shall be posted on the mine bulletin board and a representative of the miners at that mine shall be notified at the time of posting. Such aforementioned written instructions shall be signed by a certified foreman. Immediately prior to the equipment move the conspicuous light shall be turned on by a certified foreman and such light shall remain on for the duration of the equipment move. In the event the need for an unplanned move arises, all underground persons shall be notified prior to the move.

5.2.16. A readily available vehicle, capable of transporting injured persons shall be provided on the outby side of the equipment being moved.

5.2.17. All locomotives used to transport such equipment shall be cleaned of accumulated combustible material.

5.2.18. Battery tops shall be cleaned prior to equipment moves. Battery terminals shall be insulated between the top of the battery and the battery cover to prevent accidental short-circuiting.

5.2.19. All locomotives, except diesel powered, shall be examined for proper voltage prior to equipment moves.

5.2.20. Each piece of equipment involved in equipment moves shall have a pre-operational check performed. Each shift prior to its operation, equipment involved in equipment moves shall be examined for safety defects and/or unsafe conditions.

5.2.21. The following fire protection equipment and tools shall be provided with each equipment move, provided Subdivisions 5.2.21.d. and 5.2.21.g. do not apply if trolley or feeder wire is not present in the entry where equipment is being moved:

5.2.21.a. Four (4) twenty (20) pound ABC fire extinguishers (such extinguishers shall be placed where they are readily accessible).

5.2.21.b. One (1) hammer.

5.2.21.c. One (1) mine axe.

5.2.21.d. One (1) wire bell wrench.

5.2.21.e. One (1) set of come-a-longs.

5.2.21.f. Two (2) twelve (12) inch adjustable wrenches.

5.2.21.g. Adequate supply of trolley wire splices and bells.

5.2.21.h. A lifting jack or equivalent and/or lifting jacks sufficient and an appropriate jack bar in size to lift such equipment being moved or transported or trammed.

5.2.21.i. One (1) hack saw.

5.2.21.j. Assortment of wood blocks.

5.2.21.k. One (1) pair insulated wire cutters.

5.2.21.l. One (1) pair of high-voltage gloves.

5.2.21.m. One (1) sledge hammer.

5.2.21.n. One (1) ten (10) unit first aid kit.

W. Va. Code R. § 36-4-6 Track Equipment, Such As Track Cleaners, And Requirements

6.1. Track equipment, such as track cleaners, track drills and cutting machines, and track-mounted roof bolters that do not create any greater than ordinary risk of fire may operate normally, provided:

6.1.1. No less than twelve (12) inches of radius clearance is maintained between trolley or feeder wires while such aforementioned equipment is being transported or trammed. If less than twelve (12) inches of clearance cannot be met, then the provisions under Subdivision 6.1.2.a. would apply.

6.1.2. Within eight (8) hours prior to such equipment move trolley wire crossovers and switches located on the equipment travel route shall be examined for proper clearance by a certified foreman or fireboss and the following necessary safety precautions implemented.

6.1.2.a. Required Clearance:

6.1.2.a.1. When such aforementioned equipment passes under energized trolley, feeder wires, or high voltage cables at crossovers and switches and twelve (12) inches of radius clearance cannot be provided, such trolley or feeder wires, or high voltage cables shall be adequately guarded to prevent accidental contact.

6.1.2.a.2. However, where it becomes necessary for the equipment to pass under bare trolley, feeder wire or high voltage cable and six (6) inches of clearance cannot be maintained, the wire may be either de-energized and locked out with an approved device and tagged out by a certified electrician or remain energized and all people inby on the same ventilating current of air brought outby the move area.

6.1.2.b. Where it becomes necessary for the equipment to pass under high voltage cables and/or insulated D.C. feeder wires and the six (6) inches of required clearance cannot be maintained, the aforementioned high voltage cables and/or insulated D.C. feeder wires shall either be channeled above the level of the roof line, or de-energizing by locking out and tagging out by a certified electrician.

6.1.3. Booms on the track cleaners shall be insulated on the trolley and feeder wire side and a means installed on the track cleaner to prevent the boom from moving from side to side.

6.1.4. An operative means of communications shall be maintained between such equipment operator and the dispatcher or a designated qualified person on the surface and the affected section.

6.1.5. While roof bolting operations are being performed and energized trolley and/or feeder wires are present, such trolley and/or feeder wires shall be adequately guarded to prevent accidental contact.

6.1.6. When any of the above criteria cannot be complied with, no person except such persons directly involved with the above moving equipment shall be permitted to be inby such equipment while on the same ventilating split of air.

6.2. The following fire protection equipment and tools shall be provided, except Subsections 6.2.4. and 6.2.7. do not apply if trolley or feeder wire is not present in the entry where equipment is being moved:

6.2.1. Four (4) twenty (20) pound ABC fire extinguishers (such extinguishers shall be placed where they are readily accessible).

6.2.2. One (1) hammer.

6.2.3. One (1) mine axe.

6.2.4. One (1) wire bell wrench.

6.2.5. One (1) set of come-a-longs.

6.2.6. Two (2) twelve (12) inch adjustable wrenches.

6.2.7. Adequate supply of trolley wire splices and bells.

6.2.8. A lifting jack or equivalent and/or lifting jacks sufficient in size and an appropriate jack bar to lift such equipment being moved or trammed.

6.2.9. One (1) hack saw.

6.2.10. Assortment of wood blocks.

6.2.11. One (1) pair insulated wire cutters.

6.2.12. One (1) pair of high-voltage gloves.

6.2.13. One (1) sledge hammer.

6.2.14. One (1) ten (10) unit first aid kit.

W. Va. Code R. § 36-4-7 Tramming Of Electrical Equipment Powered By Trailing Cable

7.1. Electrical equipment powered by trailing cable may be trammed in entries with persons inby on the same ventilating split of air provided:

7.1.1. The trailing cable shall be protected against short circuits by a combination dual element fuse or circuit breaker. The size of the fuse and instantaneous trip setting of the circuit breaker shall be determined from Tables 36-4A, 36-4B, and 36-4C found at the end of this rule.

7.1.2. Prior to the movement of equipment the following examinations if applicable shall be made and recorded in a book, for that purpose, by a certified electrician. Any defects found during the examinations shall be corrected prior to moving the equipment. The results of the above required examinations shall be recorded in a book provided for that purpose.

7.1.2.a. Ground system and monitoring system.

7.1.2.b. Examine the instantaneous trip setting on circuit breakers.

7.1.2.c. Undervoltage protection.

7.1.2.d. Ground phase relay.

7.1.2.e. All equipment electrical switches.

7.1.2.f. Fuses.

7.1.2.g. Prior to moving the equipment, all trailing cables shall be examined in their entirety.

All temporary splices in the cable shall be eliminated, and restraining clamps and mounting brackets shall be checked for proper installation.

W. Va. Code R. § 36-4-8 Mining Equipment And Disassembled Mining Machine Parts That May Be Transported With Certain Requirements

8.1. Mining equipment or disassembled parts of mining equipment may be transported at any time in mine cars, provided such equipment or disassembled parts of mining equipment does not protrude above the height of such mine car.

8.2. Mining equipment or disassembled parts of mining equipment may be transported at any time on flat cars, supply cars, or skids provided:

8.2.1. Such equipment is secured.

8.2.2. Such equipment being transported does not exceed the height, width and length of the mine car or top of the locomotive normally used in the specific area of such mine and 12 (twelve) inches of radius clearance cannot be maintained. If it is necessary for such equipment to pass under the trolley wire, feeder wire or high voltage cables in the specific location on the haulage road, such D.C. power and high voltage cables shall be de-energized or adequately protected to prevent accidental contact with trolley wire, feeder wire and high voltage cables.

8.3. Disassembled parts of mining equipment and mining equipment may be transported by battery or diesel powered equipment in off track entries while persons are inby such equipment on the same ventilating air current, provided twelve (12) inches of radius clearance is provided from insulated energized D.C. trolley feeder wires or energized high voltage cables. If exposed uninsulated energized power wires are present in the immediate area where the battery equipment or diesel equipment is moving the equipment or disassembled parts, no person, except those involved in the move, shall be permitted inby in the same ventilating air current.

W. Va. Code R. § 36-4-9 Transporting Mining Supplies

9.1. Mining supplies may be transported in mine cars, provided such supplies being transported do not protrude above the height of the mine car being used to transport supplies.

9.2. Mining supplies may be transported on flat cars, supply cars, or skids provided:

9.2.1. Such supplies being transported are tightly secured.

9.2.2. Such supplies do not exceed the height, width, or length of the mine car or top of the locomotive used in the specific area of such coal mine or twelve (12) inches of radius clearance is continuously provided between such supplies being transported and the trolley wire, feeder wire and all high voltage cables.

9.3. Pipe, mine haulage rails, structural steel and other similarly related equipment shall be excluded from the length requirements while being transported.

W. Va. Code R. § 36-4-10 Construction and Rehabilitation Work And Requirements

10.1. Where construction or rehabilitation work is being performed with person inby on the same ventilating split of air such as cleaning of haulage roads, roof bolting, the cleaning of falls, the installation of structural materials and other related assignments similar to the aforementioned, and the use of face equipment is necessary to perform such work, the following procedures shall be followed:

10.1.1. Such mining equipment shall not operate where any bare exposed energized trolley or feeder wires are present.

10.1.2. When trolley and feeder wires are present, a certified electrician shall be designated to de-energize such trolley and feeder wire in the area where such equipment is operating. De-energizing devices in the D.C. trolley and feeder wire system shall be opened, locked out with an approved device and suitably tagged by a designated certified electrician. A designated certified electrician shall be the person who removes the danger tags, locking devices and restores the electrical power to the trolley and feeder wires in a specific area when the work has ceased or been completed.

10.1.3. A distance of twelve (12) inches minimum clearance shall be maintained between the machine being operated and any energized high voltage cables and insulated D.C. feeder cable.

10.1.4. Operative communications shall be provided at the site while persons are working in the construction and rehabilitation areas from the work site to the surface.

10.1.5. Four (4) twenty (20) lb. ABC fire extinguishers and first-aid supplies shall be provided at the worksite. Such extinguishers shall be placed where they are readily accessible. The first-aid supplies listed below shall be maintained within five hundred (500) feet of the site.

10.1.5.a. The first-aid equipment required to be maintained shall include at least the following:

10.1.5.a.1. One (1) stretcher.

10.1.5.a.2. One (1) broken-back board.

10.1.5.a.3. Twenty-four (24) triangular bandages.

10.1.5.a.4. Eight (8) four-inch bandage compresses.

10.1.5.a.5. Sixteen (16) two-inch bandage compresses.

10.1.5.a.6. Twelve (12) one-inch adhesive compresses.

10.1.5.a.7. One (1) foille.

10.1.5.a.8. Two (2) cloth blankets.

10.1.5.a.9. One (1) rubber blanket.

10.1.5.a.10. Two (2) tourniquets.

10.1.5.a.11. One (1) one-ounce bottle of aromatic spirits of ammonia.

10.1.5.a.12. Two (2) inflatable plastic arm splints.

10.1.5.a.13. Two (2) inflatable plastic leg splints.

10.1.5.a.14. Six (6) small splints, metal or wooden.

10.1.5.a.15. Two (2) cold packs.

10.1.5.b. All first-aid supplies required to be maintained under this section shall be stored in suitable sanitary, dust-proof, moisture-proof containers and such supplies shall be accessible to the miners.

TABLE 36-4A

Short circuit protection; ratings and settings of circuit breakers.

Conductor size AWG or MCMMaximum allowable circuit breaker instantaneous setting (amperes) 10150 11000 1/01250 2/01500 3/02000 4/02500 2502500 3002500 3502500 4002500 4502500 5002500 TABLE 36-4B SHORT CIRCUIT PROTECTION; DUAL ELEMENT FUSES;

CURRENT RATINGS; MAXIMUM VALUES _____________________________________________________________________________________ ___ Single Conductor Cable Two Conductor Cable ConductorAmpacityMax. FuseAmpacity Max. Fuse Size (AWGRatingRating or MCM _____________________________________________________________________________________ _ 14 15 15 12 20 20 10 25 25 8 60 60 50 50 6 85 90 65 70 4110110 90 90 3130150105110 2150150120125 1170175140150 1/0200200170175 2/0235250195200 3/0275300225225 4/0315350260300 250350350285300 300395400310350 350445450335350 400480500360400 450515600385400 500545600415450 TABLE 36-4C CABLE SIZEMAX. BRK.

SETTING

MAX. CABLE

LENGTH

AMPACITYMAX. FUSE

RATING DE 1450---1515 1275---2020 10150---2525 8200---5050 63005506570 45006009090 3600650105110 2800700120 125 11000750140150 1/01250800170175 2/01500850195200 3/02000900225225 4/025001000260300

Series 05 Rule Governing Telephone Service or Communication Facilities

W. Va. Code R. § 36-5-1 General

1.1. Scope. -- This rule establishes requirements for the location and maintenance of telephone service or communication facilities in underground mines.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- February 25, 2021.

1.4. Effective Date. -- March 27, 2021.

W. Va. Code R. § 36-5-2 Telephone Service or Communication Facilities

2.1. Telephone service or equivalent two-way communication facilities shall be provided in all mines at least one of which shall be in service at all times as follows:

2.1.1. A telephone or equivalent two-way communication facility shall be located on the surface within five (500) hundred feet of all main portals, and shall be installed either in a building or in a boxlike structure designed to protect the facilities from damage by inclement weather.

2.1.2. At least one of these communication facilities shall be located within five (500) hundred feet of at least one main portal where a responsible person is always on duty when personnel are underground so such person can hear the facility and respond immediately in event of an emergency.

2.2. “Two-way communication facility” shall mean a system maintained to allow voice contact to come in and out of the working section at all times.

2.3. Telephone or equivalent two-way communication facilities provided on each working section shall be equipped with an audible or visual device and shall be located not more than five (500) hundred feet outby the last open crosscut and not more than eight hundred (800) feet from the farthest point of penetration of the working places on such section.

2.3.1. The incoming communication signal shall activate an audible alarm, distinguishable from the surrounding noise level, or a visual alarm that can be seen by a miner employed on the working

section. Such alarm signal, whether audible or visual, indicating an incoming telephone call shall be continuously activated until a response is received. However, such signal may be deactivated if communicated is no longer desired.

2.3.2. If a communication system other than telephones is used and its operation depends entirely upon power from the mine electric system, means shall be provided to permit continued communication in the event the mine electric power fails or is cut off: Provided, that where trolley phones and telephones are both used, an alternate source of power for the trolley phone system is not required.

36CSR5

2.3.3. Telephones or equivalent two-way communication facilities shall be maintained in good operating condition at all times. In the event of any failure in the system that results in loss of communication, repairs shall be started immediately, and the system restored to operating condition as soon as possible.

2.3.4. If after a reasonable time the failed system is not restored to an operating condition, all persons shall be removed from the working section, unless a trolley radio phone or its equivalent as specified in the next Subsection is used. As used herein, a reasonable time shall be defined as such time as is required to promptly examine, after discovery of the loss of communication, the section communications line to the section branch line, and if the cause of the failure is determined during this examination, to immediately correct the same.

2.3.5. If a trolley radio phone or its equivalent is available, it may be utilized for communications in the event of a failure in the system that results in the loss of communications provided that such trolley radio phone or its equivalent shall be located not more than eight hundred (800) feet from the farthest penetration of working places on a working section with a person continually stationed with the trolley radio phone and provided further that efforts are being made to restore the communication system to an operating condition.

2.3.6. Where required by the Director, trucks used for haulage of coal, personnel or supplies by an operator shall be equipped with two-way communication instruments.

2.4. Unless the Director for good cause grants a waiver, all such telephones or equivalent two-way communications shall be connected to regular telephonic and other means of communication available in the community so that in the event of an emergency, emergency medical attendants or other personnel can communicate from within the mine directly to health care facilities.

2.5. Such telephonic and other means of communication available in the community shall be the primary source of communication from the mine to health care facilities. The Director, at any time, upon application from the operator, may grant a waiver providing for a back-up system of communication that may be used in the event of a malfunction in the primary communication system in order to maintain communication from the mine to health care facilities.

2.6. In the event the primary system of outside communication and, if applicable, the back-up system of communication malfunction, so that there is no communication from the mine to the health care facilities, all employees shall be removed from the underground, unless the Director, for cause, grants a waiver.

2.7. Telephone lines and cables shall be carried on insulators installed on the opposite side of trolley wires and at least twelve (12) inches from all other insulated power wires other than those classified as Class two (2) or Class three (3) circuits by the National Electric Code, and where such telephone lines or cables cross power or trolley wires, they shall be insulated adequately.

2.8. Lightning arrestors shall be provided at the points where telephone circuits enter the mine.

Series 06 Longwall Mining

W. Va. Code R. § 36-6-1 General

1.1. Scope. -- Rules and Regulations Governing Longwall Mining Within the State of West Virginia.

1.2. Authority. -- W. Va. Code §22A-6-4.

1.3. Filing Date. – January 7, 2020.

1.4. Effective Date. -- April 6, 2020.

1.5. Other Law Applicable. -- All provisions of the Mining Law of this State, specifically W. Va. Code §§22A-2-1 et seq., are applicable to longwall mining, except to the extent that these regulations cover the specific requirement.

W. Va. Code R. § 36-6-2 Effective Law and Regulation

2.1. These regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq., relative to enforcement are applicable to the enforcement of these regulations.

W. Va. Code R. § 36-6-3 Definitions

3.1. Office. -- The term “Office” shall mean the Office of Miners’ Health, Safety and Training provided for in W. Va. Code §22A-1-1 et seq.

3.2. Approved -- The term “Approved” shall mean in strict compliance with mining law, or, in the absence of law, accepted by a recognized standardizing body or organization whose approval is generally recognized as authoritative on the subject.

3.3. Accessible Travel Route – “Accessible Travel Route” means an unobstructed passageway not less than twenty-four (24) inches wide with reflective material at twenty-five (25) foot intervals.

3.4. Retreat Longwall Working Face. The term “Retreat Longwall Working Face” shall mean a working place in a coal mine in which work of extracting coal from its natural deposit in the earth is performed during a mining cycle by a longwall mining system.

3.5. Retreat Longwall Working Section -- The term “Retreat Longwall Working Section” shall mean all areas from and including the section transformer to and including the longwall working face.

3.6. Caving Line -- The term “Caving Line” shall mean the line on the roof formed by the rear most projection of the roof support canopies once the longwall section has started retreating.

W. Va. Code R. § 36-6-4 Plans for Longwall Mining; Approval by Office of Miners’ Health, Safety and Training

4.1. After the effective date of these rules and regulations, no longwall mining shall be started in any coal mine until required plans for longwall mining have been filed and approved by the Office of Miners’ Health, Safety and Training, which approval shall not be unreasonably withheld. All revisions to such approved plans shall be resubmitted for approval to the Office of Miners’ Health, Safety and Training.

4.2. Longwall mining plans submitted for approval to the Office of Miners’ Health, Safety and Training shall include the following:

4.2.1. Company Name

4.2.2. Mine Name

4.2.3. Mine Location

4.2.4. Mine Address

4.2.5. Telephone Number (Mine)

4.2.6. Name, title and telephone number of person submitting plan.

4.2.7. Mine D Number

4.2.8. Longwall Mining Roof Control Plan (All approved roof control plans for longwall mining sections shall include a plan indicating the roof support to be used and the working procedures to be followed when a cavity is encountered over chocks.)

4.2.9. Longwall shields and chocks shall be lowered and/or depressurized by the use of a hydraulic pump, and shall not be lowered and depressurized manually. Methods for lowering and depressurizing such as, but not limited to, removing hoses or releasing yield valves are prohibited. Longwall shields and chocks shall not be lowered or depressurized by any other means unless approved by the Director if it is determined that safety is not diminished.

4.2.10. Ventilation Plan, which shall include the complete section and face ventilation controls and bleeder systems.

4.2.11. Methane and Dust Control Plan.

4.3. After approval of submitted plans has been obtained from the Office of Miners’ Health, Safety and Training as required in Section 4.1. and 4.2 of these rules and regulations, additional approvals for new longwall sections will not be necessary; providing required plans initially approved and/or revised are complied with.

4.4. In coal mines where retreat longwall mining section operations are in progress prior to the effective date of these rules and regulations, no new longwall mining sections shall be started until required plans for longwall mining have been filed and approved by the Office of Miners’ Health, Safety and Training, which approval shall not be unreasonably withheld.

W. Va. Code R. § 36-6-5 Chock and/or Shield Recovery Plan from Longwall Face; Approval by Office of Miners’ Health, Safety and Training

5.1. The operator shall develop a plan for recovery of chocks and/or shields or other longwall roof support. Such recovery shall not be initiated until such recovery plan is approved by the Office of Miners’ Health, Safety and Training, which approval shall not be unreasonably withheld. All revisions to such approved plan shall be resubmitted for approval to the Office of Miners' Health, Safety and Training.

W. Va. Code R. § 36-6-6 Communications; Longwall Working Face; Longwall Working Section

6.1. Two-way communication facilities, approved by the Director of the Office of Miners’ Health, Safety and Training, shall be provided at the headgate, tailgate and across each longwall section face. During the production of coal longwall section face communication facilities shall be a separate system from the mine communication facilities. Longwall section face communication facilities shall be located at a point not more than one-hundred (100) feet apart across the longwall section face.

6.2. Two-way communication facilities shall be provided on each longwall working section. During production of coal the headgate operator, or other designated person, shall be continuously available with the longwall section communication and longwall face communication facilities.

W. Va. Code R. § 36-6-7 Electrical De-energizing Devices; Longwall Section Face Conveyer

7.1. After the effective date of these rules and regulations, all new installed longwall section face conveyers shall be provided with lock-out type de-energizing devices to de-energize the electrical power on the longwall section face conveyer: Such de-energizing devices shall be provided at intervals of not more than fifty (50) feet when the height of the coal seam is below forty-eight (48) inches and at intervals of not more than one-hundred (100) feet when the height of the coal seam is above forty-eight (48) inches.

7.1.1. Twelve (12) months after the effective date of these rules and regulations all longwall mining sections that were in operation prior to the effective date of these rules and regulations shall be provided with lock-out type de-energizing devices on face conveyers as required in the aforementioned paragraph.

7.2. The headgate operator on the longwall section face shall be provided with emergency de-energizing devices to de-energize immediately the longwall mining face equipment.

7.3. At the beginning of each coal producing shift all emergency de-energizing devices shall be checked for proper functioning. If an emergency de-energizing device is found malfunctioning, mining operations shall not begin until all de-energizing device is repaired.

7.3.1. If during a coal producing shift a de-energizing device malfunctions, a designated person shall be stationed at the next de-energizing device until such time the malfunctioning de-energizing device is functioning properly.

7.3.2. At no time shall more than one de-energizing device be malfunctioning while mining operations are in progress.

7.4. Longwall section face conveyer electrical circuits shall be designed so the face conveyer will not start at any other location until the lockout device is disengaged at the point of initial interruption.

7.5. All shearer and plow motors used on a longwall section face shall be designed so that the cutting bits on the shearer or plow cannot begin operating when electrical power is initially applied.

7.6. No person shall perform work on the panline or on the face side of the panline unless such equipment is de-energized and locked out.

W. Va. Code R. § 36-6-8 Methane Examinations; Monitor, Face Area

8.1. The Director or his representative shall require an approved methane monitor to be installed at the headgate on a longwall working section. The censoring unit indicating the atmospheric conditions on the above methane monitor shall be installed at a location inby the rib line on the return side of the longwall face.

8.1.1. The methane monitor shall be kept operative and properly maintained and tested weekly.

8.1.2. Such methane monitor shall give warning automatically when the concentration of methane reaches a maximum percentage of not more than 1.0 volume percentum of methane.

8.1.3. The operator of any mine which longwall mining is performed shall establish and adopt a definite maintenance program designed to keep such methane monitors operative and a written description of such program shall be available for inspection. At least once every fifteen (15) days the methane monitors shall be checked for operating accuracy with a known methane air mixture and shall be calibrated as necessary. A record of calibration tests shall be kept in a book on the surface.

8.2. It shall be the duty of the certified person designated by the mine foreman to supervise a longwall section, to examine the longwall face for hazards at least once every two (2) hours during each coal producing shift or more often if necessary for safety. Such examination shall include test for methane gas and oxygen deficiency. Such methane and oxygen deficiency examinations shall be made in at least one hundred foot intervals, between the headgate and tailgate. The initials, date, and time shall be recorded at the test locations.

8.3. Should one percent or more of methane gas be detected, the electrical equipment shall be immediately de-energized and the electrical power circuit then disconnected from the power supply until the place is pronounced safe by a certified person.

W. Va. Code R. § 36-6-9 Safety Provisions - Longwall Section Face Conveyer

9.1. No person shall cross the longwall section face conveyer while such is in operation, unless a crossover is provided for a person to cross the face conveyer safely.

9.2. Prior to starting a longwall section face conveyer, telephone pager communications or other effective warning signal shall be sounded to alert all persons across the longwall section working face.

9.3. No person shall ride the longwall section face conveyer; however, a plan may be submitted to the Director of the Office of Miners’ Health, Safety and Training for approval for the removal of injured persons on the longwall section face conveyer, provided it is necessary to transport such injured person on a stretcher or backboard.

9.4. All new face roof support units shall be equipped with adjacent unit controls unless units have a wide single canopy over each unit that protects the workman from falling material when operating unit controls from within the support of shield unit being removed.

9.5. After the effective date of these rules and regulations all new installed face roof support units shall be equipped with an outlet to facilitate measurement of the interior prop pressure.

9.6. After the effective date of these rules and regulations all new installed face roof support units shall be equipped with an outlet to facilitate measurement of the yield pressure.

9.7. Yield valves of face roof support units shall be calibrated at least annually within fifteen (15) percent of the yield pressure specified in the approved roof control plan. A legible record of such calibrations of each valve shall be kept on the surface of the mine for at least eighteen (18) months and be available for inspection by interested persons.

W. Va. Code R. § 36-6-10 Cutting and Welding; Longwall Mining Section

10.1. Prior to cutting and welding being performed on a longwall section face methane gas examinations shall be made by a certified mine foreman-fire boss or assistant mine foreman-fire boss. Cutting and welding may only be performed when methane gas is less than one percent. A certified person as defined above shall be continuously present during all cutting and welding operations.

10.2. Prior to cutting or welding on a longwall section face panline, such open bottom type panlines shall be jacked up, blocked and/or properly secured off the bottom a distance of at least ten (10) feet along the face on both sides where such cutting is to be performed. Methane examinations shall be made before cutting and welding is initiated on such panlines.

10.3. When cutting and welding operations have been completed a certified person as defined above shall search for fires and hot spots. If fires or hot spots are found, they shall be extinguished immediately.

W. Va. Code R. § 36-6-11 Longwall Mining - General Requirements

11.1. All hydraulic line repairs shall be performed in accordance with the requirements of the manufacturer’s specifications.

11.2. All hydraulic roof support units and associated apparatus on a longwall working face shall be visually inspected at least once during each coal production shift by a qualified person. A written record of such examination shall be maintained on the surface.

W. Va. Code R. § 36-6-12 Longwall Mining; First Aid Equipment

12.1. First aid equipment required on each working section as defined in W. Va. Code §22a-2-59 shall be maintained in the headgate and tailgate entries at a point not to exceed one hundred-fifty (150) feet outby the longwall working face.

W. Va. Code R. § 36-6-13 Accessible Travel Route - Longwall Mining Section

13.1. An accessible travel route shall be maintained at all times off of the tailgate end of the retreat longwall working face.

13.2. However, the operator may develop a plan for approval, by the Office of Miners’ Health, Safety and Training to continue operation of the longwall working section in the event the tailgate route becomes impassable. Such plan shall include necessary provisions to be taken to provide additional protective devices for longwall section personnel.

13.3. When the tailgate travel routes becomes impassable the longwall operation shall cease immediately and all persons working on such longwall section shall be familiarized of the procedures to follow for escape from such section. Such approval plan by the Office of Miners’ Health, Safety and Training shall be implemented immediately.

13.4. The operator shall immediately notify the Office of Miners’ Health, Safety and Training when such travel route becomes impassable.

13.5. The Office of Miners’ Health, Safety and Training representative shall immediately upon notification establish a scheduled meeting with the operator and representatives of the miners at such mine.

W. Va. Code R. § 36-6-14 Training - Longwall Mining Section

14.1. Training programs in the hazards of longwall mining shall be submitted for approval to the Director of the Office of Miners’ Health, Safety and Training.

14.2. The training program shall consist of the following:

14.2.1. Escapeway and Travel Routes

14.2.2. Ventilation

14.2.3. Roof Support

14.2.4. Communications

14.2.5. Stop Controls and Signals

14.2.6. Location of First-Aid Equipment

14.2.7. Safety Rules for Longwall Mining

Series 08 Rules and Regulations Governing the Right of a Miner to Refuse to Operate Alleged Unsafe Equipment

W. Va. Code R. § 36-8-1 General

1.1. Scope. -- Rules and regulations governing the right of a miner to refuse to operate alleged unsafe equipment.

1.2. Authority. -- W. Va. Code §22A-6-4.

1.3. Filing Date. – January 7, 2020.

1.4. Effective Date. -- April 6, 2020.

W. Va. Code R. § 36-8-2 Definitions

2.1. As used in this series:

2.1.1. Unsafe Equipment: The term “Unsafe Equipment” shall mean any equipment designed to be operated by a miner that has a defect which is covered by state law, or rule or regulation, and that creates a condition which involves a potential hazard that could reasonably be expected to cause a miner in the vicinity to be placed in danger of injury or death.

2.1.2. Safety representative: The term “Safety Representative” shall mean any safety representative of the miners at the mine affected.

W. Va. Code R. § 36-8-3 No Miner Shall Be Required To Operate Unsafe Equipment

3.1. Miner's procedure when equipment is believed to be unsafe-When a miner believes the equipment he or she is operating, or is assigned to operate, is unsafe, the miner shall cease or refuse to operate the alleged unsafe equipment and promptly inform his or her immediate supervisor as to the identity of the alleged unsafe equipment and the particular alleged defect causing the equipment to be unsafe.

W. Va. Code R. § 36-8-4 Equipment Examination: Immediate Supervisor-Miner

4.1. Prior to the alleged unsafe equipment being placed back into operation after a miner has alleged it to be unsafe, the immediate supervisor shall examine, or have examined by maintenance personnel, the alleged unsafe equipment with regard to each alleged defect noted by the miner. If the alleged defects are corrected the equipment may be placed back into operation.

W. Va. Code R. § 36-8-5 Dispute Procedures: Immediate Supervisor-Miner

5.1. When the immediate supervisor fails to have the alleged defects corrected, the alleged unsafe equipment may be parked in a manner that will allow the movement of other equipment; and the alleged unsafe equipment shall be de-energized, locked-out, and suitably tagged so as to keep the alleged unsafe equipment from being operated by any person.

5.2. No miner shall be discriminated against for refusing to operate alleged unsafe equipment.

W. Va. Code R. § 36-8-6 Operator's Procedure If Dispute Remains Unsettled

6.1. If the allegations of the miner are disputed, the immediate supervisor shall notify at least one safety representative and a maintenance foreman, who shall inspect and/or test the alleged unsafe equipment within four (4) hours after notification to determine if the alleged defect exists. If the safety representative and the maintenance foreman find that the alleged defect does exist, the defect shall be corrected before the equipment is placed back into operation; if no defect is found, the equipment can be placed back into operation.

6.2. If the safety representative and the maintenance foreman disagree as to the alleged defect, they shall reduce to writing in detail the results of their inspection and/or test of the alleged unsafe equipment on a form, and in the manner, prescribed by the Director of the Office of Miners’ Health, Safety and Training. The form shall contain at least the date and time of the inspection and/or test, description and location of the alleged unsafe equipment and the detailed results of the inspection and/or test.

W. Va. Code R. § 36-8-7 Inspection: Office of Miners’ Health, Safety and Training

7.1. At the conclusion of the steps outlined in Sections 4, 5 and 6 of this Series, the operator or his representative shall immediately notify the Director or the authorized representative requesting an investigation of his allegations of unsafe equipment. Upon receiving a request to investigate from an operator or his representative, the Director or his authorized representative shall immediately inform the operator when an inspection of the alleged unsafe equipment can be made by the Director of the Office of Miners’ Health, Safety and Training: Provided, That such investigation shall be started within twenty-four (24) hours after the Office of Miners’ Health, Safety and Training is requested to investigate. The operator or his representative shall give notice of the investigation time and place to the immediate supervisor and the miner involved in the dispute. The miner shall be given reasonable time to notify his or her safety representative, if he or she so chooses, in order that they may participate in the inspection.

7.2. A qualified authorized representative of the Director shall be at the place set for inspection at the time designated in order to conduct an investigation of the alleged unsafe equipment. Prior to inspecting the alleged unsafe equipment, the authorized representative of the Director shall read the form required to be completed in Section 6.2 of this Series. The authorized representative of the Director shall inspect and/or test the alleged unsafe equipment and enter the results thereof on a form and, in the manner, prescribed by the Director. The authorized representative's conclusions as to whether or not the equipment was “unsafe equipment” shall be entered on the form, along with the reasons for such conclusion. At the conclusion of the investigation, the authorized representative of the Director shall discuss the results of the investigation with, and in the presence of, the miner, the miner's safety representative if the miner so chooses, the immediate supervisor, the maintenance personnel involved in the dispute, the mine foreman and/or superintendent.

7.3. If the authorized representative of the Director finds the equipment involved in the dispute to have a defect which is covered by state law, or rule or regulation, appropriate notices and/or orders shall be issued; which notices and/or orders shall be complied with prior to the subject equipment being placed back into operation.

W. Va. Code R. § 36-8-8 Decision By The Director Or The Deputy Director As To Whether Or Not The Miner Acted With Good Faith And With Good Cause

8.1. When the operator believes the miner involved in the dispute acted in bad faith and without good cause, the operator may make application to the Director charging the miner with having acted in bad faith and without good cause and requesting a determination of such charge: Provided, That such charge is made within five (5) days of the alleged dispute.

8.2. The operator's application charging the miner shall be mailed by certified mail to the Director, the charged miner, and the safety representative, if any.

8.3. Upon receiving a charge from an operator, the Director shall promptly cause such investigation as he deems appropriate and schedule a hearing within twenty (20) days after receiving the charge, allowing the operator and the miner an opportunity to be heard.

8.3.1. Notice of hearing; Contents of notice.

8.3.1.a. Unless waived by the operator and the miner involved in the dispute, no hearing shall be conducted under Section 8 of this Series unless the miner and operator shall have received at least ten (10) days' written notice.

8.3.1.b. Each written notice of the hearing shall contain the date, time and place of the hearing and a short and plain statement of matters which are to be the subject of or asserted at the hearing. Such notice shall be given by certified mail.

8.3.2. Date, time and place of hearing. The date, time and place of the hearing shall be determined by the Director.

8.3.3. Representation at hearings. The miner involved in the dispute may represent himself, be represented by a safety representative or be represented by an attorney duly authorized to practice law in West Virginia. The operator may be represented by a full-time employee or an attorney duly authorized to practice law in West Virginia.

8.3.4. Applicability of Administrative Procedures Act. All of the pertinent provisions of W. Va. Code §§29A-5-1 et seq., shall apply to and govern hearings conducted under Section 8 of this Series with like effect as if the provisions of W. Va. Code §§29A-5-1 et seq., were set forth herein. If any provision of these rules of practice and procedure contained in Section 8 of this Series are inconsistent with any pertinent provisions of W. Va. Code §§29A-5-1 et seq., the provisions of W. Va. Code §§29A-5-1 et seq., shall control.

8.3.5. Waiver of evidentiary presentation.

8.3.5.a. Any party who desires to submit written pleadings, comments or information in lieu of an evidentiary hearing may submit such documents prior to the hearing date, for the Director's or Deputy Director's, as the case may be, consideration in the matter in the event hearing is waived as provided in subsection (e) (2) of this Section.

8.3.5.b. Parties entitled to an evidentiary hearing may waive such right in writing, but unless all entitled parties file timely waivers, a hearing will be conducted. Such waivers must be unequivocal and request the Director or Deputy Director, as the case may be, to decide the matter at issue on the materials submitted in subsection (e) (1) of this Section and any stipulations the parties might enter into.

8.3.5.c. When a hearing is waived under the provisions of this subsection, the written record in the case shall be submitted to the Director or Deputy Director, as the case may be, for decision.

8.3.6. Burden of proof. In proceedings under this Series, the operator making application to the Director under subsection 8.1. of this Series shall have the burden of proving his case by a preponderance of the evidence.

8.3.7. Proposed findings, conclusions and orders. The Director or Deputy Director, as the case may be, may request the submission by parties of the proposed findings of fact, conclusions of law and orders, together with a supporting brief: Provided, That such documents shall be submitted within twenty (20) days after their request. Such proposals and briefs shall be served upon all parties, and shall contain adequate references to the record and authorities relied upon.

8.3.8. Hearings to be public. All hearings conducted under Section 8 of this Series shall be open to the public.

8.3.9. Decisions and orders.

8.3.9.a. Within twenty (20) days after conclusion of the hearing and submission of the all documents or after submission of the case and consideration of the record as a whole in the event a hearing is waived, the Director or Deputy Director, as the case may be, shall render a decision and order which shall be in writing and shall include a statement of (a) findings and conclusions, and the reasons or basis therefore on the material issues of fact and law and (b) the appropriate ruling or order granting, granting in part or denying the relief sought.

8.3.9.b. A copy of all decisions and orders shall be served, by certified mail, upon all parties and, unless the decision and/or order provides, the decision and order so served shall become effective immediately following service.

Series 10 Roof Control

W. Va. Code R. § 36-10-1 General

1.1. Scope. -- This Series sets requirements for controlling roof, face, and ribs, including coal or rock bursts, in underground coal mines. Roof control systems installed prior to the effective date of this Series are not affected so long as the support system continues to effectively control the roof, face and ribs.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

W. Va. Code R. § 36-10-2 Definitions

2.1. As used in this rule, unless used in a context that clearly requires a different meaning, the term:

2.1.1. Adopted approved roof control plan -- The roof control plan and revisions thereof suitable to the roof conditions and mining systems of each coal mine which has been adopted by the mine and approved by the Director pursuant to W. Va. Code §22A-2-25.

2.1.2. Approved -- In strict compliance with mining law, or in the absence of law, accepted by a recognized standardizing body or organization where approval is generally recognized as authoritative on the subject.

2.1.3. Automated temporary roof support system -- The devices and mechanisms, including the ATRS, used, and methods followed by which the ATRS is activated and set to support the roof.

2.1.4. Automated temporary roof support or ATRS -- A mechanical device used to support the roof temporarily.

2.1.5. Director -- The Director of the West Virginia Office of Miners’ Health, Safety and Training.

2.1.6. Pillar recovery -- Any reduction in pillar size during retreat mining.

W. Va. Code R. § 36-10-3 Protection From Falls of Roof, Face and Ribs

3.1. The roof, face and ribs of areas where persons work or travel shall be supported or otherwise controlled to protect persons from hazards related to falls of the roof, face, or ribs and coal or rock bursts.

3.2. No person shall work or travel under unsupported roof unless in accordance with this Series.

W. Va. Code R. § 36-10-4 Mining Methods

4.1. The method of mining shall not expose any person to hazards caused by excessive widths of rooms, crosscuts and entries, or faulty pillar recovery methods. Pillar dimensions shall be compatible with effective control of the roof, face, and ribs and coal or rock bursts.

4.2. A sightline or other method of directional control shall be used to maintain the projected direction of mining in entries, rooms, crosscuts, and pillar splits.

4.3. A sidecut shall be started only from an area that is supported in accordance with the roof control plan.

4.4. A working face shall not be mined through into an unsupported area of active workings, except when the unsupported area is inaccessible.

4.5. Additional roof support shall be installed where:

4.5.1. The width of the opening specified in the roof control plan is exceeded by more than twelve (12) inches; and

4.5.2. The distance over which the excessive width exists is more than five (5) feet.

W. Va. Code R. § 36-10-5 Roof Bolting

5.1. For roof bolts and accessories addressed in ASTM F432-95, “Standard Specification for Roof and Rock Bolts and Accessories”, the mine operator shall:

5.1.1. Obtain a manufacturer's certification that the material was manufactured and tested in accordance with the specifications of ASTM F432-95; and

5.1.2. Make this certification available to an authorized representative of the Director.

5.2. Roof bolts and accessories not addressed in ASTM F432-95 may be used, provided that the use of such materials is approved by the Director or his/or her authorized representative based on:

5.2.1. Demonstrations which show that the materials have successfully supported the roof in an area of a coal mine with similar strata, opening dimensions and roof stresses; or

5.2.2. Tests have shown the materials to be effective for supporting the roof in an area of the affected mine which has similar strata, opening dimensions and roof stresses as the area where the roof bolts are to be used. During the test process, access to the test area shall be limited to persons necessary to conduct the test.

5.2.3. A bearing plate shall be firmly installed with each roof bolt.

5.2.4. Bearing plates used directly against the mine roof shall be at least six (6) inches square or the equivalent, except that where the mine roof is firm and not susceptible to sloughing, bearing plates five (5) inches square or the equivalent may be used.

5.2.5. Bearing plates used with wood or metal materials shall be at least four (4) inches square or the equivalent.

5.2.6. Wooden materials that are used between a bearing plate and the mine roof in areas which will exist for three (3) years or more shall be treated to minimize deterioration.

5.3. When washers are used with roof bolts, the washers shall conform to the shape of the roof bolt head, and bearing plate.

5.3.1. The diameter of finishing bits shall be within a tolerance of plus or minus 0.030 inch of the manufacturer's recommended hole diameter for the anchor used.

5.3.2. When separate finishing bits are used, they shall be distinguishable from other bits.

5.4. Tensioned roof bolts:

5.4.1. Roof bolts that provide support by creating a beam of laminated strata shall be at least thirty (30) inches long. Roof bolts that provide support by suspending the roof from overlying stronger strata shall be long enough to anchor at least twelve (12) inches into the stronger strata.

5.4.2. Test holes, spaced at intervals specified in the roof control plan, shall be drilled to a depth of at least twelve (12) inches above the anchorage horizon of mechanically anchored tensioned bolts being used. When a test hole indicates that bolts would not anchor in competent strata, corrective action shall be taken.

5.4.3. The installed torque or tension ranges for roof bolts as specified in the roof control plan shall maintain the integrity of the support system and shall not exceed the yield point of the roof bolt nor anchorage capacity of the strata.

5.4.4. In each roof bolting cycle, the actual torque or tension of the first tensioned roof bolt installed with each drill head shall be measured immediately after it is installed. Thereafter, for each drill head used, at least one (1) roof bolt out of every four (4) installed shall be measured for actual torque or tension. If the torque or tension of any of the roof bolts measured is not within the range specified in the roof control plan, corrective action shall be taken.

5.4.5. In working places from which coal is produced during any portion of a twenty-four (24) hour period, the actual torque or tension on at least one (1) out of every ten (10) previously installed mechanically anchored tensioned roof bolts shall be measured from the outby corner of the last open crosscut to the face in each advancing section. Corrective action shall be taken if the majority of the bolts measured:

5.4.5.a. Do not maintain at least seventy percent (70%) of the minimum torque or tension specified in the roof control plan, fifty percent (50%) if the roof bolt plates bear against wood; or

5.4.5.b. Have exceeded the maximum specified torque or tension by fifty percent (50%).

5.4.6. The mine operator or a person designated by the operator shall certify by signature and date that measurements required by Subsection 5.4.5. of this Series have been made. This certification shall be maintained for at least one (1) year and shall be made available to an authorized representative of the Director and representatives of the miners.

5.4.7. Tensioned roof bolts installed in the roof support pattern shall not be used to anchor trailing cables or used for any other purpose that could affect the tension of the bolt. Hanging trailing cables, line brattice, telephone lines, or other similar devices which do not place sudden loads on the bolts are permitted.

5.4.8. Angle compensating devices shall be used to compensate for the angle when tensioned roof bolts are installed at angles greater than five (5) degrees from the perpendicular to the bearing plate.

5.5. Non-tensioned grouted roof bolts. The first non-tensioned grouted roof bolt installed during each roof bolting cycle shall be tested during or immediately after the first row of bolts has been installed. If the bolt tested does not withstand at least one hundred fifty (150) foot-pounds of torque without rotating in the hole, corrective action shall be taken.

5.6. Removal of Roof Hazards. Prior to or during bolting operations in working places, the person responsible for performing such work shall immediately notify a supervisor if abnormal or hazardous conditions are encountered. No further work shall be performed until a supervisor examines the area where he/she has been informed that abnormal or hazardous conditions exist and directs the correction of such condition.

5.7. Working Around Roof Bolting Machines. On all roof bolting machines except continuous mining machines with integral roof bolters, during the time that the ATRS system is being engaged against or retracted from the mine roof, all persons except those specified below shall be outby the last row of permanent roof supports. This requirement shall not apply to the equipment operator, provided that adequate protection is provided for the equipment operator while setting the ATRS.

5.8. Roof Bolting Machines - Requirements. Roof bolting machines used in seams forty-eight (48) inches or higher shall be equipped with a mechanical means of holding the drill steel during drilling operations, which minimizes the need for the equipment operator to handle the drill steel. The Director may require such devices on roof bolting machines used in seams under forty-eight (48) inches where the technology for such equipment to operate under these conditions is available.

5.9. Fast raise on boom feed roof bolting machines: All boom feed roof bolting machines utilizing fast feed will be provided with controls that are designed by the equipment manufacturer and approved by the Director of the Office of Miners' Health, Safety and Training that minimize the operator’s exposure to the pinch point area, while engaging the fast feed function. The fast feed will be designed in such a manner that minimizes accidental activation. Fast feed is defined as a feed rate greater than twelve (12) inches per second.

W. Va. Code R. § 36-10-6 Installation of Roof Support Using Mining Machines with Integral Roof Bolters

6.1. When roof bolts are installed by a continuous mining machine with integral roof bolting equipment:

6.1.1. The distance between roof bolts shall not exceed ten (10) feet crosswise.

6.1.2. Roof bolts to be installed nine (9) feet or more apart shall be installed with a wooden crossbar at least three (3) inches thick and eight (8) inches wide, or material which provides equivalent support.

6.1.3. Roof bolts to be installed more than eight (8) feet but less than nine (9) feet apart shall be installed with a wooden plank at least two (2) inches thick and eight (8) inches wide, or material which provides equivalent support.

W. Va. Code R. § 36-10-7 Conventional roof support

7.1. When conventional roof support materials are used as the only means of support:

7.1.1. The width of any opening shall not exceed twenty (20) feet;

7.1.2. The spacing of roadway roof support shall not exceed five (5) feet;

7.1.2.a. Supports shall be installed to within five (5) feet of the uncut face;

7.1.2.b. When supports nearest the face must be removed to facilitate the operation of face equipment, equivalent temporary support shall be installed prior to removing the supports;

7.1.3. Straight roadways shall not exceed sixteen (16) feet wide where full overhead support is used and fourteen (14) feet wide where only posts are used;

7.1.4. Curved roadways shall not exceed sixteen (16) feet wide; and

7.1.5. The roof at the entrance of all openings along travelways which are no longer needed for storing supplies or for travel of equipment shall be supported by extending the line of support across the opening.

7.2. Conventional roof support materials shall meet the following specifications:

7.2.1. The minimum diameter of cross-sectional area of wooden posts shall be as follows:

Diameter ofCross Sectional Post lengthround postsarea of split posts (in inches)(in inches)(in square inches) 60 or less 413 Over 60 to 84 520 Over 84 to 108 628 Over 108 to 132 739 Over 132 to 156 850 Over 156 to 180 964 Over 180 to 2041079 Over 204 to 2281195 Over 22812113

7.2.2. Wooden materials used for support shall have the following dimensions:

7.2.2.a. Cap blocks and footings shall have flat sides and be at least two (2) inches thick, four (4) inches wide and twelve (12) inches long.

7.2.2.b. Crossbars shall have a minimum cross-sectional area of twenty-four (24) square inches and be at least three (3) inches thick.

7.2.2.c. Planks shall be at least six (6) inches wide and one (1) inch thick.

7.2.3. Cribbing materials shall have at least two (2) parallel flat sides.

7.3. A cluster of two (2) or more posts that provide equivalent strength may be used to meet the requirements of Subsection 7.2.1 of this Series, except that no post shall have a diameter less than four (4) inches or have a cross-sectional area less than thirteen (13) square inches.

7.4. Materials other than wood used for support shall have support strength at least equivalent to wooden material meeting the applicable provisions of this Section.

7.5. Posts and jacks shall be tightly installed on solid footing.

7.6. When posts are installed under a roof susceptible to sloughing a cap block, plank, crossbar, or materials that are equally effective shall be placed between the post and the roof.

7.7. Blocks used for lagging between the roof and crossbars shall be spaced to distribute the load.

7.8. Jacks used for roof support shall be used with at least thirty-six (36) square inches of roof bearing surface.

W. Va. Code R. § 36-10-8 Pillar recovery

8.1. Pillar recovery shall be conducted in the following manner, unless otherwise specified in the roof control plan:

8.1.1. Full and partial pillar recovery shall not be conducted on the same pillar line, except where physical conditions such as unstable floor or roof, falls of roof, oil and gas well barriers or surface subsidence require that pillars be left in place.

8.2. Before mining is started in a pillar split or lift:

8.2.1. At least two (2) rows of breaker posts or equivalent support shall be installed:

8.2.1.a. As close to the initial intended breakline as practicable; and

8.2.1.b. Across each opening leading into an area where full or partial pillar extraction has been completed.

8.2.2. A row of roadside-radius (turn) posts or equivalent support shall be installed leading into the split or lift.

8.3. Before mining is started on a final stump:

8.3.1. At least two (2) rows of posts or equivalent support shall be installed on not more than four (4) - foot centers on each side of the roadway; and

8.3.2. Only one (1) open roadway, which shall not exceed sixteen (16) feet wide, shall lead from solid pillars to the final stump of a pillar. Where posts are used as the sole means of roof support, the width of the roadway shall not exceed fourteen (14) feet.

8.4. During open-end pillar extraction, at least two (2) rows of breaker posts or equivalent support shall be installed on not more than four (4) - foot centers. These supports shall be installed between the lift to be started and the area where pillars have been extracted. These supports shall be maintained to within seven (7) feet of the face and the width of the roadway shall not exceed sixteen (16) feet. Where posts are used as the sole means of roof support, the width of the roadway shall not exceed fourteen (14) feet.

8.5. Overlays and underlays of the area to be mined shall be reviewed by the Director or his/or her representative and the mine operator during the required periodic review of the approved roof control plan as required by W. Va. Code §22A-2-25(a) at any mine where pillar recovery is being performed.

8.6. During pillar extraction all non-essential personnel shall remain outby the last open cross-cut of the place where coal is being removed.

8.7. In mines where pillar extraction (second mining) has not been previously performed, the following requirements shall be met before pillaring is begun:

8.7.1. The operator shall review the provisions of the approved roof control plan concerning pillar extraction with all persons to be performing such work, immediately prior to the start of such work.

8.7.2. The operator shall notify the district inspector in whose district the mine is located five (5) working days prior to the date pillaring is to begin. When deemed necessary the district inspector may require that he/she be present during the review of the approved roof control plan, provided that he/she can be present before pillaring is to begin.

W. Va. Code R. § 36-10-9 Warning Devices

9.1. Except during the installation of roof supports, the end of permanent roof support shall be posted with a readily visible warning, or a physical barrier shall be installed to impede travel beyond permanent support.

W. Va. Code R. § 36-10-10 Automated Temporary Roof Support Systems

10.1. All new and rebuilt roof bolting machines and continuous mining machines with integral roof drills used in a working place in a coal mine shall be provided with approved automated temporary roof support system(s): Provided, That other methods of temporarily supporting the roof may be approved by the Director in the adopted approved roof control plan.

10.2. Approved automated temporary roof support systems shall be provided on all roof bolting machines and continuous mining machines with integral roof drills used in a work place: Provided, That other methods of temporarily supporting the roof may be approved by the Director in the adopted approved roof control plan.

10.3. Automated temporary roof support systems and all other methods of temporarily supporting the roof shall be approved on an individual mine basis by the Director and shall become part of the adopted approved roof control plan.

10.4. The operator shall, prior to any automated temporary roof support system being used underground, first obtain approval from the Director or an authorized representative of the Director, such approval to be in the manner and form prescribed by the Director: Provided, That such approval shall not be unreasonably withheld and furthermore, any automated temporary roof support system that has been “Approved” prior to the effective dates of Section 5.1 of this Series shall also be approved by the Director or his/her authorized representative if the automated temporary roof support system meets the minimum requirements stated in Section 10.6 of this Series.

10.5. A waiver may be granted, as to the use of an automated temporary roof support system, by the Director where it has been demonstrated by the operator and determined during an investigation by an authorized representative of the Director that the use of an automated temporary roof support system would create a condition which will cause a greater hazard, to people working inby the area where permanent supports have been installed, than the method presently being employed or proposed by the operator for temporarily supporting the roof, or where the technology of an automated temporary roof support system does not exist to allow compliance with the requirements set forth in

Section 10.6. of this Series, of the automated temporary roof support system, the Director may approve the use of temporary jacks and posts to be used in lieu thereof.

10.6. All machines using, or used as, automated temporary roof support shall comply with the following minimum requirements unless a waiver has been granted or another method of temporarily supporting the roof has been approved by the Director under Sections 10.3., 10.4. and 10.5. of this Series.

10.6.1. The necessary controls to position the machine and place the ATRS against the roof shall be operated from under permanently supported roof unless the design of the system will provide adequate protection for the miner while setting such supports.

10.6.2. The ATRS shall be placed firmly against the roof before any work is performed inby permanent roof supports and shall remain against the roof while work is being done.

10.6.3. All hydraulic jacks affecting the support capacity of an ATRS shall have check valves or equivalent protection, to prevent support failure in the event of a sudden loss of hydraulic pressure.

10.6.4. ATRS used in conjunction with single bolt installation are required to elastically support, at a minimum, a deadweight load of eleven thousand two hundred fifty (11,250) pounds for each five (5) foot by five (5) foot square area of the roof intended to be supported.

10.6.5. ATRS consisting of pads and/or crossbars used in single or multiple rows must elastically support, at a minimum, a deadweight load in pounds of 450 X (L + 5) X (W + 5); where L is the length of the support structure from tip to tip and W is the width taken at the center line of a support structure to the center line of another support structure.

10.6.6. The actual capacity to support elastically a deadweight load shall be certified by a registered professional engineer.

10.6.7. The distance that the ATRS may be set inby the last row of permanent supports shall be dependent on the spacing requirements of the permanent roof supports and must be approved by the Director in the adopted approved roof control plan.

10.6.8. No person shall work or travel beyond the ATRS unless the distance between the coal face and the ATRS is five (5) feet or less; in addition, no person shall work or travel left or right of the ATRS unless a coal rib, a permanent support, or a temporary support is within five (5) feet of the ATRS:

Provided, That when such five (5) foot limit is being determined for an ATRS consisting of a ring then said five (5) foot limit shall be determined from the center of the ring.

10.6.9. The inch tram control speed of a roof bolting machine shall not exceed one-half (1/2) of the maximum tram control speed: Provided, That in no case shall the inch tram control speed exceed eighty (80) feet per minute when the roof bolting machine is being used to establish the ATRS.

W. Va. Code R. § 36-10-11 Manual Installation of Temporary Support

11.1. When manually installing temporary support, only persons engaged in installing the support shall proceed beyond permanent support.

11.2. When manually installing temporary supports, the first temporary support shall be set no more than five (5) feet from a permanent roof support and the rib. All temporary supports shall be set so that the person installing the supports remains between the temporary support being set and two (2) other supports which shall be no more than five (5) feet from the support being installed. Each temporary support shall be completely installed prior to installing the next temporary support.

11.3. All temporary supports shall be placed on no more than five (5) foot centers.

11.4. Once temporary supports have been installed, work or travel beyond permanent roof support shall be done between temporary supports and the nearest permanent support or between other temporary supports.

W. Va. Code R. § 36-10-12 Roof Testing and Scaling

12.1. A visual examination of the roof, face, and ribs shall be made immediately before any work is started in an area and thereafter as conditions warrant.

12.2. Where the mining height permits and the visual examination does not disclose a hazardous condition, sound and vibration roof tests, or other equivalent tests, shall be made where supports are to be installed. When sound and vibration tests are made, they shall be conducted:

12.2.1. After the ATRS system is set against the roof and before other support is installed; or

12.2.2. Prior to manually installing a roof support. This test shall begin under supported roof and progress no further than the location where the next support is to be installed.

12.3. When a hazardous roof, face, or rib condition is detected, the condition shall be corrected before there is any other work or travel in the affected area. If the affected area is left unattended, each entrance to the area shall be posted with a readily visible warning, or a physical barrier shall be installed to impede travel into the area.

12.4. A bar for taking down loose materials shall be available in the working place or on all face equipment except haulage equipment. Bars provided for taking down loose material shall be of a length and design that will allow the removal of loose material from a position that will not expose the person performing this work to injury from falling material.

W. Va. Code R. § 36-10-13 Rehabilitation of Areas With Unsupported Roof

13.1. Before rehabilitating each area where a roof fall has occurred or the roof has been removed by mining machines or by blasting:

13.1.1. The mine operator shall establish the clean up and support procedures that will be followed;

13.1.2. All persons assigned to perform rehabilitation work shall be instructed in the clean-up and support procedures; and

13.1.3. Ineffective, damaged, or missing roof support at the edge of the area to be rehabilitated shall be replaced or other equivalent support installed.

13.2. All persons who perform rehabilitation work shall be experienced in this work or they shall be supervised by a person experienced in rehabilitation work who is designated by the mine operator.

13.3. Where work is not being performed to rehabilitate an area in active workings where a roof fall has occurred or the roof has been removed by mining machines or by blasting, each entrance to the area shall be supported by at least one (1) row of posts on not more than five (5) foot centers, or equally effective support.

W. Va. Code R. § 36-10-14 Roof Support Removal

14.1. All persons who perform the work of removing permanent roof support shall be supervised by a management person experienced in removing roof supports.

14.1.1. Only persons with at least one (1) year of underground mining experience shall perform permanent roof support removal work.

14.2. Prior to the removal of permanent roof supports, the person supervising roof removal in accordance with Section 14.1. of this Series shall examine the roof conditions in the area where the supports are to be removed and designate each support to be removed.

14.3. Except as provided in Section 14.7 of this Series, prior to the removal of permanent supports, a row of temporary supports on no more than 5-foot centers or equivalent support shall be installed across the opening within four (4) feet of the supports being removed. Additional supports shall be installed where necessary to assure safe removal.

14.3.1. Prior to the removal of roof bolts, temporary support shall be installed as close as practicable to each bolt being removed.

14.4. Temporary supports installed in accordance with this Section shall not be removed unless:

14.4.1. Removal is done by persons who are in a remote location under supported roof; and

14.4.2. At least two rows of temporary supports, set across the opening on no more than 5-foot centers, are maintained between the miners and the unsupported area.

14.5. Each entrance to an area where supports have been removed shall be posted with a readily visible warning or a physical barrier shall be installed to impede travel into the area.

14.6. Except as provided in Section 14.7. of this Series, permanent support shall not be removed where:

14.6.1. Roof bolt torque or tension measurements or the condition of conventional support indicate excessive loading;

14.6.2. Roof fractures are present;

14.6.3. There is any other indication that the roof is structurally weak;

14.6.4. Pillar recovery has been conducted.

14.7. Permanent supports may be removed provided that:

14.7.1. Removal is done by persons who are in a remote location under supported roof; and

14.7.2. At least two rows of temporary supports, set across the opening on no more than 5 foot centers are maintained between the miners and the unsupported area.

14.8. The provisions of this Section do not apply to removal of conventional supports for starting crosscuts and pillar splits or lifts except that prior to the removal of these supports an examination of the roof conditions shall be made.

W. Va. Code R. § 36-10-15 Supplemental Support Materials, Equipment and Tools

15.1. A supply of supplementary roof support materials and the tools and equipment necessary to install the materials shall be available at a readily accessible location on each working section or within four (4) crosscuts of each working section.

15.2. The quantity of support materials and tools and equipment maintained available in accordance with this Section shall be sufficient to support the roof if adverse roof conditions are encountered, or in the event of an accident involving a fall.

W. Va. Code R. § 36-10-16 Roof Control Plan

16.1. Each mine operator shall develop and follow a roof control plan in accordance with W. Va.

Code §§22A-2-25 and 22A-2-26 that is suitable to the prevailing geological conditions, and the mining system to be used at the mine. Additional measures shall be taken to protect persons if unusual hazards are encountered.

16.1.1. The proposed roof control plan and any revisions to the plan shall be submitted, in writing, to the Director and in accordance with W. Va. Code §§22A-2-25 and 22A-2-26. When revisions to a roof control plan are proposed, only the revised pages need to be submitted unless otherwise specified by the Director.

16.2. The mine operator shall provide the Director or his/her authorized representative and the miner’s representative a copy of the approved roof control plan.

16.2.1. When a proposed plan or revision submitted for approval in accordance with W. Va.

Code §§ 22A-2-25 and 22A-2-26 is denied, the mine operator will be afforded an opportunity to discuss the matter with the roof control inspectors or the Director.

16.2.2. Before new support materials, devices or systems other than roof bolts and accessories are used as the only means of roof support, the Director may require that their effectiveness be demonstrated by experimental installations.

16.3. No proposed roof control plan or revision to a roof control plan shall be implemented before it is approved.

16.4. Before implementing an approved revision to a roof control plan, all persons who are affected by the revision shall be instructed in its provisions.

16.5. The approved roof control plan and any revisions shall be available to the miners and representative of miners at the mine.

W. Va. Code R. § 36-10-17 Roof Control Plan Information

17.1. The following information shall be included in each roof control plan:

17.1.1. The name and address of the company.

17.1.2. The name, address, mine identification number, and location of the mine.

17.1.3. The name and title of the company official responsible for the plan.

17.1.4. A typical columnar section of the mine strata which shall:

17.1.4.a. Show the name and the thickness of the coalbed to be mined and any persistent partings;

17.1.4.b. Identify the type and show the thickness of each stratum up to and including the main roof above the coalbed and for distance of at least ten (10) feet below the coalbed; and

17.1.4.c. Indicate the maximum cover over the area to be mined.

17.1.5. A description and drawings of the sequence of installation and spacing of supports for each method of mining used.

17.1.6. When an ATRS system is used, the maximum distance that an ATRS system is to be set beyond the last row of permanent support.

17.1.7. When tunnel liners or arches are to be used for roof support, specifications and installation procedures for the liners or arches.

17.1.8. Drawings indicating the planned width of openings, size of pillars, method of pillar recovery, and the sequence of mining pillars.

17.1.9. A list of all support materials required to be used in the roof, face, and rib control system, including, if roof bolts are to be installed:

17.1.9.a. The length, diameter, grade and type of anchorage unit to be used;

17.1.9.b. The drill hole size to be used; and

17.1.9.c. The installed torque or tension range for tensioned roof bolts.

17.1.10. When mechanically anchored tensioned roof bolts are used, the intervals at which test holes will be drilled.

17.1.11. A description of the method of protecting persons:

17.1.11.a. From falling material at drift openings; and

17.1.11.b. When mining approaches within one hundred fifty (150) feet of an outcrop.

17.2. Each drawing submitted with a roof control plan shall contain a legend explaining all symbols used and shall specify the scale of the drawing which shall not be less than five (5) feet to the inch or more than twenty (20) feet to the inch.

17.3. All roof control plan information, including drawings, shall be submitted on 8 1/2 by 11 inch paper, or paper folded to this size.

W. Va. Code R. § 36-10-18 Roof Control Plan-Approved Criteria

18.1. This Section sets forth the criteria that shall be considered on a mine-by-mine basis in the formulation and approval of roof control plans and revisions in accordance with W. Va. Code §§22A-2-25 and 22A-2-26. Additional measures may be required in plans by the Director or his/her authorized representative.

18.2. Roof bolting.

18.2.1. Roof bolts should be installed on centers not exceeding five (5) feet lengthwise and crosswise, except as specified in Section 6 of this Series.

18.2.2. When tensioned roof bolts are used as a means of roof support, the torque or tension range should be capable of supporting roof bolt loads of at least fifty percent (50%) of either the yield point of the bolt or anchorage capacity of the strata, whichever is less.

18.2.3. Any opening that is more than twenty (20) feet wide should be supported by a combination of roof bolts and supplemental supports.

18.2.4. In any opening more than twenty (20) feet wide:

18.2.4.a. Posts should be installed to limit each roadway to sixteen (16) feet wide where straight and eighteen (18) feet wide where curved; and

18.2.4.b. A row of posts should be set for each five (5) feet of space between the roadway posts and the ribs.

18.2.5. Openings should not be more than thirty (30) feet wide.

18.3. Installation of roof support using mining machines with integral roof bolters.

18.3.1. Before an intersection or pillar split is started, roof bolts should be installed on at least five (5) foot centers where the work is performed.

18.3.2. Where the roof is supported by only two (2) roof bolts crosswise, openings should not be more than sixteen (16) feet wide.

18.4. Pillar recovery.

18.4.1. During development, any dimension of a pillar should be at least twenty (20) feet.

18.4.2. Pillar splits and lifts should not be more than twenty (20) feet wide.

18.4.3. Breaker posts should be installed on not more than four (4) foot centers.

18.4.4. Roadside-radius (turn) posts, or equivalent support, should be installed on not more than four (4) centers leading into each pillar split or lift.

18.4.5. Before full pillar recovery is started in areas where roof bolts are used as the only means of roof support and openings are more than sixteen (16) feet wide, at least one (1) row of posts should be installed to limit the roadway width to sixteen (16) feet. These posts should be:

18.4.5.a. Extended from the entrance to the split through the intersection outby the pillar in which the split or lift is being made; and

18.4.5.b. Spaced on not more than five (5) foot centers.

18.5. Unsupported openings at intersections. Openings that create an intersection should be permanently supported or at least one (1) row of temporary supports should be installed on not more than five (5) foot centers across the opening before any other work or travel in the intersection.

18.6. Longwall mining systems.

18.6.1. Systematic supplemental support should be installed throughout:

18.6.1.a. The tailgate entry of the first longwall panel prior to any mining; and

18.6.1.b. In the proposed tailgate entry of each subsequent panel in advance of the frontal abutment stresses of the panel being mined.

18.6.2. When a ground failure prevents travel out of the section through the tailgate side of the longwall section, the roof control plan should address:

18.6.2.a. Notification of miners that the travelway is blocked;

18.6.2.b. Re-instruction of miners regarding escapeways and escape procedures in the event of an emergency;

18.6.2.c. Re-instruction of miners on the availability and use of self-contained self-rescue devices;

18.6.2.d. Monitoring and evaluation of the air entering the longwall section;

18.6.2.e. Location and effectiveness of the two-way communication systems; and

18.6.2.f. A means of transportation from the section to the main line.

18.6.3. The plan provisions addressed by Subsection 18.6.2. of this Series should remain in effect until a travelway is reestablished on the tailgate side of a longwall section.

W. Va. Code R. § 36-10-19 Evaluation and Revision of Roof Control Plan

19.1. Revisions of the roof control plan shall be proposed by the operator:

19.1.1. When conditions indicate that the plan is not suitable for controlling the roof, face, ribs, or coal or rock bursts; or

19.1.2. When accident and injury experience at the mine indicates the plan is inadequate. The accident and injury experience at each mine shall be reviewed at least every six (6) months.

19.2. Each unplanned roof fall and rib fall and coal or rock burst that occurs in the active workings shall be plotted on a mine map if it:

19.2.1. Is above the anchorage zone where roof bolts are used;

19.2.2. Impairs ventilation;

19.2.3. Impedes passage of persons;

19.2.4. Causes miners to be withdrawn from the area affected; or

19.2.5. Disrupts regular mining activities for more than one (1) hour.

19.3. The mine map of which roof falls are plotted shall be available at the mine site for inspection by authorized representatives of the Director and representatives of miners at the mine.

19.4. The roof control plan for each mine shall be reviewed every six (6) months by an authorized representative of the Director. This review shall take into consideration any falls of the roof, face, and ribs and the adequacy of the support systems used at the time.

W. Va. Code R. § 36-10-20 Underground Auger Mines - Special Requirements

20.1. Required support systems for mine openings exceeding twenty (20) feet. In underground auger mines, the mine openings may exceed twenty (20) feet in width, provided that:

20.1.1. The mine openings do not exceed twenty-six (26) feet; and

20.1.2. A combination full roof bolting plan/conventional roof control plan shall be developed and the roof maintained in strict compliance with Section 18 of this Series.

Series 12 Electrical Provisions for Underground Mining

W. Va. Code R. § 36-12-1 General

1.1. Scope. -- Rule governing electrical provisions for underground mining.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

W. Va. Code R. § 36-12-2 Effect of Regulations

2.1. This Series shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this Series.

W. Va. Code R. § 36-12-3 Definitions

3.1. All terms in this Series, not defined herein, shall have the meanings set forth in W. Va. Code

§22A-1-2.

3.1.1. Permanent Underground Battery Charging Station -- The term “permanent underground battery charging station” shall mean a battery charging station that has been located in one specific location for a period of time exceeding one (1) year.

3.1.2. Ground Fault Circuit Interrupting Devices -- The term “ground fault circuit interrupting devices” shall mean a device for the protection of personnel that functions to deenergize a circuit or portions thereof within an established period of time when a circuit to ground exceeds some predetermined value that is less than required to operate the over current protective device of the supply circuit.

3.1.3. Wet Location -- The term “wet location” shall mean installations underground or in concrete slabs or masonry in direct contact with the earth, and locations subject to saturation with water or other liquids, such as vehicle washing areas, and locations exposed to weather and unprotected.

3.1.4. Electrical Troubleshooting or Testing -- The term “electrical troubleshooting or testing” shall mean the process of locating an electrical problem in the electric circuits on an energized machine.

This process can include the following: taking voltage and current measurements, simulating a fault to activate a device, and observing diagnostic indicators/readouts or the operational sequence of relays and contactors.

3.1.5. Hot Stick -- The term “hot stick” shall mean an approved and insulated pole usually made of fiberglass used when performing work on high-voltage circuits to protect from electric shock.

W. Va. Code R. § 36-12-4 General Provisions

4.1. Operators of coal mines in which electricity is used as a means of power shall comply with the following provisions:

4.1.1. All surface transformers, unless of a construction which will eliminate shock hazards, or unless installed at least eight (8) feet above ground, shall be enclosed in a house or surrounded by a fence at least six (6) feet high. If the enclosure is of metal, it shall be grounded effectively. The gate or door to the enclosure shall be kept locked at all times, unless authorized persons are present.

4.1.2. Underground transformers shall be air cooled or cooled with nonflammable liquid or inert gas.

4.1.3. Underground stations containing circuit breakers filled with inflammable liquids shall be put on a separate split of air or ventilated to the return air, and shall be of fireproof construction.

4.1.4. Transformers shall be provided with adequate overload protection.

4.1.5. “Danger -- High Voltage” signs with the voltage indicated shall be posted conspicuously on all transformer enclosures, high-potential switchboards and other high-potential installations.

4.1.6. Dry insulating platforms of rubber or other suitable nonconductive material shall be kept in place at each switchboard and at stationary machinery where shock hazards exist.

4.1.7. Capacitors used for power factor correction shall be nonflammable liquid filled. Suitable drain-off resistors or other means to protect workmen against electric shock following removal of power shall be provided.

4.1.8. All unattended underground loading points where electric driven hydraulic systems are used shall utilize a fireproof oil or emulsion.

4.1.9. Before electrical changes are made to permissible equipment for use in a mine, they shall be approved by the Director of the Office of Miners’ Health, Safety and Training.

4.1.10. Reverse current protection shall be provided at storage battery charging stations to prevent the storage batteries from energizing the power circuits in the event of a power failure.

4.1.11. In all mines all junction or distribution boxes used for making multiple power connection inby the last open crosscut shall be permissible.

4.1.12. All hand-held electric drills, blower and exhaust fans, electric pumps, and such other low horsepower electric face equipment which are taken into or used inby the last open crosscut of any coal mine shall be permissible.

4.1.13. All electric face equipment which is taken into or used inby the last open crosscut of any coal mine is permissible.

4.1.14. In mines operated in coal seams which are located at elevations above the water table, the phrase “coal seams above the water table” means coal seams in a mine which are located at the elevation above a river or the tributary of a river into which a local surface water system naturally drains.

4.1.15. The operator of each coal mine shall maintain in permissible condition all electric face equipment, which is taken into or used inby the last open crosscut of any mine.

4.1.16. Except where permissible power connection units are used, all power-connection points outby the last open crosscut shall be in intake air.

4.1.17. All power circuits and electric equipment shall be deenergized and locked or suitably tagged where locking out is not possible before work is done on such circuits and equipment, except when necessary for trouble shooting or testing. When performing electrical troubleshooting or testing an energized electrical circuit, gloves rated for the maximum voltage of the circuit shall be worn when handling electrical testing equipment or once the plane of the electrical enclosure is broken.

4.1.17.a. No electrical troubleshooting or testing shall be performed on low-, medium-, or high-voltage distribution circuits or equipment except by a qualified person or by a person trained to perform electrical work and to maintain electrical equipment under the immediate supervision of a qualified person.

4.1.17.b. Before electrical troubleshooting or testing a low- or medium-voltage circuit contained in a compartment with a high-voltage circuit, the high-voltage circuit must be deenergized, disconnected, grounded, locked out and tagged.

4.1.17.c. While electrical troubleshooting or testing is being done on equipment with energized circuits exposed, other repairs or maintenance shall not be performed on the equipment with the exposed circuit.

4.1.17.d. All test instruments and their accessories shall be rated and designed for the environment to which they will be exposed and for the manner in which they will be utilized.

4.1.17.e. Insulated gloves and other insulated personal protective equipment must:

4.1.17.e.1. Have a voltage rating that meets or exceeds ASTM F496-97 “Standard Specification for In-Service Care of Insulating Gloves and Sleeves” (1997).

4.1.17.e.2. Be examined before each use for visible signs of damage.

4.1.17.e.3. Leather protectors must always be worn with insulated rubber gloves.

4.1.17.e.4. Be removed from service or destroyed when damaged or defective.

4.1.17.e.5. Class 0 gloves used at 1000 volts or less must be electrically tested every six (6) months when in use and every year when not in use and properly stored. A record of these gloves must be kept in a book prescribed by the Director and made available for authorized representatives of the Office of Miners’ Health, Safety and Training upon request.

4.1.17.e.6. Gloves used in conjunction with a hot stick and with high-voltage fault finders must be electrically tested six (6) months after initial use and every year when properly stored and not in use. A record of these gloves must be kept in a book prescribed by the Director and made available for authorized representatives of the Office of Miners’ Health, Safety and Training upon request. Requirements for gloves and personal protective equipment used to handle energized cables on longwalls are specified in Title 36-47-7 and on high-voltage continuous miner trailing cables are specified in Title 36-48-14.

4.1.17.e.7. Hot sticks are required to be electrically tested every twelve (12) months. A record of the tests must be kept in a book prescribed by the Director and made available for authorized representatives of the Office of Miner’s Health, Safety and Training upon request.

4.1.17.e.8. Be provided by the employer.

4.1.18. Energized trolley wires may be repaired only by a person trained to perform electrical work and to maintain electrical equipment and the operator of a mine shall require that such persons wear approved and tested insulated shoes and wireman’s gloves.

4.1.19. No electrical work shall be performed on low-, medium-, or high-voltage distribution circuits or equipment, except by a qualified person or by a person trained to perform electrical work and to maintain electrical equipment under the direct supervision of a qualified person. Disconnecting devices shall be locked out and suitably tagged by each person who performs such work, except that in cases where locking out is not possible, such devices shall be opened and suitably tagged by each person. Locks or tags shall only be removed by the persons who installed them, or, if such persons are unavailable, by qualified persons authorized by the operator or his/her agent.

4.1.20. All electric equipment shall be examined weekly, tested, and properly maintained by a qualified person to assure safe operating conditions. When a potentially dangerous condition is found on electric equipment, such equipment shall be removed from service until such conditions are corrected. A record of such examinations shall be kept and made available to an authorized representative of the Director of the Office of Miners’ Health, Safety and Training and to the miners in such mine.

4.1.21. All electric conductors shall be sufficient in size and have adequate current-carrying capacity and be of such construction that a rise in temperature resulting from normal operation will not damage the insulating material.

4.1.22. All electrical connection or splices in conductors shall be mechanically and electrically efficient, and suitable connectors shall be used. All electrical connections or splices in insulated wire shall be reinsulated at least to the same degree of protection as the remainder of the wire.

4.1.23. Cables shall enter metal frames of motors, splice boxes, and electric compartment only through proper fittings. When insulated wire, other than cables pass through metal frames, the holes shall be substantially bushed with insulated bushings.

4.1.24. All power wire (except trailing cables on mobile equipment, specially designed cables conducting high-voltage power to underground rectifying equipment or transformers, or bare insulated ground and return wires) shall be supported on well-installed insulators and shall not contact combustible material, roof or ribs.

4.1.25. Power wires and cables, including but not limited to phone communications and control wires, except trolley wires, trolley feeder wires and bare signal wires, shall be insulated adequately and fully protected.

4.1.26. Automatic circuit-breaking devices or fuses of the correct type and capacity shall be installed so as to protect all electric equipment and circuits against short circuit and overloads. Threephase motors on all electric equipment shall be provided with overload protection that will deenergize all three phases in the event that any phase is overloaded.

4.1.27. Incandescent lamps installed along haulageways and at other locations shall not contact combustible material, and if powered from trolley or direct current feeder circuits, need not be provided with separate short circuits or overload protection, if the lamp is not more than eight (8) feet in distance from such circuits.

4.1.28. In all main power circuits, disconnecting switches shall be installed underground within five hundred (500) feet of the bottoms of shafts and boreholes through which main power circuits enter the underground area of the mine and within five hundred (500) feet of all other places where main power circuits enter the underground area of the mine.

4.1.29. All electric equipment shall be provided with switches or other controls that are safely designed, constructed and installed.

4.1.30. Each ungrounded exposed power conductor that leads underground shall be equipped with suitable lightning arresters of approved type within one hundred (100) feet of the point where the circuit enters the mine. Lightning arresters shall be connected to a low-resistance grounding medium on the surface which shall be separated from neutral grounds by a distance of not less than twenty-five (25) feet.

4.1.31. Except for areas of a coal mine inby the last open crosscut, incandescent lamps may be used to illuminate underground areas. When incandescent lamps are used in a track entry or belt entry or near track entries to illuminate special areas other than structures, the lamps shall be installed in weatherproof sockets located in positions such that the lamps will not come in contact with any combustible material. Lamps used in all other places must be of substantial construction and be fitted with a glass enclosure.

4.1.32. An authorized representative may require in any mine that electric face equipment be provided with devices that will permit the equipment to be deenergized quickly in the event of an emergency.

4.1.33. An authorized representative of the Director shall require manually operated emergency stop switches, designed to deenergize the traction motor circuit when the contractors or controller fail to open, to be installed on all battery powered tractors, taken into or used inby the last open crosscut of any entry or room.

4.1.34. Trailing cables used in coal mines shall meet the requirements for flame-resistant cables.

4.1.35. Short circuit protection for trailing cables shall be provided by an automatic circuit breaker or other no less effective device approved by the Director of the Office of Miners’ Health, Safety and Training of adequate current-interrupting capacity in each ungrounded conductor. Disconnecting devices used to disconnect power from trailing cables shall be plainly marked and identified and such devices shall be equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected.

4.1.36. When two (2) or more trailing cables junction to the same distribution center, means shall be provided to assure against connecting a trailing cable to the wrong size circuit breaker.

4.1.37. One (1) temporary splice may be made in any trailing cable. Such trailing cable may only be used for the next twenty-four (24) hour period. No temporary splice shall be made in a trailing cable within twenty-five (25) feet of the machine, except cable reel equipment. Temporary splices in trailing cables shall be made in a workmanlike manner and shall be mechanically strong and well insulated.

Trailing cables or hand cables which have exposed wires or which have splices that heat or spark under load shall not be used. As used in this section, the term “splice” means a mechanical joining of one (1) or more conductors that have been severed.

4.1.38. When (permanent) splices in trailing cables are made, they shall be:

4.1.38.a. Mechanically strong with adequate electrical conductivity and flexibility,

4.1.38.b. Effectively insulated and sealed so as exclude moisture, and

4.1.38.c. Vulcanized or otherwise treated with suitable materials to provide flame-resistant qualities and good bonding to the outer jacket.

4.1.39. Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections. No cables will be hung in manner which will damage the insulation or conductors.

4.1.40. Trailing cables shall be adequately protected to prevent damage by mobile equipment.

4.1.41. Trailing cable and power cable connections to junction boxes and to electrical equipment shall not be made or broken under load.

4.1.42. All metallic sheaths, armors and conduits enclosing power conductors shall be electrically continuous throughout and shall be grounded by methods approved by an authorized representative of the Director of the Office of Miners’ Health, Safety and Training. Where grounding wires are used to ground metallic shields, armors, conduits, frames, casings, and other metallic enclosures, such grounding wires will be approved if:

4.1.42.a. Where the conductor used is #6 AWG or larger, the cross sectional area of the grounding wire is at least one-half (1/2) the cross sectional area of the power conductor.

4.1.42.b. Where the power conductor used is less than #6 AWG, the cross sectional area of the grounding wire is equal to the cross sectional area of the power conductor.

4.1.43. Except where waived by the Director, metallic frames, casings and other enclosures of electric equipment that can become alive through failure of insulation or by contact with energized parts shall be grounded, and on or before the first day of January, 1978, shall have a ground monitoring system.

4.1.44. In instances where single-phase 110-220 volt circuits are used to feed electrical equipment, the only method of grounding that will be approved is the connection of all metallic frames, casing and other enclosures of such equipment to a separate grounding conductor which establishes a continuous connection to a grounded center tap of the transformer. In the case of 120 volt single winding transformers used to feed electrical equipment, the only method of grounding that will be approved is the connection of all metallic frames, casings and other enclosures of such equipment to a separate grounding conductor which establishes a continuous connection to a grounded center tap or a grounded leg of the transformer.

4.1.45. All 120 volt AC 15-20 amp circuits used to power portable hand tools shall be protected with ground fault circuit interrupting devices.

4.1.46. The attachment of grounding wires to a mine track or other grounded power conductor will be approved if separate clamps, suitable for such purpose, are used and installed to provide a solid connection.

4.1.47. The frames of all offtrack direct-current machines and the enclosures of related detached components shall be effectively grounded or otherwise maintained at no less safe voltages.

4.1.48. Installation of silicon diodes shall be restricted to electric equipment receiving power from a direct current system with one polarity grounded. Where such diodes are used on circuits having a nominal voltage rating of two hundred fifty (250), they must have a forward current rating of four hundred (400) amperes or more, and have a peak inverse voltage rating of four hundred (400) or more.

Where such diodes are used on circuits having nominal voltage rating of five hundred fifty (550), they must have a forward current rating of two hundred fifty (250) amperes or more, and have a peak inverse voltage rating of eight hundred (800) or more.

4.1.49. In addition to the grounded diode, a polarizing diode must be installed in the machine control circuit to prevent operation of the machine when the polarity of a trailing cable is reversed.

4.1.50. When installed on permissible equipment, all grounding diodes, over-current devices, and polarizing diodes must be placed in explosion-proof compartments.

4.1.51. High-voltage lines, both on the surface and underground, shall be deenergized and grounded before work is performed on them, except that repairs may be permitted, in the case of energized surface high-voltage lines, if such repairs are made by a qualified person in accordance with procedures and safeguards, including, but not limited to, a requirement that the operator of such mine provide, test and maintain protective devices in making such repairs.

4.1.52. When two (2) or more persons are working on an energized high-voltage surface line simultaneously, and any one of them is within reach of another, such persons shall not be allowed to work on different phases on equipment with different potentials.

4.1.53. All persons performing work on energized high-voltage surface lines shall wear protective rubber gloves, sleeves, and climber guards if climbers are worn. Protective rubber gloves shall not be worn wrong side out or without protective leather gloves. Protective devices worn by a person assigned to preform repairs on high-voltage surface lines shall be worn continuously from the time he leaves the ground until he returns to the ground, and, if such devices are employed for extended periods, such persons shall visually inspect the equipment assigned him for defects before each use, and, in no case, less than twice each day.

4.1.54. Disconnecting or cutout switches on energized high-voltage surface lines shall be operated only with insulated sticks, fuse tongs or pullers which are adequately insulated and maintained to protect the operator from the voltage to which he is exposed. When such switches are operated from the ground, the person operating such devices shall wear protective rubber gloves.

4.1.55. Solely for purposes of grounding ungrounded high-voltage power systems, grounded messenger wires used to suspend the cables of such systems may be used as a grounding medium.

4.1.56. When not in use, power circuits ungrounded shall be deenergized on idle days and idle shifts, except that rectifiers and transformers may remain energized.

4.1.57. High-voltage circuits entering the underground area of any coal mine shall be protected by suitable circuit breakers of adequate interrupting capacity. Such breakers shall be equipped with devices to provide protection against undervoltage, grounded phase, short circuit and overcurrent.

4.1.57.a. Testing, examination, and maintenance of high-voltage circuit breakers; procedures.

4.1.57.a.1. Circuit breakers and their auxiliary devices protecting underground highvoltage circuits shall be tested and examined at least once each month by a qualified person.

4.1.57.a.2. Tests shall include:

4.1.57.a.2.A. Breaking continuity of the ground check conductor where ground check monitoring is used; and

4.1.57.a.2.B. Actuating at least two (2) of the auxiliary protective relays.

4.1.57.a.2.C. Examination shall include visual observation of all components of the circuit breaker and its auxiliary devices, and such repairs or adjustments as are indicated by such tests and examinations shall be carried out immediately.

4.1.57.b. Testing, examination, and maintenance of high-voltage circuit breakers; records.

4.1.57.b.1. Recordkeeping. The operator shall make a record of each test, examination, repair, or adjustment of all circuit breakers protecting high-voltage circuits which enter any underground area of the mine.

4.1.57.b.2. Such record shall be kept in a book prescribed by the Director and made available for authorized representatives of the Office of Miner’s Health, Safety and Training.

4.1.58. Circuit breakers protecting high-voltage circuits entering an underground area of any coal mine shall be located on the surface and in no case installed either underground or within a drift.

4.1.59. One (1) circuit breaker may be used to protect two (2) or more branch circuits, if the circuit breaker is adjusted to afford overcurrent protection for the smallest conductor.

4.1.60. The grounding resistor, where required, shall be of the proper ohmic value to limit the voltage drop in the grounding circuit external to the resistor to not more than one hundred (100) volts under fault condition. The grounding resistor shall be rated for maximum fault current continuously and insulated from ground for a voltage equal to the phase-to-phase voltage of the system.

4.1.61. High-voltage circuits extending underground and supplying portable mobile or stationary high-voltage equipment shall contain either a direct or derived neutral which shall be grounded through a suitable resistor at the source transformers, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for the frames of all high-voltage equipment supplied power from the circuit, except that the Director or his authorized representative may permit ungrounded high-voltage circuits to be extended underground to feed stationary electrical equipment if such circuits are either steel armored or installed in grounded, rigid steel conduit throughout their entire length, and upon his finding that such exception does not pose a hazard to the miners. Within one hundred (100) feet of the point on the surface where high-voltage circuits enter the underground portion of the mine, disconnecting devices shall be installed and so equipped or designed in such manner that it can be determined by visual observation that the power is disconnected, except that the Director or his authorized representative may permit such devices to be installed at a greater distance from such area of the mine if he determines, based on existing physical conditions, that such installation will be more accessible at a greater distance and will not pose any hazard to the miners.

4.1.62. High-voltage resistance grounded systems serving portable or mobile equipment shall include a fail-safe ground check circuit to monitor continuously the grounding circuit to assure continuity, and the fail-safe ground check circuit breaker to open when either the ground or pilot check wire is broken, or other no less effective device approved by the Director or his authorized representative to assure such continuity.

4.1.63. Underground high-voltage cables used in resistance grounded systems shall be equipped with metallic shields around each power conductor with one (1) or more ground conductors having a total cross-sectional area of not less than one half the power conductor, and with an insulated internal or external conductor not smaller than No. 10 (A.W.G.) for the ground continuity check circuit.

4.1.64. All such cables shall be adequate for the intended current and voltage. Splices made in such cables shall provide continuity of all components.

4.1.65. Single-phase loads, such as transformer primaries, shall be connected phase-to-phase when utilized on resistance grounded or ungrounded power systems.

4.1.66. All underground high-voltage transmission cables shall be installed only in regularly inspected air courses and haulageways, and shall be covered, buried, or placed so as to afford protection against damage, guarded where men regularly work or pass under them unless they are six and one-half feet or more above the floor or rail, securely anchored, properly insulated, guarded at ends, and covered, insulated, or placed to prevent contact with trolley wires and other low-voltage circuits.

4.1.67. Disconnecting devices shall be installed at the beginning of branch lines in underground high-voltage circuits and equipped or designed in such a manner that it can be determined by visual observation that the circuit is deenergized when the switches are open.

4.1.68. Circuit breakers and disconnecting switches underground shall be marked for identification.

4.1.69. In case of high-voltage cables used as trailing cables, temporary splices shall not be used and all permanent splices shall be made in accordance with the manufacturer’s specifications. 4.1.70.Frames, supporting structures and enclosures of stationary, portable or mobile underground high-voltage equipment supplying power to such equipment receiving power from resistance grounded systems shall be effectively grounded to the high-voltage ground.

4.1.71. Low- and medium-voltage power circuits serving three-phase alternating current equipment serving portable or mobile equipment shall be protected by suitable circuit breakers of adequate interrupting capacity which are properly tested and maintained as prescribed by the Director.

Such breakers shall be equipped with devices to provide protection against under-voltage, grounded phase, short circuit and overcurrent.

4.1.71.a. Testing, examination, and maintenance of low- and medium-voltage circuit breakers; procedures.

4.1.71.a.1. Circuit breakers protecting low- and medium-voltage alternating current circuits service three-phase alternating current equipment and their auxiliary devices shall be tested and examined at least once each month by a qualified person.

4.1.71.a.2. In performing such tests, actuating all of the circuit breaker auxiliaries or control circuits in any manner which causes the circuit breaker to open shall be considered a proper test.

4.1.71.a.3. All components of the circuit breaker and its auxiliary devices shall be visually examined and such repairs or adjustments as are indicated by such tests and examinations shall be carried out immediately.

4.1.71.b. Testing, examination, and maintenance of low- and medium-voltage circuit breakers; records.

4.1.71.b.1. Recordkeeping. The operator of any coal mine shall make a written record of each test, examination, repair, or adjustment of all circuit breakers protecting low- and mediumvoltage circuits service three-phase alternating current equipment used in the mine.

4.1.71.b.2. Such record shall be kept in a book prescribed by the Director and made available for authorized representatives of the Office of Miners’ Health, Safety and Training upon request.

4.1.72. Power centers and portable transformers shall be deenergized before they are moved from one location to another, except that, when equipment powered by sources other than such centers or transformers is not available, the Director may permit such centers and transformers to be moved while energized if he determines that another equivalent or greater hazard may otherwise be created, and if they are moved under the supervision of a qualified person, and if such centers and transformers are examined prior to such movement by such person and found to be grounded by methods approved by an authorized representative of the Director and otherwise protected from hazards to the miner. A record shall be kept of such examinations. High-voltage cables, other than trailing cables, shall not be moved or handled at any time while energized except that when such centers and transformers are moved while energized as permitted under this section, energized high-voltage cables attached to such centers and transformers may be moved only be qualified person and the operator of such mine shall require that such person wear approved and tested insulated wireman’s gloves.

4.1.73. Low-and medium-voltage three-phase alternating-current circuits used underground shall contain either a direct or derived neutral which shall be grounded through a suitable resistor at the power center, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for the frames of all electrical equipment supplied power from the circuit, except that the Director or his authorized representative may permit underground low-and medium-voltage circuits to be used underground to feed such stationary electrical equipment if such circuits are either steel armored or installed in grounded rigid steel conduit throughout their entire length. The grounding resistor, where required, shall be of the proper ohmic value to limit the ground fault current to twenty-five (25) amperes. The grounding resistor shall be rated for maximum fault current continuously and insulated from ground for a voltage equal to the phase-to-phase voltage of the system.

4.1.74. Low-and medium-voltage resistance grounded systems serving portable or mobile equipment shall include a fail-safe ground check circuit to monitor continuously the grounding circuit to assure continuity which ground check circuit shall cause the circuit breaker to open when either the ground or pilot check wire is broken, or other not less effective device approved by the Director or his authorized representative to assure such continuity, except that an extension of time, not in excess of twelve months, may be permitted by the Director on a mine-to-mine basis if he determines that such equipment is not available. Cable couplers shall be constructed so that the ground continuity conductor shall be broken first and the ground conductors shall be broken last when the coupler is being uncoupled.

4.1.75. Disconnecting devices shall be installed in conjunction with circuit breakers serving portable or mobile equipment to provide visual evidence that the power is connected.

4.1.76. Circuit breakers shall be marked for identification.

4.1.77. Single-phase loads shall be connected phase-to-phase when utilized on resistance grounded or ungrounded power systems.

4.1.78. Trailing cables for medium-voltage circuits shall include grounding conductors, a ground check conductor, and grounded metallic shields around each power conductor or a ground metallic shield over the assembly, except that on equipment employing cable reels, cables without shields may be used if the insulation is rated two thousand (2000) volts or more.

4.1.79. Trolley wires and trolley feeder wires shall be provided with cutout switches at intervals of not more than two thousand (2000) feet and near the beginning of all branches.

4.1.80. Trolley wire and trolley feeder wires shall be provided with overcurrent protection.

4.1.81. Trolley wires and trolley feeder wires, high-voltage cables, and transformers shall not be located within fifteen (15) feet of the last open crosscut and shall be kept at least one hundred and fifty (150) feet from pillar workings.

4.1.82. Trolley wires and trolley feeder wires, and bare signal wires shall be insulated adequately where they pass through doors and stoppings and where they cross over power wires and cables. Trolley wires and trolley feeder wires shall be guarded adequately:

4.1.82.a. At all points where men are required to work or pass regularly under the wires.

4.1.82.b. On both sides of all doors and stoppings.

4.1.82.c. At man-trip stations.

4.1.83. Temporary guards shall be provided where trackmen and other persons work in proximity to trolley wires and trolley feeder wires.

4.1.84. Adequate precaution shall be taken to ensure that equipment being moved along haulageways will not come in contact with trolley wires or trolley feeder wires.

4.1.85. Trolley and feeder wires shall be installed as follows: Where installed on permanent haulage, they shall be:

4.1.85.a. At least six (6) inches outside the track gauge line.

4.1.85.b. Kept taut and not permitted to touch the roof, rib or crossbars. Particular care shall be taken where they pass through door openings to preclude bare wires from coming in contact with combustible material.

4.1.85.c. Installations of trolley wire hangers shall be provided within three (3) feet of each splice in a trolley wire.

Series 13 Regulatory Review Procedures

W. Va. Code R. § 36-13-1 General

1.1. Scope. -- Rule governing regulatory review procedures.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

W. Va. Code R. § 36-13-2 Effect of Regulations

2.1. This Series shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq., relative to enforcement are applicable to the enforcement of this Series.

W. Va. Code R. § 36-13-3 Definitions

3.1. All terms used in this Series, not defined herein, shall have the meanings set forth in W. Va.

Code §22A-1-2.

W. Va. Code R. § 36-13-4 Regulatory Review Procedures

4.1. The Director of the Office of Miners’ Health, Safety and Training shall provide each operator and the mine foreman at each mine site with a copy of newly promulgated regulations and changes to regulations, as soon as practicable but no later than fourteen (14) days after the date on which the regulations become effective. The Director shall also provide each operator and the mine foreman at each mine site with a copy of all relevant State court decisions, and interpretations of regulations by the Director, as soon as practicable but no later than thirty (30) days after the date such material is issued.

The Director will identify those persons with whom the material is to be reviewed at the mine site.

Series 14 Rule Governing Electrical Equipment in Mines; Required Examinations

W. Va. Code R. § 36-14-1 General

1.1. Scope. -- Rule governing electrical equipment in mines; required examinations.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- February 25, 2021.

1.4. Effective Date. -- March 27, 2021.

W. Va. Code R. § 36-14-2 Effect of Rule

2.1. This rule shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

W. Va. Code R. § 36-14-3 Definitions

3.1. All terms in this rule, not defined herein, shall have the meanings set forth in W. Va. Code §22A- 1-2.

3.2. Cutting and welding shall refer to any procedure where compressed gas cylinders or electrical arc welding is used to cut, weld or heat metal objects.

W. Va. Code R. § 36-14-4 Electric Equipment in Mines

4.1. All examinations, as required in the Sections below, shall be made at a point at least twelve (12) inches from the roof, face, ribs and floor in accordance with W. Va. Code §22A-2-43(b).

4.2. In all mines, electric haulage locomotives operated from trolley wire and all other nonpermissible electrical equipment or devices which may ignite gas shall not be used in return air, unless permission is granted by Director of the Office of Miners’ Health, Safety and Training for a specified area.

Permissible electrical equipment may be used in return airways: Provided, that:

4.2.1. The mine operator gives notice to the inspector-at-large or the district mine inspector in the division in which the mine is located, when such work is performed in return airways at any point exceeding four hundred (400) feet outby the last open crosscut;

4.2.2. The work area is preshift examined in accordance with W. Va. Code §22A-2-20;

4.2.3. The mine foreman or assistant mine foreman examines the working area in the return airway in which miners will be working at the beginning of each shift before any equipment is energized;

36CSR14

4.2.4. The working area is examined at least every two (2) hours during a working shift for hazards, by a certified mine foreman or assistant mine foreman;

4.2.5. Methane gas examinations are made at frequent intervals as work progresses, but not to exceed twenty (20) minutes;

4.2.6. The electrical equipment is examined at least once each shift for permissible deficiencies,

4.2.7. No temporary splices are in the trailing cables of the equipment being used; and

4.2.8. The work area is provided with two portable fire extinguishers.

4.3. For the purpose of this Section, return air shall mean a volume of air that has passed through and ventilated all the working places in a mine section.

4.4. 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 examination.

4.5. In any mine, no machine shall be brought inby the last breakthrough next to the working face until the machine operator shall have made an inspection for gas in the place where the machine is to work. If explosive gas in excess of one (1%) percent is found in the place, the machine shall not be taken in until the danger is removed.

4.6. In working places, a suitable approved apparatus for the detection of explosive gas, shall be provided for use with each mining machine when working, and should any indication of explosive gas in excess of one percent (1%) appear on the apparatus used for the detection of explosive gas, the person in charge shall immediately stop the machine, cut off the current at the nearest switch and report the condition to the mine foreman or supervisor. The machine shall not again be started in such place until the condition found has been corrected and been pronounced safe by a certified person.

4.7. No electric equipment shall be operated in a mine for a longer period than twenty (20) minutes without an examination as above described being made for gas; and if gas is found in excess of one (1%) percent, the current shall at once be switched off the machine, and the trailing cable shall forthwith be disconnected from the power supply until the place is pronounced safe by a certified person.

4.8. Machine runners and helpers shall use care while operating mining machines. No person except those persons necessary shall remain near the machine while it is in operation. 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.

W. Va. Code R. § 36-14-5 Cutting and Welding in Mines

5.1. When cutting and welding has been performed in any area of an underground coal mine, that area shall be examined for any hot spots immediately after the work is completed. A second examination for hot spots shall be conducted within two (2) hours, but no sooner than thirty (30) minutes after the first examination has been completed. The second examination shall be performed by a qualified person and recorded in a book provided for that purpose by a certified person.

Series 15 Rules and Regulations Governing Ventilation by Use of Mechanically Operated Fans and Intentional Changes in the Ventilation System

W. Va. Code R. § 36-15-1 General

1.1. Scope. -- Rules and regulations governing ventilation by use of mechanically operated fans.

1.2. Authority. -- W. Va. Code § 22A-6-4.

1.3. Filing Date. -- April 29, 2026

1.4. Effective Date. -- June 1, 2026

W. Va. Code R. § 36-15-2 Effect of Rule

2.1. This Series shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code § 22A-1-1 et seq., relative to enforcement are applicable to the enforcement of this Series.

W. Va. Code R. § 36-15-3 Definitions

3.1. Competent person -- The term “Competent person” shall mean a person who has been adequately trained by an authorized representative of the Office of Miners’ Health, Safety and Training as prescribed by the Board of Coal Mine Health and Safety and who possesses documentation of such training to perform daily fan inspections.

3.2. All terms used in these rules and regulations, not defined herein, shall have the meanings set forth in W. Va. Code § 22A-1-2.

3.3. MSHA Base Ventilation Plan – The term “MSHA Base Ventilation Plan” shall mean the ventilation plan required by the Mine Safety and Health Administration under 30 C.F.R. §75.370.

W. Va. Code R. § 36-15-4 Fans

4.1. The ventilation of mines, the systems for which extend for more than two hundred (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. The fan or fans shall be kept in continuous operation, unless written permission to do otherwise be granted by the Director of the Office of Miners’ Health, Safety and Training. 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 his 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 fifteen (15) minutes, the face regions and other places in the affected areas where gas (methane) is likely to accumulate, shall be re-examined by a certified person; and if found free of explosive gas, power may be restored and work resumed. If ventilation is not restored in fifteen (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 for at least fifteen (15) minutes and the mine examined by certified persons, mine examiners or other persons holding a certificate to make preshift examination.

4.2. All main fans installed after the effective date of this article shall be located on the surface in fireproof housings offset not less than fifteen (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, or a competent person 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.

4.2.1. The daily inspection requirement shall not be in effect when the mine is idle and no one is underground. If the mine resumes production or any type of work underground resumes, the daily inspection requirement shall once again be in effect.

4.2.2. On days such as weekends, holiday periods, vacation periods, or on any day when no one enters the mine, including certified electricians or trained competent person, the main ventilation fan is not required to be examined.

4.2.3. During times after the mine has been idle and nobody has been underground, and persons are scheduled to work that day a certified electrician or a trained competent person shall check the fan chart for any fan outages during the idle period.

4.2.4. If there has been a fan outage during the time that no persons were underground, the fan must be operated in accordance with the approved MSHA Base Ventilation Plan prior to any certified mine foreman entering the mine to perform examinations.

4.2.5. If the main fan has had no outages during the time no persons were underground then a mine fan examination must be conducted by a certified electrician or trained competent person before any miners enter the mine.

4.2.6. If the main fan should become inoperative at any time, the approved MSHA Base Ventilation Plan must be complied with before any certified mine foreman enters the mine for pre-shift examinations.

4.3. 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.

4.4. 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.

4.5. 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.

4.6. If the air passing through the auxiliary fan or tubing contains gas in excess of one percent, the current shall at once be switched off and the trailing cable shall forthwith be disconnected from the power supply until the place is pronounced safe.

4.7. 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.

4.8. 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 air current changed without the approval of the general mine foreman, or in his absence one other certified mine foreman-fire boss employed at such mine, and designated by the mine foreman, who is completely familiar with the ventilating controls of the mine, and, if neither is 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.

W. Va. Code R. § 36-15-5 Intentional Changes In the Ventilation System

5.1. The Director shall be notified prior to the implementation of, and a person designated by the operator shall supervise any intentional change in ventilation that

5.1.1. Alters the main air current or any split of the main air current in a manner that could materially affect the safety or health of persons in the mine; or

5.1.2. Affects section ventilation by 9,000 cubic feet per minute of air or more in bituminous mines.

5.2. Intentional changes as described in this section shall be made only under the following conditions:

5.2.1. Electric power shall be removed from areas affected by the ventilation change and mechanized equipment in those areas shall be shut off before the ventilation change begins.

5.2.2. Only persons making the change in ventilation shall be in the mine.

5.2.3. Electric power shall not be restored to areas affected by the ventilation change and mechanized equipment shall not be restarted until a certified person has examined these areas for methane accumulation and for oxygen deficiency and has determined that the areas are safe.

5.3. If at anytime changes are made in corresponding federal regulations that pertain to intentional changes in the ventilation system, the Board of Coal Mine Health and Safety will review those changes to determine if appropriate modifications are needed.

Series 16 The Blocking of Equipment Prior to Performing Work on Such Equipment

W. Va. Code R. § 36-16-1 General

1.1. Scope. -- Rules and regulations governing the blocking of equipment prior to performing work on such equipment.

1.2. Authority. -- W. Va. Code §22A-6-4.

1.3. Filing Date. -- December 13, 2019.

1.4. Effective Date. -- March 12, 2020.

W. Va. Code R. § 36-16-2 Effect Of Regulations

2.1. This Series shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq., relative to enforcement are applicable to the enforcement of this Series.

W. Va. Code R. § 36-16-3 Definitions

All terms used in these rules and regulations, not defined herein, shall have the meanings set forth in W. Va. Code §22A-1-2.

W. Va. Code R. § 36-16-4 Performing Work From A Raised Position: Safeguards

4.1. Men shall not work on or from a piece of mobile equipment in a raised position until it has been blocked in place securely. This does not preclude the use of equipment specifically designed as elevated mobile work platforms.

4.2. No work shall be performed under machinery or equipment that has been raised until such machinery or equipment has been securely blocked against movement.

W. Va. Code R. § 36-16-5 Load Locking Valves

5.1. All continuous-mining machines and loading machines shall be equipped with load- locking valves in the boom and head lift cylinders.

Series 17 Unused and Abandoned Parts of Mine

W. Va. Code R. § 36-17-1 General

1.1. Scope. -- Rules and regulations governing unused and abandoned parts of mine.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-2-5.

1.3. Filing Date. -- December 13, 2019.

1.4. Effective Date. -- March 12, 2020.

W. Va. Code R. § 36-17-2 Effect of Regulations

2.1. This Series shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq., relative to enforcement are applicable to the enforcement of this Series.

W. Va. Code R. § 36-17-3 Definitions

All terms used in this Series, not defined herein, shall have the meanings set forth in W. Va. Code §22A-1-2.

W. Va. Code R. § 36-17-4 Unused And Abandoned Parts Of Mine

4.1. In any mine, all workings which are abandoned after the first day of July, one thousand nine hundred seventy-one, shall be sealed or ventilated.

4.1.1. If the workings are sealed, the sealing shall be done with incombustible material in a manner prescribed by the Director of the Office of Miners’ Health, Safety and Training and one or more of the seals of every sealed area shall be fitted with a pipe and cap or valve to permit the sampling of gases and measuring of hydrostatic pressure behind the seals. For the purpose of this section, working within a panel shall not be considered to be abandoned until such panel is abandoned.

4.1.2. Air that has passed through an abandoned area or area which is inaccessible or unsafe for inspection shall not be used to ventilate any working place in any working mine, unless permission is granted by the Director with unanimous agreement of the technical and mine safety review committee. Air that has been used to ventilate seals shall not be used to ventilate any working place in any working mine. Air which has been used to ventilate an area from which the pillars have been removed shall not be used to ventilate any working place in a mine, except that the air, if it does not contain 0.25 volume percent or more of methane, may be used to ventilate enough advancing working places immediately adjacent to the line of retreat to maintain an orderly sequence of pillar recovery on a set of entries. Before sealed areas, temporary or permanent, are reopened, the Director shall be notified.

4.1.3. No air which has been used to ventilate an area from which the pillars have been removed shall be used to ventilate any working place in a mine, except that such air, if it does not contain 0.25 volume percent or more of methane, may be used to ventilate enough advancing working places immediately adjacent to the line of retreat to maintain an orderly sequence of pillar recovery on a set of entries. Before sealed areas, temporary or permanent are reopened, the Director shall be notified.

4.2. A professional engineer registered with the Board of Registration for Professional Engineers pursuant to W. Va. Code § 30-13-1 et seq., shall certify the design of all new seals as meeting the requirements of 30 C.F.R. § 75.335 (2015). Seal installation, seal sampling and monitoring, seal construction and repair, and seal records shall comply with the requirements of 30 C.F.R. §§ 75.300 through 75.389.

Series 18 The Responsibility for Care and Maintenance of Equipment

W. Va. Code R. § 36-18-1 General

1.1. Scope. -- This rule is to govern the responsibility for care and maintenance of equipment.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

W. Va. Code R. § 36-18-2 Effect of Regulations

2.1. This Series shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect of law. All provisions of W. Va. Code §22A-1-1 et seq., relative to enforcement, are applicable to the enforcement of this rule.

2.2. Personnel carriers or trip cars used to transport miners to a working section must be maintained at the working section and must have sufficient capacity to transport all miners out of the working

section in the event of an emergency.

W. Va. Code R. § 36-18-3 Definitions

3.1. Unsafe Equipment -- The term “Unsafe Equipment” shall mean any equipment designated to be operated by a miner that has a defect which is covered by state law, or rule or regulation, and that creates a condition which involves a potential hazard that could reasonably be expected to cause a miner in the vicinity to be placed in danger of injury or death.

W. Va. Code R. § 36-18-4 Responsibility for Care and Maintenance of Equipment

4.1. Mine operators shall maintain equipment in safe operating condition. Equipment operators shall exercise reasonable care in the operation of the equipment entrusted to them and shall promptly report defects known to them, provided, if equipment has been taken out of service, by being properly tagged out, the operator shall not be issued a violation under the provision of this section; provided however, such tag placed on such equipment shall indicate the date and time such equipment was removed from service. The person removing the equipment from service and tagging such equipment shall place his signature upon the tag.

W. Va. Code R. § 36-18-5 Maintenance of Personnel Carriers

5.1. On working sections where personnel carriers are used to transport miners underground, the personnel carrier or combination of personnel carriers shall be of sufficient capacity to accommodate the number of persons reasonably likely to be on the section and shall be available to transport persons 36CSR18 to a safe area in the event of an emergency.

Series 19 Rule Governing Written Reports of Accidents

W. Va. Code R. § 36-19-1 General

1.1. Scope. -- Rule governing written reports of accidents.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. – May 30, 2024.

1.4. Effective Date. – July 1, 2024.

W. Va. Code R. § 36-19-2 Effect of Regulations

2.1. This rule shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

W. Va. Code R. § 36-19-3 Definitions

3.1. All terms used in this rule, not defined herein, shall have the meanings set forth in W. Va. Code §22A-1-2.

3.2. Accident -- The term “accident” means:

3.2.1. A death of an individual at a mine;

3.2.2. An injury to an individual at a mine which has a reasonable potential to cause death;

3.2.3. An entrapment of an individual;

3.2.4. An unplanned inundation of a mine by a liquid or gas;

3.2.5. An unplanned ignition or explosion of gas or dust;

3.2.6. An unplanned ignition or explosion of a blasting agent or an explosive;

3.2.7. An unplanned fire in or about a mine not extinguished within five (5) minutes of ignition;

3.2.8. An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage;

3.2.9. A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one (1) hour;

3.2.10. An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area; or, failure of an impoundment, refuse pile, or culm bank;

3.2.11. Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than thirty (30) minutes;

3.2.12. An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs.

3.3. Personal Injury -- An event at a mine which causes bodily injury to an individual which requires such individual to be admitted to a medical facility over twenty-four (24) hours for reasons other than strains, sprains or observation as determined by a physician.

3.4. Occupational Injury -- The term “occupational injury” means any injury to a miner which occurs at a mine for which medical treatment is administered, or which results in death or loss of consciousness, inability to perform all duties on any day after an injury, temporary assignment to other duties, or transfer to another job.

W. Va. Code R. § 36-19-4 Notification of Accidents and Occupational Injuries

4.1. Whenever any accident, as defined in Section 3.2. of this Series, or injury, as defined in Section 3.3. and Section 3.4. of this Series, occurs in or about any coal mine to any employee or person connected with the mining operation, the operator, agent, mine superintendent or mine foreman shall, within ten (10) working days, report the same in writing to the Director of the Office of Miners’ Health, Safety and Training and, upon request, to the miner representative within twenty-four (24) hours of submittal, giving full details thereof on forms provided by the Office of Miners’ Health, Safety and Training. If the operator is not made immediately aware of the injury, the written accident/injury report shall be submitted within ten (10) working days of the date the operator was notified.

4.2. If an injury as defined in Section 3.3 of this Series occurs, but the injury does not meet the accident criteria set forth in W. Va. Code §22A-2-66, to notify within 15 minutes, the Mine and Industrial Accident Emergency Operations Center, the operator shall contact the district inspector or the regional inspector at large from the regional Office of Miners’ Health, Safety and Training for the area where the mine is located.

4.3. If an accident or injury as defined in Section 3.2, 3.3, and/or 3.4 occurs at any open-pit mine or facility that mines underground limestone and sandstone as described in W. Va. Code §22A-4-2, the operator of said mines or facilities shall contact the district inspector or the regional inspector at large from the regional Office of Miners’ Health, Safety and Training for the area where the mine is located.

W. Va. Code R. § 36-19-5 Difference Between Medical Treatment and First Aid

5.1. Medical treatment includes, but is not limited to, the suturing of any wound, treatment of fractures, application of a cast or other professional means of immobilizing an injured part of the body, treatment of infection arising out of an injury, treatment of bruise by the drainage of blood, surgical removal of dead or damaged skin (debridement), amputation or permanent loss of use of any part of the body, treatment of second (2nd) and third (3rd) degree burns. Procedures which are diagnostic in nature are not considered by themselves to constitute medical treatments. Visits to a physician, physical examinations, X-ray examinations, and hospitalization for observations, where no evidence of injury is found and no medical treatment given, do not in themselves constitute medical treatment. Procedures which are preventative in nature also are not considered by themselves to constitute medical treatment. Tetanus and flu shots are considered preventative in nature.

5.2. First aid includes any one-time treatment, and follow-up visit for the purpose of observation, of minor injuries such as cuts, scratches, first (1st) degree burns and splinters. Ointments, salves, antiseptics, and dressings to minor injuries are considered to be first aid.

5.3. The guidelines contained in 30 CFR §50.20-3 and any subsequent amendments to such regulation shall be used by the Office of Miners’ Health, Safety and Training to differentiate between medical treatment and first aid for specific types of injuries.

W. Va. Code R. § 36-19-6 Investigation of Accidents

6.1. After notification of an accident, the Office of Miners’ Health, Safety and Training inspector at large will promptly decide whether to conduct an accident investigation and will promptly inform the operator of his/her decision. If the Office of Miners’ Health, Safety and Training decides to investigate an accident, it will initiate the investigation within twenty-four (24) hours of notification. The investigating inspector shall make a report to the Director of the Office of Miners’ Health, Safety and Training, setting forth the results of such examination, including the condition of the mine and the cause or causes of such accident, if known. All such reports shall be made available to interested parties upon written request.

6.2. The mine inspector may investigate an occupational injury as defined in Section 3.4. of this Series. However, the operator shall investigate each occupational injury that requires hospitalization within ten (10) days of occurrence.

W. Va. Code R. § 36-19-7 Preservation of Evidence Following Accident

7.1. Unless granted permission by the Office of Miners’ Health, Safety and Training, no operator may alter an accident site or an accident related area until completion of all investigations pertaining to the accident except to the extent necessary to rescue or recover an individual, prevent or eliminate an imminent danger, or prevent destruction of mining equipment.

Series 20 Rule Governing Independent Contractors

W. Va. Code R. § 36-20-1 General

1.1. Scope. -- This rule sets forth the requirements for Independent Contractors in the State of West Virginia.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

W. Va. Code R. § 36-20-2 Effect of Regulations

2.1. This rule shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect of law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

2.2. This Series includes “independent contractor” within the definition of “operator” under W. Va.

Code §22A-1-2(a)(8), and establishes a procedure to allow the Director of the Office of Miners' Health, Safety and Training to enforce State mine law, and rules and regulations issued thereunder, against independent contractors.

W. Va. Code R. § 36-20-3 Definitions

3.1. All terms used in this rule, not defined herein, shall have the meanings set forth in W. Va. Code

22A-1-2.

3.2. The term “operator” shall mean any firm, corporation, partnership, or individual operating any coal mine or part thereof, or engaged in the construction of any facility associated with a coal mine, and shall include any independent contractor at a coal mine.

3.3. The term “independent contractor” shall mean any firm, corporation, partnership or individual that contracts to perform services or construction at a coal mine, excluding mine vendors, office equipment suppliers, service or delivery personnel.

3.4. The term “production operator” means any owner, lessee, or other person who operates, controls, or supervises a coal mine.

3.5. The term “Director” shall mean the Director of the Office of Miners' Health, Safety and Training.

W. Va. Code R. § 36-20-4 Independent Contractor Register

4.1. Ninety (90) days following the effective date, all independent contractors as defined in 36CSR20 Subsection 3.3. of this Series shall register with the Office of Miners’ Health, Safety and Training and receive a contractor identification number before performing services or construction work at coal mines in this state.

4.2. To register, all independent contractors shall provide the Office of Miners’ Health, Safety and Training the following information on forms provided by the Office of Miners’ Health, Safety and Training:

4.2.1. The independent contractor’s trade name, business address, and business telephone;

4.2.2. A general description of the nature of the work to be performed by the independent contractor; and

4.2.3. The independent contractor’s address of record for service of citations or other documents involving the independent contractor.

4.3. If any of the above information changes, the independent contractor shall advise the Office of Miners’ Health, Safety and Training of such change within thirty (30) days.

4.4. Upon receipt of the above information the Office of Miners’ Health, Safety and Training shall issue a contractor certificate of approval. Prompt issuance of the contractor certificate of approval shall not be unreasonably withheld.

4.5. Prior to performing work at the mine, each independent contractor shall provide the production-operator the information contained in Section 4.2., along with a valid contractor certificate of approval.

4.6. Prior to performing construction work as defined by 36 CSR 23-3.8 at each mine, the independent contractor shall notify the regional office of the Office of Miners’ Health, Safety and Training for the region in which such mine is located, and provide the following information:

4.6.1. The name and address of the operator for whom the services or construction are being performed;

4.6.2. The type of work the independent contractor will be performing;

4.6.3. The location of the work site;

4.6.4. The scheduled starting date the independent contractor will begin the work; and

4.6.5. The approximate length of time to complete the project.

4.7. In the event contractors are needed to perform emergency work, the Office of Miners’ Health Safety and Training will be notified by the operator when practical, but notification shall be made within twenty-four (24) hours.

4.8. Each production-operator shall maintain in writing at the mine the information required by Sections 4.3. and 8.1. for each independent contractor at the mine. The production-operator shall provide, upon request, the above information to an authorized representative of the Director and representative of miners or interested parties.

36CSR20

W. Va. Code R. § 36-20-5 Service of Documents; Independent Contractors

5.1. Service of notices, orders and other documents upon independent contractors shall be completed upon delivery to the independent contractor at the work site or by mailing to the independent contractor’s address of record. Service of documents on independent contractors by mail shall be considered legally sufficient if the documents are sent by certified mail to the last known address of record on file with the Office of Miners’ Health, Safety and Training.

5.2. A copy of all notices, orders, and other required documents shall be posted on a conspicuous bulletin board at the work site.

W. Va. Code R. § 36-20-6 Enforcement of Citations and Orders

6.1. These regulations shall not be construed to limit the basic compliance responsibilities of production-operators. Overall compliance responsibility of production-operators under Chapter 22A of the Code shall include assuring compliance with the Code provisions and regulations which apply to the work being performed by independent contractors at the mine.

6.2. It is the general enforcement policy of the Office of Miners’ Health, Safety and Training that the independent contractor will be held responsible for violations committed by the independent contractor or its employees where the production-operator has complied with Section 4 of these regulations.

6.3. Enforcement action against production-operators for violations which involve independent contractors may be taken by the Office of Miners’ Health, Safety and Training where the productionoperator has contributed to the existence of a violation, or the production-operator’s miners are exposed to the hazard, or the production-operator has control over the existence of the hazard.

6.4. A production-operator may be properly cited for a violation of W. Va. Code §22A-1-1 et seq. involving an independent contractor where:

6.4.1. The production operator has contributed by either an act or an omission to the occurrence of violation in the course of an independent contractor’s work, or

6.4.2. The production-operator has contributed by either an act or omission to the continued existence of a violation committed by an independent contractor, or

6.4.3. The production-operator’s miners are exposed to the hazard, or

6.4.4. The production-operator has control over the condition that needs abatement.

6.5. In addition to the provisions of Section 6.4 of this rule, the production-operator may also be required to assure continued compliance with West Virginia Code and regulations applicable to an independent contractor at the mine until the contractor is fully able to assume compliance responsibility.

6.6. Whenever a mine inspector finds a violation or imminent danger in an area where an independent contractor is operating, such inspector shall make a determination whether to issue the appropriate notice of violation or order to either the production-operator or the independent contractor, or both, based upon the criteria set out in Sections 6.2., 6.3. and 6.4. of this Series.

W. Va. Code R. § 36-20-7 Hazard Training

36CSR20

7.1. Prior to the commencement of any job by an independent contractor, the production-operator shall provide the contractor with documentation of known hazard(s) in the contractor’s work area on mine property. Upon receipt of such documentation from said operator, each independent contractor shall provide training of such hazards to all persons who will enter the contractor’s work area.

Series 22 Rule Governing The Prohibition of Acts Endangering Security of Mine; Search for Intoxicants, Matches, Etc.

W. Va. Code R. § 36-22-1 General

1.1. Scope. -- Rule governing no act permitted endangering security of mine and search for intoxicants, matches, etc.

1.2. Authority. -- W. Va. Code §22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

W. Va. Code R. § 36-22-2 Effect and Purpose of Rule

2.1. This rule shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §§22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

2.2. The purpose of this section is to prevent persons from acting in such a manner as to endanger persons working in or at a mine and to establish guidelines to prevent hazardous articles and intoxicants from being carried into and utilized by persons working in or at a mine.

W. Va. Code R. § 36-22-3 Definitions

3.1. All terms used in this rule, not defined herein, shall have the meanings set forth in W. Va. Code §§22A-1-2 et seq.

W. Va. Code R. § 36-22-4 No Act Permitted Endangering Security of Mine; Search for Intoxicants, Matches, Etc

4.1. No miner, workman or other person shall knowingly damage any shaft, lamp, instrument, or machinery. No person shall alter or obstruct any air course or ventilating devices unless instructed by a certified person, or enter any part of a mine against caution, or disobey any order of any mine foreman or assistant mine foreman given in carrying out any of the provisions of this section.

4.2. Open lights, smoking, and smokers’ articles, including matches, are prohibited in all mines. No person shall at any time enter mines with or carry therein any matches, pipes, cigars, cigarettes, or any device for making lights or fire not authorized or approved. The operator shall at frequent intervals search or cause to be searched any person, including his/her clothing and material belongings, entering or about to enter the mine, or inside the mine, to prevent such person from taking or carrying therein any of the above-mentioned articles or intoxicants.

4.3. Any search of a person for purposes of enforcement of this Section may be required of persons entering a mine or work area of a mine. If any person refuses to submit to a search, that person shall 36CSR22 not be permitted to enter the mine or work area of a mine until such time as a personal search is conducted. Searches of persons may be conducted in a mine or work area of a mine. If any person refuses to submit to a search, that person shall be required to leave such mine or work area of a mine until such time as a personal search in conducted.

4.4. No person shall at any time carry into any mine or work area of any mine any intoxicant or enter any mine or work area of any mine while under the influence of intoxicants. For the purpose of enforcement of this Section the word “intoxicant” shall mean alcoholic liquor as defined in W. Va. Code 60-1-5, or a controlled substance as defined in W. Va. Code 60A-1-101(e) not specifically prescribed by a physician who is fully aware of and has taken into account the job duties the person is expected to perform.

4.5. For purposes of enforcement of Section 4.4. of this rule, an operator shall refuse entry into a mine or remove from the mine any person whom the operator has a reasonable cause to believe is under the influence of intoxicants. The operator shall immediately notify a miner's representative employed on such shift that such action has been taken. The names and telephone numbers of the miner's representatives shall be provided to the mine operator and posted on the mine bulletin board.

Reasonable cause shall be determined by the existence of one or more of the following conditions:

4.5.1. Odor of alcohol or other intoxicant about the individual or on his/her breath;

4.5.2. Abnormally slurred speech, stammering, stumbling, weaving, or other loss of motor coordination;

4.5.3. Unexplained animated signs of intoxication or influence of drugs on the individual;

4.5.4. Other discernable signs of intoxication or influence of drugs on the individual.

4.6. Any miner who has been denied entry or removed from the mine pursuant to Section 4.5. of this rule shall be afforded the opportunity to receive a timely and appropriate medical examination to be provided by the operator. The operator shall afford the miner the opportunity for transportation to the medical facility where the examination will be performed. Such medical examination may include administration by a physician of tests prescribed and approved by the Department of Health of the State of West Virginia for the determination of a base of a controlled substance or alcohol pursuant to Chapter 17C, Article 5 of West Virginia Code. For determining whether an individual is under the influence, the provisions of 56 CSR 19 apply.

4.7. The designated miner's representative shall be provided the opportunity to participate with the operator or his/her authorized representative during the administration of the appropriate medical examination; however, the medical examination shall not be delayed by the absence of the miner representative. The representative shall be compensated by the operator until such time that the representative leaves the mine site.

Series 23 Rules And Regulations Governing Surface Construction Operations Within The Coal Mining Industry Within The State Of WV

W. Va. Code R. § 36-23-1 General

1.1. Scope. -- Rules and regulations governing surface construction operations within coal mining industry within the State of West Virginia.

1.2. Authority. -- W. Va. Code '22-4-6.

1.3. Filing Date. -- January 9, 1995.

1.4. Effective Date. -- July 1, 1995.

W. Va. Code R. § 36-23-2 Effect of Regulations

2.1. These rules and regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of Article 1A, Chapter 22A of the Code relative to enforcement are applicable to the enforcement of these rules and regulations.

W. Va. Code R. § 36-23-3 Definitions

Unless the context in which used clearly requires a different meaning, the following definitions shall apply to these rules and regulations.

3.1. Accident. -- The term "Accident" shall mean any explosion, ignition, fire, or inundation, or injury to, or death of any person at the surface construction project.

3.2. Agent. -- The term "Agent" means any person charged with the responsibility for the operation of all or a part of a surface construction project or the supervision of the employees at the surface construction project.

3.3. "ANSI" -- Means the American National Standards Institute.

3.4. Approved. -- The term "Approved" shall mean in strict compliance with the mining law, or in the absence of law, accepted by a recognized standardizing body or organization whose approval is generally recognized as authoritative on the subject.

3.5. Authorized person. -- Means a person assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the job site.

3.6. Board of Appeals. -- The term "Board of Appeals" shall mean as provided for in W. Va. Code '22-5-1.

3.7. Competent person. -- Means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

3.8. Construction work. -- Means the building, rebuilding, alteration, or demolition of any facility or addition to existing facility at a surface mine or surface area of an underground mine, including painting, decoration or restoration associated with such work, and the excavation of land connected therewith, but excluding shaft and slope sinking and work performed on the surface incidental to shaft or slope sinking.

3.9. Defect. -- Means any characteristic or condition which tends to weaken or reduce the strength of a tool, object, or structure of which it is a part.

3.10. Department -- The term "Department" shall mean the Office of Miners' Health, Safety and Training provided for in W. Va. Code '2A-1A-3.

3.11. Designated person. -- Means "Authorized Person" as defined in paragraph 3.5 of this section.

3.12. Director of Office of Miners' Health, Safety and Training -- The term "Director of Office of Miners' Health, Safety and Training" shall mean the director of Office of Miners' Health, Safety and Training provided for in W. Va. Code '22A-1A-3.

3.13. Employee. -- Means a person employed by the employer at a surface construction project.

3.14. Employer. -- Means an operator which employs employees at a surface construction project.

3.15. Foreman. -- The term "Foreman" shall mean a person whom the employer or superintendent shall place in charge of employees at a construction project.

3.16. Hazardous substance. -- Means a substance which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury.

3.17. Imminent danger. -- The term "Imminent Danger" means the existence of any condition or practice at a surface construction project which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated.

3.18. Mine. -- The term "Mine" includes the shafts, slopes, drifts or inclines connected with, or intended in the future to be connected with, excavations penetrating coal seams or strata, which excavations are ventilated by one general air current or divisions thereof, and connected by one general system of mine haulage over which coal may be delivered to one (1) or more points outside the mine, and the surface structures or equipment connected or associated therewith which contribute directly or indirectly to the mining, preparation or handling of coal, or construction thereof.

3.19. Mine Inspector. -- The term "Mine Inspector" shall mean a state mine inspector provided for in Section 7 of Chapter 22A, Article 1A, of the Code.

3.20. Mine inspectors' examining board. -- The term "Mine Inspectors' Examining Board" shall mean the mine inspectors' examining board provided for in Section 1 of Chapter 22, Article 11, of the Code.

3.21. Operator. -- The term "Operator" shall mean any firm, corporation, partnership or individual operating any coal mine or part thereof, or engaged in the construction of any facility associated with a coal mine.

3.22. Production Operator. -- Shall mean any owner, lessee, or other person who operates, controls, or supervises a coal mine.

3.23. Qualified. -- Means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work or the project.

3.24. SAE. -- Means Society of Automative Engineers.

3.25. Safety factor. -- Means the ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use.

3.26. Shall. -- Means mandatory.

3.27. Should. -- Means recommended.

3.28. Suitable. -- Means that which fits and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstances.

3.29. Superintendent. -- The term "Superintendent" shall mean the person in charge of a surface construction project.

3.30. Supervisor. -- The term "Supervisor" shall mean a superintendent, foreman, assistant foreman, or any person specifically designated by the employer to supervise work or employees and who is acting pursuant to such specific designation and instructions.

3.31. Surface construction worker. -- The term "Surface Construction Worker" means "Employee" as defined in paragraph 3.13. of this section.

3.32. Surface construction project. -- The term "Surface Construction Project" shall mean any construction work being performed on the surface of any underground coal mine or surface coal mine by an employer, but shall not include any work performed on the surface incidental to shaft or slope sinking.

W. Va. Code R. § 36-23-4 General Accident Prevention

4.1. The employer shall initiate programs which provide for frequent and regular inspections of surface construction project sites, materials, and equipment, by competent persons designated by the employer.

4.2. The use of any machine, tool, material or equipment which is not in compliance with any applicable requirement of this part is prohibited. Such machine, tool, material, or equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation.

4.3. The employer shall permit only qualified employees to operate equipment and machinery.

W. Va. Code R. § 36-23-5 Housekeeping

5.1. During the course of construction, alteration or repairs, form and scrap lumber with protruding nails, and all other debris shall be kept cleared from work areas, passageways, and stairs, in and around buildings or other structures.

5.2. Combustible scrap and debris shall be removed at regular intervals during the course of construction. Safe means shall be provided to facilitate such removal.

5.3. Containers shall be provided for the collection and separation of waste, trash, oily and used rags, and other refuse. Containers used for garbage and other oily, flammable, or hazardous wastes, such as caustics or acids, shall be equipped with covers. Garbage and other wastes shall be disposed of at frequent and regular intervals.

W. Va. Code R. § 36-23-6 Pressure Vessels

6.1. Current and valid certification by an insurance company or regulatory authority shall be deemed as acceptable evidence of safe installation, inspection, and testing of pressure vessels provided by the employer.

W. Va. Code R. § 36-23-7 Employment of Certified Supervisor

The employer shall designate at least one (1) certified construction supervisor for each surface construction project at each specific mine where the employer employs ten (10) or more employees or at least one (1) competent person is designated for each surface construction project to perform the duties required of the certified construction foreman at each site employing less than ten (10) persons.

W. Va. Code R. § 36-23-8 Construction Supervisor Certification

8.1. Construction supervisor certification shall be issued to an applicant upon verification that the applicant has three (3) or more years experience in surface construction work. Information relating to work experience shall be sworn to by the applicant and verified by the employer, or employers, for which the work was performed.

8.2. All supervisors who are or have been employed as such on construction work on or prior to the effective date of these regulations shall be granted certification upon request of the employer, or employers, for which the work was performed.

8.3. Any person holding construction supervisor certification issued by any other state may act in the capacity of a certified supervisor at any surface construction project in this State for a period not to exceed ninety (90) days.

W. Va. Code R. § 36-23-9 Duties of Certified Supervisor or Competent Person

9.1. The supervisor or competent person shall examine within the first four (4) hours of a working shift, the working places of a construction project for unsafe working conditions, and make sure appropriate action is taken to either correct, or prevent exposure of employees to, unsafe conditions.

9.2. The results of such examination shall be recorded in a prescribed book approved by the Director. The supervisor or competent person shall make sure that reasonable action is taken to abate the violation of any rule or regulation which comes to his attention, provided nothing herein shall prevent an employer from contesting an alleged violation. The production operator will receive written documentation of the results of the examination required in 9.1 within 24 hours of the end of each shift. The documentation will show when the examination was made, conditions found and action taken. All records as prescribed herein shall be open for inspection by interested persons and maintained for at least one year.

9.3. The supervisor or competent person shall make sure that all notices required by a rule or regulation are properly posted, and that a copy of the rules and regulations promulgated by the Coal Mine Health and Safety Board are available at the project.

9.4. The supervisor or competent person shall make sure that new employees are warned about hazards inherent to the type of work they will perform, and instructed in safety procedures.

9.5. The supervisor or competent person shall make sure that procedures are followed that assure all first aid supplies and equipment are adequately maintained.

9.6. The supervisor or competent person shall make sure that procedures are implemented to keep unauthorized persons off the surface construction project site.

9.7. The employer may designate one (1) or more certified supervisors to perform any of the duties specified in this Section.

9.8. At each construction operation there shall be a bulletin board at some conspicuous place on the construction site, in such a manner that notices, orders, and decisions required by Chapter 22A of the West Virginia Code or Regulation to be posted on the bulletin board may be posed thereon, be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal.

W. Va. Code R. § 36-23-10 First Aid Requirements

10.1. First aid and medical attention. First aid services and provisions for medical care shall be made available by the employer for every employee covered by these regulations.

10.2. Medical services and first aid.

(a) The employer shall insure the availability of medical personnel for advice and consultation on matters of occupational health.

(b) Provisions shall be made prior to commencement of the project for prompt medical attention in case of serious injury.

(c) Each surface construction operator shall maintain at each work site a fully equipped first aid station.

The first aid equipment required to be maintained shall include at least the following:

(1) One (1) 36 unit first aid kit (2) One (1) broken-backboard (3) One(1) stretcher or stretcher basked (4) Two (2) cloth blankets (d) All first aid supplies required to be maintained under this section shall be stored in suitable sanitary, dust-tight, moisture-proof containers and such supplies shall be accessible to the construction workers.

(e) No first-aid material shall be removed or diverted without authorization, except in case of accident in or about the mine.

(f) Proper equipment for prompt transportation of the injured person to a physician or hospital, or a communication system for contacting necessary ambulance service, shall be provided, at all times.

(g) The telephone numbers of physicians, hospitals, or ambulances shall be conspicuously posted.

10.3. First aid training of surface construction employees. Each surface construction operator shall provide every new employee within six (6) months of the date of his employment with the opportunity for first-aid training as prescribed by the director unless such employee has previously received such training. Each employee shall be required to take refresher first-aid training of not less than five (5) hours within each twenty-four (24) months of employment. The employee shall be paid regular wages, or overtime pay if applicable, for all periods of first-aid training.

10.4. Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.

10.5.

(a) Emergency communications requirements. Each operator of a construction project shall maintain a communication system for use in an emergency.

The emergency communication system required to be maintained in these regulations may be established by telephone or radio transmission or by any other means of prompt approved communications to any facility which has available the means of communications with the person or persons providing emergency medical assistance or transportation.

(b) Arrangements for emergency medical assistance and transportation for injured persons; posting requirements. While employees are on duty each operator of a construction project shall have made arrangements with a licensed physician, medical service, medical clinic or hospital to provide medical assistance for any person injured at any construction project.

While employees are on duty each operator shall have made arrangements with an ambulance service, or otherwise provided for emergency transportation for any person injured at a construction project.

Each operator shall immediately after making arrangements required under the provisions of these rules and regulations, or immediately after any changes of such agreement post at appropriate places at the construction project the name, titles, and addresses, and telephone numbers of all persons or services correctly available under such arrangements to provide medical assistance and transportation at the construction project.

W. Va. Code R. § 36-23-11 Sanitation

11.1. Potable water.

(a) An adequate supply of potable water shall be provided in all place of employment.

(b) Portable containers used to dispense drinking water shall be capable of being tightly closed, and equipped with a tap. Water shall not be dipped from containers.

(c) Any container used to distribute drinking water shall be clearly marked as to the nature of its contents and not used for any other purposes.

(d) The common drinking cup is prohibited.

(e) Where single service cups (to be used but once) are supplied, both sanitary container for the unused cups and a receptacle for disposing of the used cups shall be provided.

(f) Nonpotable water.

(1) Outlets for nonpotable water, such as water for industrial or firefighting purposes only, shall be identified clearly that the water is unsafe and is not to be used for drinking, washing, or cooking purposes.

(g) There shall be no cross connection, open or potential, between a system furnishing potable water and a system furnishing nonpotable water.

(h) "Potable Water" means water which meets the quality standards prescribed in the United States Public Health Service Drinking Water Standards, or water which is approved for drinking purposes by the State or local authority having jurisdiction.

11.2. Sanitary toilet facilities.

(a) At least one (1) sanitary toilet shall be provided where ten (10) or less construction workers use each such toilet facilities.

(b) Where ten (10) or more construction workers use such toilet facilities, sufficient toilets shall be furnished to provide approximately (1) sanitary toilet for each ten (10) construction workers.

(c) Where thirty (30) or more construction workers use toilet facilities, one (1) urinal may be substituted for one (1) flush toilet; however, where such substitutions are made, they shall not reduce the number of toilets below a ratio of two (2) toilets to one (1) urinal.

(d) An adequate supply of toilet paper shall be provided with each toilet.

W. Va. Code R. § 36-23-12 Illumination

12.1. General. Construction areas, ramps, runways, corridors, offices, shops, and storage areas shall be adequately illuminated.

W. Va. Code R. § 36-23-13 Personal Protective and Life Saving Equipment

13.1. The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees.

13.2. Design. All personal protective equipment shall be of safe design and construction for the work to be performed.

13.3. Head protection. Employees working in and around surface construction operations shall be protected by protective helmets.

13.4. Safety-toed shoes shall be worn by all persons in and around a surface construction operations.

W. Va. Code R. § 36-23-14 Eye and Face Protection

14.1. General. Employees shall be provided with eye and face protection equipment when machines or operations present potential eye or face injury from physical, chemical, or radiation agents.

W. Va. Code R. § 36-23-15 Respiratory Protection

15.1.

(a) Respirators shall be provided by the employer when such equipment is necessary to protect the health of an employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employee shall use the provided respiratory protection in accordance with instruction and training received.

(b) Where practicable, the respirators should be assigned to individual workers for their exclusive use.

W. Va. Code R. § 36-23-16 Safety Belts, Lifelines, and Lanyards

16.1. Lifelines, safety belts, and lanyards shall be used only for employee safeguarding. Any lifeline, safety belt, or lanyard actually subjected to in-service loading, as distinguished from static load testing, shall be immediately removed from service and shall not be used again for employee safeguarding.

16.2. Lifelines shall be secured above the point of operation to an anchorage or structural member capable of supporting a minimum dead weight of five thousand four hundred (5,400) pounds. Separate lifelines shall be used to protect each employee.

16.3. Lifelines used on rock-scaling operations, or in areas where the lifeline may be subjected to cutting or abrasion, shall be a minimum of seven-eights (7/8) inch wire core manila rope. For all other lifeline applications, a minimum of three quarter inch (3/4") manila or equivalent, with a minimum breaking strength of five thousand four hundred (5,400) pounds, shall be used.

16.4. Safety belt lanyard shall be a minimum of one half inch (1/2") nylon, or equivalent, with a maximum length for a fall of no greater than six (6) feet. The rope shall have a nominal breaking strength of five thousand four hundred (5,400) pounds.

16.5. All safety belts and lanyard hardware shall be drop forged or pressed steel, cadmium plated in accordance with Type 1, Class B plating specified in Federal specification QQ-P-416. Surface shall be smooth and free of sharp edges.

16.6. All safety belt and lanyard hardware, except rivets, shall be capable of withstanding a tensile loading of four thousand (4,000) pounds without cracking, breaking, or taking a permanent deformation.

16.7. Safety protection to prevent an employee from falling shall be provided at all times where the potential fall distance exceeds fifteen (15) feet, and safety belts shall not be used where they are impractical or would pose a safety hazard to the employee.

W. Va. Code R. § 36-23-17 Safety Nets

17.1. Safety nets shall be provided when work places are more than twenty-five (25) feet above the ground or water surface where the use of ladders, scaffolds, catch platforms, temporary floors, safety lines, or safety belts are impractical.

17.2. Where safety net protection is required by this part, operations shall not be undertaken until the net is in place and has been tested.

17.3.

(a) Nets shall extend eight (8) feet beyond the edge of the work surface where employees are exposed and shall be installed as close under the work surface as practical but in no case more than twenty-five (25) feet below such work surface. Nets shall be hung with sufficient clearance to prevent user's contract with the surfaces or structures below. Such clearances shall be determined by impact load testing.

(b) It is intended that only one (1) level of nets be required for bridge construction.

17.4. The mesh size of nets shall not exceed six (6) inches by six (6) inches. All new nets shall meet accepted performance standards of seventeen thousand five hundred (17,500) foot-pounds minimum impact resistance as determined and certified by the manufactures, and shall bear a label of proof test. Edge ropes shall provide a minimum breaking strength of five thousand (5,000) pounds.

17.5. Forged steel safety hooks or shackels shall be used to fasten the net to its supports.

17.6. Connections between net panels shall develop the full strength of the net.

W. Va. Code R. § 36-23-18 Working Over or Near Water

18.1. Employees working over or near water, where the danger of drowning exists, shall be provided with United States Coast Guard approved life jackets or buoyant work vests.

18.2. Prior to and after each use, the buoyant work vests or life preservers shall be inspected for defects which would alter their strength or buoyancy. Defective units shall not be used.

18.3. Ring buoys with at least ninety (90) feet of line shall be provided and readily available for emergency rescue operations. Distance between ring buoys shall not exceed two hundred (200) feet.

18.4. At least one (1) lifesaving skiff shall be immediately available at locations where employees are working over or adjacent to water.

W. Va. Code R. § 36-23-19 Definitions Applicable to This Subject

19.1. "Lanyard" means a rope, suitable for supporting one (1) person. One (1) end is fastened to a safety belt or harness and the other end is secured to a substantial object or a safety line.

19.2. "Lifeline" means a rope, suitable for supporting one (1) person, to which a lanyard or safety belt (or harness) is attached.

19.3. "Safety Belt" means a device, usually worn around the waist, which, by reason of its attachment to a lanyard and lifeline or a structure, will prevent a worker from falling.

W. Va. Code R. § 36-23-20 Fire Protection

20.1. General requirements.

(a) The employer shall be responsible for the development of a fire protection program to be followed throughout all phases of the construction program and demolition work, and he shall provide the firefighting equipment to extinguish the fire hazard that may occur. As fire hazards occur, there shall be no delay in providing the necessary equipment.

(b) Access to all available firefighting equipment shall be maintained at all times.

(c) All firefighting equipment, provided by the employer, shall be conspicuously located.

(d) All firefighting equipment shall be periodically inspected and maintained in operating condition. Defective equipment shall be immediately replaced.

(e) Fire drills and demonstrations of various types of available firefighting equipment shall be held for employees at least every six (6) months.

W. Va. Code R. § 36-23-21 Portable Firefighting Equipment

21.1. Fire extinguishers and small hose lines.

(a) A fire extinguisher, rated not less than 2A, shall be provided for each three thousand (3,000) square feet of the protected building area, or major fraction thereof. Travel distance from any point of the protected area to the nearest fire extinguisher shall not exceed one hundred (100) feet.

(b) A one half (1/2) inch diameter garden-type hose line, not to exceed one hundred (100) feet in length and equipped with a nozzle, may be substituted for a 2A-rated fire extinguisher, providing it is capable of discharging a minimum of five (5) gallons per minute with a minimum hose stream range of thirty (30) feet horizontally. The garden-type hose lines shall be mounted on conventional racks or reels. The number and location of hose racks or reels shall be such that at least one (1) hose stream can be applied to all points in the area.

(c) One (1) or more fire extinguishers, rated not less than 2A, shall be provided on each floor. In multi-story buildings, at least one (1) fire extinguisher shall be located adjacent to stairway.

(d) A fire extinguisher, rated not less than 10B, shall be provided within fifty (50) feet of wherever more than five (5) gallons of flammable or combustible liquids or five (5) pounds of flammable gas are being used on the job site. This requirement does not apply to the integral fuel tanks of motor vehicles.

(e) Carbon tetrachloride and other toxic vaporizing liquid fire extinguishers are prohibited.

(f) Portable fire extinguishers shall be inspected at least every six (6) months and maintained in accordance with maintenance and use of portable fire extinguishers NFPA No. 10A-1970.

(g) Fire extinguisher which have been listed or approved by a nationally recognized testing laboratory, shall be used to meet the requirements of this subpart.

(h) Table 1 shall be used as a guide for selecting the appropriate portable fire extinguishers.

21.2. Fire hose and connections.

(a) One hundred (100) feet, or less, of one and one-half (1 1/2) inch hose, with a nozzle capable of discharging water at twenty-five (25) gallons per minute, may be substituted for a fire extinguisher rated not more than 2A in the designated area provided that the hose line can reach all points in the area.

(b) If fire hose connections are not compatible with local firefighting equipment, the contractor shall provide adapters, or equivalent, to permit connections.

(c) During demolition involving combustible materials, charged hose lines, supplied by hydrants, water tank trucks with pumps, or equivalent, shall be made available.

W. Va. Code R. § 36-23-22 Fire Prevention

22.1. Ignition hazards.

(a) Electrical wiring and equipment for light, heat, or power purposes shall be installed in compliance with the National Electric Code, NFPA 70-1971; ANSI CI-1971 (Rev. of 1968).

(b) Internal combustion engine powered equipment shall be so located that the exhausts are well away from combustible materials. When the exhausts are piped to outside the building under construction, a clearance of at least six (6) inches shall be maintained between such piping and combustible material.

(c) Smoking shall be prohibited at or in the vicinity of operations which constitute a fire hazard, and shall be conspicuously posted: "No Smoking or Open Flame".

(d) The nozzle of air, inert gas, and steam lines or hoses, when used in the cleaning or ventilation of tanks and vessels that contain hazardous concentrations of flammable gases or vapors, shall be bonded to the tank or vessel shell. Bonding devices shall not be attached or detached in hazardous concentrations of flammable gases or vapors.

22.2. Temporary buildings.

(a) No temporary building shall be erected where it will adversely affect any means of exit.

(b) Temporary buildings, when located within another building or structure, shall be of either noncombustible construction or of combustible having a fire resistance of not less than one (1) hour.

(c) Temporary buildings, located other than inside another building and not used for the storage, handling, or use of flammable or combustible liquids, flammable gases, explosives, or blasting agents, or similar hazardous occupancies, shall be located at a distance of not less than ten (10) feet from another building or structure. Groups of temporary buildings, not exceeding two thousand (2,000) square feet in aggregate, shall, for the purposes of this part, be considered a single temporary building.

22.3. Open yard storage.

(a) Combustible materials shall be piled with due regard to the stability of piles and in no case higher than twenty (20) feet.

(b) Driveways between and around combustible storage piles shall be free from accumulation of rubbish, or other articles or materials.

(c) The entire storage site shall be kept free from accumulation of unnecessary combustible materials. Weeds and grass shall be kept down and a regular procedure provided for the periodic clean-up of the entire area.

(d) When there is a danger of an underground fire, that land shall not be used for combustible or flammable storage.

(e) Method of piling shall be solid wherever possible and in orderly and regular piles. No combustible material shall be permanently stored outdoors within ten (10) feet of a building or structure.

(f) Portable fire extinguishing equipment, suitable for the fire hazard involved, shall be provided at convenient, conspicuously accessible locations, in the yard area. Portable fire extinguishers, rated not less than 2A, shall be placed so that maximum travel distance to the nearest unit shall not exceed one hundred (100) feet.

22.4. Indoor storage.

(a) Storage shall not obstruct, or adversely affect, means of exit.

(b) All materials shall be stored, handled, and piled with due regard to their fire characteristics.

(c) Aisle space shall be maintained to safely accommodate the widest vehicle that may be used within the building for firefighting purposes.

(d) Clearance shall be maintained around lights and heating units to prevent ignition of combustible materials.

(e) A clearance of twenty-four (24) inches shall be maintained around the path of travel of fire doors unless a barricade is provided, in which case no clearance is needed. Material shall not be stored within thirty-six (36) inches of a fire door opening.

(f) When burning, cutting, or welding is performed in an area that may contain methane, an examination shall be conducted prior to, during, and after such burning, cutting, or welding by a qualified person.

W. Va. Code R. § 36-23-23 Flammable and Combustible Liquids

23.1. General requirements.

(a) Only approved containers and portable tanks shall be used for storage and handling of flammable and combustible liquids. Approved metal safety cans shall be used for the handling and use of flammable liquids in quantities greater than one (1) gallon, except that this shall not apply to those flammable liquid materials which are highly viscid, (extremely hard to pour), which may be used and handled in original shipping containers. For quantities of one (1) gallon or less, only the original container or approved metal safety cans shall be used for storage, use, and handling of flammable liquids.

(b) Flammable or combustible liquids shall not be stored in areas used for exits, stairways, or normally used for the safe passage of people.

23.2. Indoor storage of flammable and combustible liquids.

(a) No more than twenty-five (25) gallons of flammable or combustible liquids shall be stored in a room outside of an approved storage cabinet.

(b) Quantities of flammable and combustible liquids in excess of twenty-five (25) gallons shall be stored in an acceptable or approved cabinet meeting the following requirements:

(1) Acceptable wooden storage cabinets shall be constructed in the following manner, or equivalent: The bottom, sides, and top shall be constructed of an exterior grade of plywood at least one (1) inch in thickness, which shall not break down or delaminate under standard fire test conditions.

All joints shall be rabbeted and shall be fastened in two (2) directions with flathead wood screws. When more than one (1) door is used, there shall be a rabbeted overlap of not less than one (1) inch. Steel hinges shall be mounted in such a manner as to not lose their holding capacity due to loosening or burning out of the screws when subjected to fire. Such cabinets shall be painted inside and out with fire retardant paint.

(2) Approved metal storage cabinets will be acceptable.

(3) Cabinets shall be labeled in conspicuous lettering, "Flammable--Keep Fire Away".

(c) Not more than sixty (60) gallons of flammable or one hundred twenty (120) gallons of combustible liquids shall be stored in any one (1) storage cabinet. Not more than three (3) such cabinets may be located in a single storage area. Quantities in excess of this shall be stored in an inside storage room.

(d)

(1) Inside storage rooms shall be constructed to meet the required fire-resistive rating for their use. Such construction shall comply with the test specifications set forth in Standard Methods of Fire Test of Building Construction and Material, NFPA 251-1969.

(2) Where an automatic extinguishing system is provided, the system shall be designed and installed in an approved manner. Openings to other rooms or buildings shall be provided with noncombustible liquidtight raised sills or ramps at least four (4) inches in height, or the floor in the storage area shall be at least four (4) inches below the surrounding floor. Openings shall be provided with approved self-closing fire doors. The room shall be liquid tight where the walls join the floor. A permissible alternate to the sill or ramp is an open-grated trench, inside of the room, which drains to a safe location. Where other portions of the building or other buildings are exposed, windows shall be protected as set forth in the Standard for Fire Door and Windows, NFPA No. 80-1970, for Class E or F openings. Wood of at least one (1) inch nominal thickness may be used for shelving, racks, dunnage, scuffboards, floor overlay, and similar installations.

(3) Materials which will react with water and create a fire hazard shall not be stored in the same room with flammable or combustible liquids.

Storage in inside storage rooms shall comply with Table 2 following:

(4) Electrical wiring and equipment located in inside storage rooms shall be approved for Class 1, Division 2, Hazardous locations for definitions of Class 1, Division 1 Hazardous locations, see 31.5.

(5) Every inside storage room shall be provided with either a gravity or a mechanical exhausting system. Such system shall commence not more than twelve (12) inches above the floor and be designed to provide for a complete change of air within the room at least six (6) times per hour. If a mechanical exhausting system is used, it shall be controlled by a switch located outside of the door. The ventilating equipment and lighting fixtures shall be operated by the same switch. An electric pilot light shall be installed adjacent to the switch if flammable liquids are dispensed within the room. Where gravity ventilation is provided, the fresh air intake, as well as the exhausting outlet from the room, shall be on the exterior of the building in which the room is located.

(6) In every inside storage room there shall be maintained one (1) clear aisle at least three (3) feet wide. Containers over thirty (30) gallons capacity shall not be stacked one (1) upon the other.

(7) Flammable and combustible liquids in excess of that permitted in inside storage rooms shall be stored outside of buildings in accordance with paragraph 23.3. of this section.

23.3. Storage outside buildings.

(a) Storage of containers (not more than sixty (60) gallons each) shall not exceed one thousand one hundred (1,100) gallons in any one (1) pile or area. Piles or groups of containers shall be separated by a five (5) foot clearance. Piles or groups of containers shall not be nearer than twenty (20) feet to a building.

(b) Within two hundred (200) feet of each pile of containers, there shall be a twelve (12) foot wide access way to permit approach of fire control apparatus.

(c) The storage area shall be graded in a manner to divert possible spills away from buildings or other exposures, or shall be surrounded by a curb or earth dike at least twelve (12) inches high. When curbs or dikes are used, provisions shall be made for draining off accumulations of ground or rain water, or spills of flammable or combustible liquids. Drains shall terminate at a safe location and shall be accessible to operation under fire conditions.

(d) Outdoor portable tank storage:

(1) Portable tanks shall not be nearer than twenty (20) feet from any building. Two (2) or more portable tanks, grouped together, having a combined capacity in excess of two thousand two hundred (2,200) gallons, shall be separated by a five (5) foot clear area. Individual portable tanks exceeding one thousand one hundred (1,100) gallons shall be separated by a five (5) foot clear area.

(2) Within two hundred (200) feet of each portable tank, there shall be a twelve (12) foot wide access way to permit approach of fire control apparatus.

(e) Storage areas shall be kept free of weeds, debris, and other combustible material not necessary to the storage.

(f) Portable tanks, not exceeding six hundred sixty (660) gallons, shall be provided with emergency venting and other devices, as required by Chapters 3 and 4 of NFPA 30-1969, the Flammable and Combustible Liquids Code.

(g) Portable tanks, in excess of six hundred sixty (660) gallons, shall have emergency ventilating and other devices as required by Chapter 2 and 3 of the Flammable and Combustible Liquids Code, NFPA Code 30-1969.

23.4. Fire control for flammable or combustible liquid storage.

(a) At least one (1) portable fire extinguisher, having a rating of not less than 20-B units, shall be located outside of, but not more than ten (10) feet from, the door opening into any room used for storage of more than sixty (60) gallons of flammable or combustible liquids.

(b) At least one (1) portable fire extinguisher having a rating of not less than 20-B units shall be located not less than twenty-five (25) feet, nor more than seventyfive (75) feet from any flammable liquid storage area located outside.

(c) At least one (1) portable fire extinguisher having a rating of not less than 20-B:C units shall be provided on all tank trucks or other vehicles used for transporting and/or dispensing flammable or combustible liquids.

23.5. Dispensing liquids.

(a) Areas in which flammable or combustible liquids are transferred at one (1) time, in quantities greater than five (5) gallons from one (1) tank or container to another tank or container, shall be separated from other operations by twenty-five (25) feet distance or by construction having a fire resistance of at least one (1) hour. Drainage or other means shall be provided to control spills. Adequate natural or mechanical ventilation shall be provided to maintain the concentration of flammable vapor at or below ten (10) percent of the lower flammable limit.

(b) Transfer of flammable liquids from one (1) container to another shall be done only when containers are electrically interconnected (bonded).

(c) Flammable or combustible liquids shall be drawn from or transferred into vessels, containers, or tanks within a building or outside only through a closed piping system, from safety cans, by means of a device drawing through the top, or from a container, or portable tanks, by gravity or pump, through an approved self-closing valve. Transferring by means of air pressure of the container or portable tanks is prohibited.

(d) The dispensing units shall be protected against collision damage.

(e) Dispensing devices and nozzles for flammable liquids shall be of an approved type.

23.6. Handling liquids at point of final use.

(a) Flammable liquids shall be kept in closed containers when not actually in use.

(b) Leakage or spillage of flammable or combustible liquids shall be disposed of promptly and safely.

(c) Flammable liquids may be used only where there are no open flames or other sources of ignition within fifty (50) feet of the operation, unless conditions warrant greater clearance.

23.7. Service and refueling areas.

(a) Flammable or combustible liquids shall be stored in approved closed containers, in tanks located underground, or in above ground portable tanks, (b) The tank trucks shall comply with the requirements covered in the standard for tank vehicles for flammable and combustible liquids NFPA, No. 385-1966.

(c) The dispensing hose shall be an approved type.

(d) The dispensing nozzle shall be an approved automatic-closing type without a latch-open device.

(e) Underground tanks shall not be abandoned.

(f) Clearly identified and easily accessible switch(es) shall be provided at a location remote from dispensing devices to shut off the power to all dispensing devices in the event of an emergency.

(g)

(1) Heating equipment of an approved type may be installed in the lubrication or service area where there is no dispensing or transferring of flammable liquids, provided the bottom of the heating unit is at least eighteen (18) inches above the floor and is protected from physical damage.

(2) Heating equipment installed in lubrication or service areas, where flammable liquids are dispensed, shall be of an approved type for garages, and shall be installed at least eight (8) feet above the floor.

(h) There shall be no smoking or open flames in the areas used for fueling, servicing fuel systems for internal combustion engines, receiving or dispensing of flammable or combustible liquids.

(i) Conspicuous and legible signs prohibiting smoking shall be posted.

(j) The motors of all equipment being fueled shall be shut off during the fueling operation.

(k) Each service or fueling area shall be provided with at least one (1) fire extinguisher having a rating of not less than 20-B:C located so that an extinguisher will be within seventy-five (75) feet of each pump, dispenser, underground fill pipe opening, and lubrication or service area.

W. Va. Code R. § 36-23-24 Temporary Heating Devices

24.1.

(a) Ventilation.

(1) Fresh air shall be supplied in sufficient quantities to maintain the health and safety of workmen. Where natural means of fresh air supply is inadequate, mechanical ventilation shall be provided.

(2) When heaters are used in confined spaces, special care shall be taken to provide sufficient ventilation in order to ensure proper combustion, maintain the health and safety of workmen, and limit temperature rise in the area.

(b) Clearance and mounting.

(1) Temporary heating devices shall be installed to provide clearance to combustible material not less than the amount shown in Table 3, may be installed in accordance with their approval.

(2) Temporary heating devices, which are listed for installation with lesser clearances than specified in Table 3, may be installed in accordance with their approval.

(3) Heaters not suitable for use on wood floors shall not be set directly upon them or other combustible materials. When such heaters are used, they shall rest on suitable heat insulating material or at least one (1) inch concrete, or equivalent. The insulating material shall extend beyond the heater two (2) feet or more in all directions.

(4) Heaters used in the vicinity of combustible tarpaulins, canvas, or similar coverings shall be located at least ten (10) feet from the coverings.

The coverings shall be securely fastened to prevent ignition or upsetting of the heater due to wind action on the covering or other material.

(c) Stability. Heaters, when in use, shall be set horizontally level, unless otherwise permitted by the manufacturer's markings.

(d) Solid fuel salamanders. Solid fuel salamanders are prohibited in buildings and on scaffolds.

(e) Oil-fired heaters.

(1) Flammable liquid-fired heaters shall be equipped with a primary safety control to stop the flow of fuel in the event of flame failure. Barometric or gravity oil feed shall not be considered a primary safety control.

(2) Heaters designed for barometric or gravity oil feed shall be used only with the integral tanks.

(3) Heaters specifically designed and approved for use with separate supply tanks may be directly connected for gravity feed, or an automatic pump, from a supply tank.

24.2. Definitions applicable to this subpart.

(a) "Approved" for the purpose of this subpart, means equipment that has been listed or approved by a nationally recognized testing laboratory such as Factory Mutual Engineering Corporation, or Underwriters Laboratories Incorporated, or federal agencies such as Bureau of Mines, or United States Coast Guard, which issues approvals for such equipment.

(b) "Closed Container" means a container so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.

(c) "Combustible Liquids" means any liquid having a flash point at or above one hundred forty degrees (140 degrees) F. (sixty (60) degrees C.), and below two hundred (200) degrees F. (ninety three point four (93.4) degrees C.).

(d) "Combustion" means any chemical process that involves oxidation sufficient to produce light or heat.

(e) "Fire Resistance" means so resistant to fire that, for specified time and under conditions of a standard heat intensity, it will not fall structurally and will not permit the side away from the fire to become hotter than a specified temperature. For purposes of this part, fire resistance shall be determined by the standard Methods of Fire Tests of Building Construction and Materials, NFPA 251-1969.

(f) "Flammable" means capable of being easily ignited, burning intensely, or having a rapid rate of flame spread.

(g) "Flammable Liquids" means any liquid having a flash point below one hundred forty (140) degrees F. and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred (100) degrees F.

(h) "Flash Point" of the liquid means the temperature at which it gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the vessel used as determined by appropriate test procedure and apparatus as specified below.

(1) The flash point of liquids having a viscosity less than forty-five (45) Saybolt Universal Second at one hundred (100) degrees F. (thirty seven point eight (37.8) degrees C.) and a flash point below one hundred seventy-five (175) degrees F. (seventy nine point four (79.4) degrees C.) shall be determined in accordance with the standard method of Test for Flash Point by the Tage Closed Tester, ASTM D-56-69.

(2) The flash point of liquids having a viscosity of forty-five Saybolt Universal Second(s) or more than one hundred seventy-five (175) degrees F. (seventy nine point four (79.4) degrees C.) or higher shall be determined in accordance with the standard method of test for Flash Point by the Pensky Martens Closed Tester, ASTM D-93-69.

(i) "Portable tank" means a closed container having a liquid capacity more than sixty (60) United States gallons, and not intended for fixed installation.

(j) "Safety Can" means an approved metal container, of not more than five (5) gallons capacity, having a flash-arresting screen, spring-closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to fire exposure.

(k) "Vapor Pressure" means the pressure, measured in pounds per square inch (absolute), exerted by a volatile liquid, as determined by the standard method of test for Vapor Pressure of Petroleum Products (Reid Method). (ASTM D-323-58.)

W. Va. Code R. § 36-23-25 Accident Prevention Signs and Tags

25.1. General. Signs and symbols required by this subpart shall be visible at all times when work is being performed, and shall be removed or covered promptly when the hazards no longer exist.

25.2. Danger signs.

(a) Danger signs (See Table 4) shall be used only where an immediate hazard exists.

(b) Danger signs shall have read as the predominating color for the upper panel; black outline on the borders; and a white lower panel for additional sign wording.

25.3. Caution signs.

(a) Caution signs (See Table 5) shall be used only to warn against potential hazards or to caution against unsafe practices.

(b) Caution signs shall have yellow as the predominating color; black upper panel and borders; yellow lettering of "CAUTION" on the black panel; and the lower yellow panel for additional sign wording. Black lettering shall be used for additional wording.

25.4. Exit signs. Exit signs, when required, shall be lettered in legible red letters, not less than six (6) inches high, on a white field and the principal stroke of the letters shall be at least three fourths (3/4) inch in width.

25.5. Safety instruction signs. Safety instruction signs, when used, shall be white with green upper panel with white letters to convey the principal message. Any additional wording on the signs shall be black letters on the white background.

25.6. Directional signs. Directional signs, other than automotive traffic signs specified in paragraph 25.7. of this section, shall be white with a black panel and a white directional symbol. Any additional wording on the sign shall be black letters on the white background.

25.7. Traffic signs.

(1) Construction areas shall be posted with legible traffic signs at points of hazard.

(2) All traffic control signs or devices used for protection of construction workmen shall conform to American National Standards Institute, D6.1-1971, Manual on Uniform Traffic Control Devices for Streets and Highways.

25.8. Accident prevention tags.

(a) Accident prevention tags shall be used as a temporary means of warning employees of an existing hazard, such as defective tools, equipment, etc. They shall not be used in place of, or as a substitute for, accident prevention signs.

(b) Specifications for accident prevention tags similar to those in Table 6 shall apply.

(c) Additional Rules American National Standards Institute (ANSI) 235.1-1968, Specifications for Accident Prevention Tags, contain rules which are additional to the rules prescribed in this section. The employer shall comply with ANSI 235.1-1968 and 235.2-1968 with respect to rules not specifically prescribed in this subpart.

(d) Machinery, equipment (including machine equipment,) tools and any other device found to be creating an imminent hazard shall be removed from service and properly tagged. Such machine, equipment, tool or other device shall not be operated and the tag shall not be removed until the defective condition is corrected.

W. Va. Code R. § 36-23-26 Signaling

26.1. Flagmen.

(a)

(1) When operations are such that signs, signals, and barricades do not provide the necessary protection on or adjacent to a highway or street, flagmen or other appropriate traffic controls shall be provided.

(2) Signaling directions by flagmen shall conform to American National Standards Institute D6.1-1971, Manual on Uniform Traffic Control Devices for Streets and Highways.

(b) Hand signaling by flagmen shall be by use of red flags at least thirteen (13) inches square or sign paddles, and in periods of darkness, red lights.

(c) Flagmen shall be provided with and shall wear a red or orange warning garment while flagging. Warning garments worn at night shall be of reflectorized material.

26.2. Barricades. Barricades for protection of employees shall conform to the portions of these regulations. Definitions applicable to this section.

(a) "Barricade" means an obstruction to deter the passage of persons or vehicles.

(b) "Signs" are the warnings of hazard, temporarily or permanently affixed or placed, at locations where hazards exist.

(c) "Tags" are temporary signs, usually attached to a piece of equipment or part of a structure, to warn of existing or immediate hazards.

W. Va. Code R. § 36-23-27 General Requirements for Storage

27.1. General.

(a) All materials stored in tiers shall be stacked, racked, blocked, interlocked or otherwise secured to prevent sliding, falling or collapse.

(b) Maximum safe load limits of floors within buildings and structures, in pounds per square foot, shall be conspicuously posted in all storage areas, except for the floor or slab on grade. Maximum safe loads shall not be exceeded.

(c) Aisles and passageways shall be kept clear to provide for the free and safe movement of material handling equipment or employees. Such areas shall be kept in good repair.

(d) When a difference in road or working levels exits, means such as ramps, blocking, or grading shall be used to ensure the safe movement of vehicles between the two (2) levels.

27.2. Material storage.

(a) Material stored inside buildings under construction shall not be placed within six (6) feet of any hoistway or inside floor openings, not within ten (10) feet of an exterior wall which does not extend above the top of the material stored.

(b) Employees required to work on stored material in silos, hoppers, tanks, and similar storage areas shall be equipped with lifelines and safety belts meeting the requirements of Sections 13 -19 of these regulations.

(c) Noncompatible materials shall be segregated in storage.

(d) Bagged materials shall be stacked by stepping back the layers and cross-keying the bags at least every ten (10) bags high.

(e) Materials shall not be stored on scaffolds or runways in excess of supplies needed for immediate operations.

(f) Brick stacks shall not be more than seven (7) feet in height. When a loose brick stack reaches a height of four (4) feet, it shall be tapered back two (2) inches in every foot of height above the four (4) foot level.

(g) When masonry blocks are stacked higher than six (6) feet, the stack shall be tapered back one-half (1/2) block per tier above the six (6) foot level.

(h) Lumber:

(1) Used lumber shall have all nails withdrawn before stacking.

(2) Lumber shall be stacked on level and solidly supported sills.

(3) Lumber shall be so stacked as to be stable and self-supporting.

(4) Lumber piles shall not exceed twenty (20) feet in height provided that lumber to be handled manually shall not be stacked more than sixteen (16) feet high.

(i) Structural steel, poles, pipe, bar stock, and other cylindrical materials, unless racked, shall be stacked and blocked so as to prevent spreading or tilting.

(j) Handling materials, general: Housekeeping. Storage areas shall be kept free from accumulation of materials that constitute hazards from tripping, fire, explosion, or pest harborage. Vegetation control will be exercised when necessary.

W. Va. Code R. § 36-23-28 Rigging Equipment for Material Handling

28.1. General.

(a) Rigging equipment for material handling shall be inspected by a competent person prior to use on each shift and as necessary during its use to ensure that it is safe. Defective rigging equipment shall be removed from service.

(b) Rigging equipment shall not be loaded in excess of its recommended safe working load, as prescribed in Tables 7 through 26 in Section 29 of these regulations.

(c) Rigging equipment, when not in use, shall be removed from the immediate work area so as not to present a hazard to employees.

(d) Special custom design grabs, hooks, clamps, or other lifting accessories, for such units as modular panels, prefabricated structures and similar materials, shall be marked to indicate the safe working loads and shall be proof-tested prior to use to one hundred twenty-five percent (125%) of their rated load.

(e) Special containers shall be used to hoist small materials such as, bolts, rivets, tools, etc. and such containers shall be capable of safely supporting intended loads, such container shall not be over-filled to allow spillage while being hoisted.

28.2. Alloy steel chains.

(a) Welded alloy steel chain slings shall have permanently affixed durable identification stating size, grade, rated capacity, and sling manufacturer.

(b) Hooks, rings, oblong links, pearshaped links, welded or mechanical coupling links, or other attachments, when used with alloy steel chains, shall have a rated capacity at least equal to that of the chain.

(c) Job or shop hooks and links, or makeshift fasteners, formed from bolts, rods, etc., or other such attachments shall not be used.

(d) Rated capacity (working load limit) for alloy steel chain slings shall conform to the values shown in Table 7.

(e) Whenever wear at any point of any chain link exceeds that shown in Table 8, the assembly shall be removed from service.

28.3. Wire rope.

(a) Tables 9 through 20 shall be used to determine the safe working loads of various sizes and classifications of improved plow steel wire rope slings with various types of terminals. For sizes, classifications, and grades not included in these tables, the safe working load recommended by the manufacturer for specific, identifiable products shall be followed, provided that a safety factor of not less than five (5) is maintained.

(b) Protruding ends of strands in splices on slings and bridles shall be covered or blunted.

(c) Wire rope shall not be secured by knots, except on haul back lines on scrapers.

(d) The following limitations shall apply to the use of wire ropes:

(1) An eye splice made in any wire rope shall have not less than three (3) full tucks. However, this requirement shall not operate to preclude the use of another form of splice or connection which can be shown to be as efficient and which is not otherwise prohibited.

(2) Except for eye splices in the ends of wires and for endless rope slings, each wire rope used in hoisting or lowering, or in pulling loads, shall consist of one (1) continuous piece without knot or splice.

(3) Eyes in wire rope bridles, slings, or bull wires shall not be formed by wire rope clips or knots.

(4) Wire rope shall not be used if, in any length of eight (8) diameters, the total number of visible broken wires exceeds ten (10) percent of the total number of wires, or if the rope shows other signs of excessible wear, corrosion, or defect.

(e) When U-bolt wire rope clips are used to form eyes, Table 26 shall be used to determine the number and packing of clips.

(1) When used for eye splices, the U-bolt shall be applied so that the "U" section is in contact with the dead end of the rope.

28.4. Natural rope, and synthetic fiber.

(a) General. When using natural or synthetic fiber rope slings, Tables 21, 22, 23 and 24 shall apply.

(b) All splices in rope slings provided by the employer shall be made in accordance with fiber rope manufacturers recommendations.

(1) In manila rope, eye splices shall contain at least three (3) full tucks, and short splices shall contain at least six (6) full tucks (three (3) on each side of the centerline of the splice).

(2) In laid synthetic fiber rope, eye splices shall contain at least four (4) full tucks, and short splices shall contain at least eight (8) full tucks (four (4) on each side of the centerline of the splice).

(3) Strand end tails shall not be trimmed short (flush with the surface of the rope) immediately adjacent to the full tucks. This precaution applies to both eye and short splices and all types of fiber rope. For fiber ropes under one (1) inch diameter, the tails shall project at least six (6) rope diameters beyond the last full tuck. For fiber ropes one (1) inch diameter and larger, the tails shall project at least six (6) inches beyond the last full tuck. In applications where the projecting tails may be objectionable, the tails shall be tapered and spliced into the body of the rope using at least two (2) additional tucks (which will require a trial length of approximately six (6) rope diameters beyond the last full tuck).

(4) Knots shall not be used in lieu of splices.

28.5. Synthetic webbing (nylon, polyester, and polypropylene).

(a) The employer shall have each synthetic web sling marked or coded to show:

(1) Name or trademark of manufacturer;

(2) Rated capacities for the type of hitch;

(3) Type of material.

(b) Rated capacity shall not be exceeded.

28.6. Shackles and hooks.

(a) Table 25 shall be used to determine the safe working loads of various sizes of shackles, except that higher safe working loads are permissible when recommended by the manufacturer for specific identifiable products, provided that a safety factor of not less than five (5) is maintained.

(b) The manufacturer's recommendations shall be followed in determining the safe working loads of the various sizes and types of specific and identifiable hooks. All hooks for which no applicable manufacturer's recommendations are available shall be tested to twice the intended safe working load before they are initially put into use. The employer shall maintain a record of the dates and results of such tests.

(c) Inspections.

(1) In addition to the inspection required of this section, a thorough periodic inspection of alloy steel chain slings in use shall be made on a regular basis, to be determined on the basis of:

(i) Frequency of sling use;

(ii) Severity of service conditions;

(iii) Nature of lifts being made; and (iv) Experience gained on the service life of slings used in similar circumstances. Such inspection shall in no event be at intervals greater than once every twelve (12) months.

(2) The employer shall make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected, and shall make such record available for examination. Chains shall not be used to rig load to be hoisted. This does not prevent the use of chain fill on chain hoists for test purposes.

(d) Safe operating practices. Whenever any sling is used, the following practices shall be observed.

(1) Slings shall not be shortened with knots or bolts or other make-shift devices.

(2) Sling legs shall not be kinked.

(3) Slings used in a basket hitch shall have the loads balanced to prevent slippage.

(4) Slings shall be padded or protected from the sharp edges of their loads.

(5) Hands or fingers shall not be placed between the sling and its load while the sling is being tightened around the load.

(6) Shock loading is prohibited.

(7) A sling shall not be pulled from under a load when the load is resting on the sling.

(e) Minimum sling lengths.

(1) Cable laid and six (6) x nineteen (19) and six (6) x thirty-seven (37) slings shall have a minimum clear length of wire rope ten (10) times the component rope diameter between splices, sleeves or end fittings.

(2) Braided slings shall have a minimum clear length of wire rope forty (40) times the component rope diameter between the loops or end fittings.

(3) Cable laid grommets, strands laid grommets and endless slings shall have a minimum circumferential length of ninety-six (96) times their body diameter.

Safe operating temperatures. Fiber core wire rope slings of all grades shall be permanently removed from service if they are exposed to temperatures in excess of two hundred degrees (200) F. When nonfiber core wire rope slings of any grade are used at temperatures above four hundred degrees (400) F. or below sixty degrees (60) F., recommendations of the sling manufacturer regarding use at that temperature shall be followed.

End attachments.

(i) Welding of end attachments, except covers to thimbles, shall be performed prior to the assembly of the sling.

(ii) All welded end attachments shall not be used unless proof tested by the manufacture or equivalent entity at twice their rated capacity prior to initial use. The employer shall retain a certificate of the proof test, and make it available for examination.

(f) Natural and synthetic fiber type slings.

(1) Safe operating temperatures. Natural and synthetic fiber rope slings, except wet frozen slings, may be used in a temperature rated from minus twenty degrees (20) to plus one hundred eighty degrees (180) F. without decreasing the working load limit. For operations providing this temperature range and for set frozen slings, the sling manufacturer's recommendations shall be followed.

(2) Splicing. Spliced fiber rope hoists shall not be used unless they have been spliced in accordance with the following minimum requirements and in accordance with any additional recommendations of the manufacturer:

(i) Fiber rope slings shall have a minimum clear length of rope between eye splices equal to ten (10) times the rope diameter.

(ii) Clamps not designed specifically for fiber ropes shall not be used for splicing.

(3) End attachments. Fiber rope slings shall not be used if end attachments in contact with rope have sharp edges or projections.

(4) Removal from service. Natural and synthetic fiber rope sling shall be immediately removed from service if any of the following conditions are present:

(i) Abnormal wear;

(ii) Powdered fiber between strands;

(iii) Broken or cut fibers;

(iv) Variations in the size or roundness of strands;

(v) Discoloration or rotting;

(vi) Distortion of hardware in the sling.

(5) Webbing. Synthetic webbing shall be of uniform thickness and width and salvage edges shall not be split from the webbing's width.

(6) Fittings. Fittings shall be:

(i) Of a minimum breaking strength equal to that of the sling; and (ii) Free of all sharp edges that could in any way damage the webbing.

(7) Attachment of end fittings to webbing and formation of eyes.

Stitching shall be the only method used to attach end fittings to webbing and to form eyes. The thread shall be in an even pattern and contain a sufficient number of stitches to develop the full breaking strength of the sling.

(8) Environmental conditions. When synthetic web slings are used, the following precautions shall be taken:

(i) Nylon web slings shall not be used where fumes, vapors, sprays, mists or liquids of acids or phenolics are present.

(ii) Polyester and polypropylene webslings shall not be used where fumes, vapors, sprays, mists or liquids of caustics are present.

(iii) Web slings with aluminum fittings shall not be used where fumes, vapors, sprays, mists or liquids of caustics are present.

(9) Safe operating temperatures. Synthetic web slings of polyester and nylon shall not be used at temperatures in excess of one hundred eighty degrees (180) F. Polypropylene web slings shall not be used in temperatures in excess of two hundred degrees (200) F.

(10) Removal from service. Synthetic web slings shall be immediately removed from service if any of the following conditions are present:

(i) Acid or caustic burns;

(ii) Melting or charring of any part of the sling surface;

(iii) Snags, punctures, tears or cuts;

(iv) Broken or worn stitches; or (v) Distortion of fittings.

(11) Scope. This section applies to slings used in conjunction with other material handling equipment for the movement of material by hoisting, in employments covered by this part. The types of slings covered are those made from alloy steel chain, wire rope, metal mesh, natural or synthetic fiber rope (conventional three (3) strand construction), and synthetic web (nylon, polyester, and polypropylene).

W. Va. Code R. § 36-23-29 Disposal of Waste Material

29.1. The area where materials are dropped more than twenty (20) feet to any point lying outside the exterior walls of the building, shall be adequately restricted.

29.2. When debris is dropped through holes in the floor without the use of chutes, the area onto which the material is dropped shall be completely enclosed with barricades not less than forty-two (42) inches high and not less than six (6) feet back from the projected edge of the opening above. Signs warning of the hazard of falling materials shall be posted at each level. Removal shall not be permitted in this lower area until debris handling ceases above.

29.3. All scrap lumber, waste material, and rubbish shall be removed from the immediate work area as the work progresses.

29.4. Disposal of waste material or debris by burning shall comply with local fire regulations.

29.5. All solvent waste, oil rags, and flammable liquids shall be kept in fire resistant covered containers until removed from work site.

W. Va. Code R. § 36-23-30 Tools-Hand and Power

30.1. General requirements.

(a) Condition of tools. All hand and power tools and similar equipment, whether furnished by the employer or by the employee, shall be maintained in a safe condition. All such tools shall be inspected prior to each use and any defective tools shall be removed from service.

(b) Guarding.

(1) When power operated tools are designed to accommodate guards, they shall be equipped with such guards when in use.

(2) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, chains, or other reciprocating or moving parts or equipment shall be guarded if such parts are exposed to contact by employees or otherwise create a hazard. Guarding shall meet the requirements as set forth in ANSI B15.1-1953 (R1958), Safety Code for Mechanical Power Transmission Apparatus.

(c) Personal protective equipment. Employees using hand and power tools and exposed to the hazard of falling, flying, abrasive, and splashing objects, or exposed to harmful dusts, fumes, mists, vapors, or gases shall be provided with the particular personal protective equipment necessary to protect them from the hazard. All personal protective equipment shall meet the requirements and be maintained according to Sections 10-19 of these regulations.

(d) Switches.

All hand-held powered platen sanders, grinders with wheels two (2) inches diameter or less, routers, planers, laminate trimmers, nibblers, shears, scroll saws, and jigsaws with blade shanks one-fourth (1/4) of an inch wide or less may be equipped with only a positive "On-Off" control.

All hand-held powered drills, tappers, fastener drivers, horizontal, vertical, and angle grinders with wheels greater than two (2) inches in diameter, disc sanders, belt sanders, reciprocating saws, saber saws, and other similar operating powered tools shall be equipped with a momentary contact "On-Off" control and may have a lock-on control provided that turn off can be accomplished by a single motion of the same finger or fingers that turn it on.

All hand-held powered tools, such as circular saws, chain saws, and percussion tools without positive accessory holding means, shall be equipped with a constant pressure switch that will shut off the power when the pressure is released.

Exception: This paragraph does not apply to concrete vibrators, concrete breakers, powered tampers, jackhammers, rock drills, and similar hand operated power tools.

30.2. General requirements for all machines.

(a) Point of operation is the area on a machine where work is actually performed upon the material being processed.

(1) The point of operation of machines whose operation exposes an employee to injury, shall be guarded. The guarding device shall be in conformity with any appropriate standards therefore, or, in the absence of applicable specific standards, shall be so designed and constructed as to prevent the operator from having any part of his body in the danger zone during the operating cycle.

(2) Special handtools for placing and removing material shall be such as to permit easy handling of material without the operator placing a hand in the danger zone. Such tools shall not be in lieu of other guarding required by this section, but can only be used to supplement protection provided.

(3) The following are some of the machines which usually require point of operation guarding:

(i) Guillotine cutters (ii) Shears (iii) Alligator shears (iv) Power presses (v) Milling machines (vi) Power saws (vii) Jointers (viii) Portable power tools (ix) Forming rolls and calendars (b) Exposure of blades. When the periphery of the blades of a fan is less than seven (7) feet above the floor or working level, the blades shall be guarded. The guard shall have openings no larger than one-half (1/2) inch.

(c) Anchoring fixed machinery. Machines designed for a fixed location shall be securely anchored to prevent walking or moving.

30.3. Handtools.

(a) Employers shall not issue or permit the use of unsafe handtools.

(b) Wrenches, including adjustable, pipe, end, and socket wrenches shall not be used when jaws are sprung to the point that slippage occurs.

(c) Impact tools, such as drift pins, wedges, and chisels, shall be kept free of mushroomed heads.

(d) The wooden handles of tools shall be kept free of splinters or cracks and shall be kept tight in the tool.

30.4. Power-operated tools.

(a) Electric power-operated tools.

(1) Electric power operated tools shall either be of the approved double-insulated type or grounded in accordance with this part.

(2) The use of electric cords for hoisting or lowering tools shall not be permitted.

(b) Pneumatic power tools.

(1) Pneumatic power tools shall be secured to the hose or whip by some positive means to prevent the tools from becoming accidentally disconnected.

(2) Safety clips or retainers shall be securely installed and maintained on pneumatic impact (percussion) tools to prevent attachments from being accidentally expelled.

(3) All pneumatically driven nailers, staplers, and other similar equipment provided with automatic fastener feed, which operate at more than one hundred (100) p.s.i. pressure at the tool shall have a safety device on the muzzle to prevent the tool from ejecting fasteners, unless the muzzle is in contact with the work surface.

(4) Compressed air shall not be used for cleaning purposes except where reduced to less than thirty (30) p.s.i. and then only with effective chip guarding and personal protective equipment which meets the requirements of this part. The thirty (30) p.s.i. requirement does not apply for concrete form, mill scale and similar cleaning purposes.

(5) The manufacturer's safe operating pressure for hoses, pipes, valves, filters, and other fittings shall not be exceeded.

(6) The use of hoses for hoisting or lowering tools shall not be permitted.

(7) All hoses exceeding one-half (1/2) inch inside diameter shall have a safety device at the source of supply or branch line to reduce pressure in case of hose failure.

(8) Airless spray guns of the type which atomize paints and fluids at high pressures (one thousand (1,000) pounds or more per square inch) shall be equipped with automatic or visible manual safety devices which will prevent pulling of the trigger to prevent release of the paint or fluid until the safety device is manually released.

(9) In lieu of the above, a diffuser nut which will prevent high pressure, high velocity release, while the nozzle tip is removed, plus a nozzle tip guard which will prevent the tip from coming into contact with the operator, or other equivalent protection, shall be provided.

(c) Fuel powered tools.

(1) All fuel powered tools shall be stopped while being refueled, serviced, or maintained, and fuel shall be transported, handled, and stored in accordance with this section.

(2) When fuel powered tools are used in enclosed spaces, the applicable requirements for concentrations of toxic gases and use of personal protective equipment shall apply.

(d) Hydraulic power tools.

(1) The fluid used in hydraulic powered tools shall be fire-resistant fluids and shall retain its operating characteristics at the most extreme temperatures to which it will be exposed.

(2) The manufacturer's safe operating pressures for hoses, valves, pipes, filters, and other fittings shall not be exceeded.

(e) Powder-actuated tools.

(1) Only employees who have been trained in the operation and the safety hazards of the particular tools in use shall be allowed to operate a powder-actuated tool.

(2) The tool shall be tested each day before loading to see that safety devices are in proper working condition. The method of testing shall be in accordance with the manufacturer's recommended procedure.

(3) Any tool found not in proper working order, or that develops a defect during use, shall be immediately removed from service and not used until properly repaired.

(4) Personal protective equipment shall be in accordance with subsections of this part.

(5) Tools shall not be loaded until just prior to the intended firing time. Neither loaded nor empty tools are to be pointed at any employees. Hands shall be kept clear of the open barrel end.

(6) Loaded tools shall not be left unattended.

(7) Fasteners shall not be driven into very hard or brittle materials including, but not limited to, cast iron, glazed title, surface-hardened steel, glass block, live rock, face brick, or hollow tile.

(8) Driving into materials easily penetrated shall be avoided unless such materials are backed by a substance that will prevent the pin or fastener from passing completely through and creating a flying missile hazard on the other side.

(9) No fastener shall be driven into a spalled area caused by an unsatisfactory fastening.

(10) Tools shall not be used in an explosive or flammable atmosphere.

(11) All tools shall be used with the correct shield, guard, or attachment recommended by the manufacturer.

(12) Powder-actuated tools used by employees shall meet all other applicable requirements of the American National Standards Institute A10.3-1970, Safety Requirements for Explosive-Actuated Fastening Tools.

30.5. Other portable tools and equipment. Abrasive blast cleaning nozzles. The blast cleaning nozzles shall be equipped with an operating valve which must be held open manually. A support shall be provided on which the nozzle may be mounted when it is not in use.

30.6. Abrasive wheels and tools.

(a) Power. All grinding machines shall be supplied with sufficient power to maintain the spindle speed at safe levels under all conditions of normal operation.

(b) Guarding. Grinding machines shall be equipped with safety guards in conformance with the requirements of ANSI B7.1-1970, Safety Code for the use, care and protection of abrasive wheels, and Sections 10, 11, and 12 of these regulations.

(c) Use of abrasive wheels.

(1) Floor stand and bench mounted abrasive wheels, used for external grinding, shall be provided with safety guards (protection bonds). The maximum angular exposure of the grinding wheel periphery and sides shall be not more than ninety (90) degrees, except that when work requires contact with the wheel below the horizontal plane of the spindle, the angular exposure shall not exceed one hundred twenty-five (125) degrees. In either case, the exposure shall begin not more than sixty-five (65) degrees above the horizontal plane of the spindle. Safety guards shall be strong enough to withstand the effect of a bursting wheel.

(2) Floor and bench-mounted grinders shall be provided with work rests which are rigidly supported and readily adjustable. Such work rests shall be kept at a distance not to exceed one-eighth (1/8) inch from the surface of the wheel.

(3) Cup type wheels used for external grinding shall be protected by either a revolving cup guard or a band type guard in accordance with the provisions of the ANSI B7.1-1970, Safety Code for the use, care, and protection of abrasive wheels. All other portable abrasive wheels used for external grinding, shall be provided with safety guards (protection hoods) meeting the requirements of subparagraph (5) of this paragraph, except as follows:

(i) When the work location makes it impossible, a wheel equipped with safety flanges, as described in subparagraph six (6) of this paragraph, shall be used;

(ii) When wheels two (2) inches or less in diameter which are securely mounted on the end of a steel mandrel are used.

(4) Portable abrasive wheels used for internal grinding shall be provided with safety flanges (protection flanges) meeting the requirements of subparagraph six (6) of this paragraph, except as follows:

(i) When wheels two (2) inches or less in diameter which are securely mounted on the end of a steel mandrel are used;

(ii) If the wheel is entirely within the work being ground while in use.

(5) When safety guards are required, they shall be so mounted as to maintain proper alignment with the wheel, and the guard and its fastenings shall be of sufficient strength to retain fragments of the wheel in case of accidental breakage. The maximum angular exposure of the grinding exposure of the grinding wheel periphery and sides shall not exceed one hundred eighty (180) degrees.

(6) When safety flanges are required, they shall be used only with wheels designed to fit the flanges. Only safety flanges, of a type and design and properly assembled so as to ensure that the pieces of the wheel will be retained in case of accidental breakage, shall be used.

(7) All abrasive wheels shall be closely inspected and ring-tested before mounting to ensure that they are free from cracks or defects.

(8) Grinding wheels shall fit freely on the spindle and shall not be forced on. The spindle nut shall be tightened only enough to hold the wheel in place.

(9) All employees using abrasive wheels shall be protected by eye protection equipment in accordance with the requirements of this part, except when adequate eye protection is afforded by eye shields which are permanently attached to the bench or floor stand.

(d) Other requirements. All abrasive wheels and tools used by employees shall meet other applicable requirements of ANSI B7.1-1970, Safety Code for the use, care and protection of abrasive wheels.

30.7. Woodworking tools.

(a) Disconnect switches. All fixed power driven woodworking tools shall be provided with a disconnect switch that can either be locked or tagged in the off position.

(b) Speeds. The operating speed shall be etched or otherwise permanently marked on all circular saws over twenty (20) inches in diameter or operating at over ten thousand (10,000) peripheral feet per minute. Any saw so marked shall not be operated at a speed other than that marked on the blade. When a marked saw is retensioned for a different speed, the marking shall be corrected to show the new speed.

(c) Self-feed. Automatic feeding devices shall be installed on machines whenever the nature of the work will permit. Feeder attachments shall have the feed rolls or other moving parts covered or guarded so as to protect the operator from hazardous points.

(d) Guarding. All portable, power-driven circular saws shall be equipped with guards above and below the base plate or shoe. The upper guard shall cover the saw to the depth of the teeth, except for the minimum arc required to permit the base to be tilted for level cuts. The lower guard shall cover the saw to the depth of the teeth, except for the minimum arc required to allow proper retraction and contact with the work. When the tool is withdrawn from the work, the lower guard shall automatically and instantly return to the covering position.

(e) Personal protective equipment. All personal protective equipment provided for use shall conform to this part.

(f) Other requirements. All woodworking tools and machinery shall meet other applicable requirements of ANSI, 01.1-1961, Safety Code for woodworking machinery.

30.8. Jacks -lever and ratchet, screw, and hydraulic.

(a) General requirements.

(1) The manufacturer's rated capacity shall be legibly marked on all jacks and shall not be exceeded.

(2) All jacks shall have a positive stop to prevent overtravel.

(b) Lift slab construction.

(1) Hydraulic jacks used in lift slab construction shall have a safety device which will cause the jacks to support the load in any position in the event of jack malfunctions.

(2) If lift slabs are automatically controlled, a device shall be installed which will stop the operation when the one-half (1/2) inch leveling tolerance is exceeded.

(c) Blocking. When it is necessary to provide a firm foundation, the base of the jack shall be blocked or cribbed. Where there is a possibility of slippage of the metal cap of the jack, a wood block shall be placed between the cap and the load.

30.9. Other portable tools and equipment.

(a) Jacks. Operation and maintenance.

(1) After the load has been raised, it shall be cribbed, blocked, or otherwise secured at once.

(2) Hydraulic jacks exposed to freezing temperatures shall be supplied with an adequate antifreeze liquid.

(3) All jacks shall be properly lubricated at regular intervals. The lubricating instructions of the manufacturer should be followed, and only lubricants recommended by him should be used.

(4) Each jack shall be thoroughly inspected at times which depend upon the service conditions. Inspections shall be not less frequent than the following:

(i) For constant or intermittent use at one (1) locality, once every six (6) months.

(ii) For jacks sent out of shop for special work, when sent out and when returned.

(iii) For a jack subjected to abnormal load or shock, immediately before and immediately thereafter.

(5) Repair or replacement parts shall be examined for possible defects.

(6) Jacks which are out of order shall be tagged accordingly, and shall not be used until repairs are made.

W. Va. Code R. § 36-23-31 Gas Welding and Cutting

31.1. Gas welding and cutting.

(a) Transporting, moving, and storing compressed gas cylinders.

(1) Valve protection caps shall be in place and secured.

(2) When cylinders are hoisted, they shall be secured on a cradle, slingboard, or pallet. They shall not be hoisted or transported by means of magnets or chocker slings.

(3) Cylinders shall be moved by tilting and rolling them on their bottom edges. They shall not be intentionally dropped, struck, or permitted to strike each other violently.

(4) When cylinders are transported by powered vehicles, they shall be secured in a vertical position.

(5) Valve protection caps shall not be used for lifting cylinders from one (1) vertical position to another. Bars shall not be used under valves or valve protection caps to pry cylinders loose when frozen. Warm, not boiling, water shall be used to thaw cylinders loose.

(6) Unless cylinders are firmly secured on a special carrier on vehicle intended for this purpose, regulators shall be removed and valve protection caps put in place before cylinders are moved.

(7) A suitable cylinder truck, chain, or other steadying device shall be used to keep cylinders from being knocked over while in use.

(8) When work is finished, when cylinders are empty, or when cylinders are moved at any time, the cylinder valve shall be closed.

(9) Compressed gas cylinders shall be secured in an upright position at all times, except if necessary, for short periods of time while cylinders are actually being hoisted or carried.

(b) Placing cylinders.

(1) Cylinders shall be kept far enough away from the actual welding or cutting operation so that sparks, hot slag, or flame will not reach them. When this is impractical, fire-resistant shields shall be provided.

(2) Cylinders shall be placed where they cannot become part of an electrical circuit. Electrodes shall not be struck against a cylinder to strike an arc.

(3) Fuel gas cylinders shall be placed with valve end up whenever they are in use. They shall not be placed in a location where they would be subject to open flame, hot metal, or other sources of artificial heat.

(4) Cylinders containing oxygen or acetylene or other fuel gas shall not be taken into confined spaces.

(c) Treatment of cylinders.

(1) Cylinders, whether full or empty, shall not be used as rollers or supports.

(2) No person other than the gas supplier shall attempt to mix gases in a cylinder. No one except the owner of the cylinder or person authorized by him, shall refill a cylinder. No one shall use a cylinder's contents for purposes other than those intended by the supplier.

(3) No damaged or defective cylinder shall be used.

(d) Use of fuel gas. The employer shall thoroughly instruct employees in the safe use of fuel gas, as follows:

(1) Before a regulator to a cylinder valve is connected, the valve shall be opened slightly and closed immediately. (This action is generally termed "Cracking" and is intended to clear the valve of dust or dirt that might otherwise enter the regulator.) The person cracking the valve shall stand to one side of the outlet, not in front of it. The valve of a fuel gas cylinder shall not be cracked where the gas would reach welding work, sparks, flame, or other possible sources of ignition.

(2) The cylinder valve shall always be opened slowly to prevent damage to the regulator. For quick closing, valves on fuel gas cylinders shall not be opened more than one and one-half (1 1/2) turns. When a special wrench is required, it shall be left in position on the stem of the valve while the cylinder is in use so that the fuel gas flow can be shut off quickly in case of an emergency. In the case of manifolded or coupled cylinders, at least one (1) such wrench shall always be available for immediate use. Nothing shall be placed on top of a fuel gas cylinder, when in use, which may damage the safety device or interfere with the quick closing of the valve.

(3) Fuel gas shall not be used from cylinders through torches or other devices which are equipped with shutoff valves without reducing the pressure through a suitable regulator attached to the cylinder valve or manifold.

(4) Before a regulator is removed from a cylinder valve, the cylinder valve shall always be closed and the gas released from the regulator.

(5) If, when the valve on a fuel gas cylinder is opened, there is found to be a leak around the valve stem, the valve shall be closed and the gland nut tightened. If this action does not stop the leak, the use of the cylinder shall be discontinued, and it shall be properly tagged and removed from the work area. In the event that fuel gas should leak from the cylinder valve, rather than from the valve stem, and the gas cannot be shut off, the cylinder shall be properly tagged and removed from the work area. If a regulator attached to a cylinder valve will effectively stop a leak through the valve seat, the cylinder need not be removed from the work area.

(6) If a leak should develop at a fuse plug or other safety device, the cylinder shall be removed from the work area.

(e) Fuel gas and oxygen manifolds.

(1) Fuel gas and oxygen manifolds shall bear the name of the substance they contain in letters at least one (1) inch high which shall be either painted on the manifold or on a sign permanently attached to it.

(2) Fuel gas and oxygen manifolds shall be placed in safe, well ventilated, and accessible locations. They shall not be located within enclosed spaces.

(3) Manifold hose connections, including both ends of the supply hose that lead to the manifold, shall be such that the hose cannot be interchanged between fuel gas and oxygen manifolds and supply header connections. Adapters shall not be used to permit the interchange of hose. Hose connections shall be kept free of grease and oil.

(4) When not in use, manifold and header hose connections shall be capped.

(5) Nothing shall be placed on top of a manifold, when in use, which will damage the manifold or interfere with the quick closing of the valves.

(f) Hose.

(1) Fuel gas hose and oxygen hose shall be easily distinguishable from each other. The contrast may be made by different colors or by surface characteristics readily distinguishable by the sense of touch. Oxygen and fuel gas hoses shall not be interchangeable. A single hose having more than one (1) passage shall not be used.

(2) When parallel sections of oxygen and fuel gas hose are taped together not more than four (4) inches out of twelve (12) inches shall be covered by tape.

(3) All hose in use, carrying acetylene, oxygen, natural or manufactured fuel gas, or any gas or substance which may ignite or enter into combustion, or be in any way harmful to employees, shall be inspected at the beginning of each working shift. Defective hose, or hose in doubtful condition, shall not be used.

(4) Hose which has been subject to flashback, or which shows evidence of severe wear or damage, shall be tested to twice the normal pressure to which it is subject, but in no case less than three hundred (300) p.s.i. Defective hose, or hose in doubtful condition, shall not be used.

(5) Hose couplings shall be of the type that cannot be unlocked or disconnected by means of a straight pull without rotary motion.

(6) Boxes used for the storage of gas hose shall be ventilated.

(7) Hoses, cables, and other equipment shall be kept clear of passageways, ladders and stairs.

(g) Torches.

(1) Clogged torch tip openings shall be cleaned with suitable cleaning wires, drills, or other devices designed for such purposes.

(2) Torches in use shall be inspected at the beginning of each working shift for leaking shutoff valves, hose couplings, and tip connections. Defective torches shall not be used.

(3) Torches shall be lighted by friction lighters or other approved devices, and not by matches or from hot work.

(h) Regulators and gauges. Oxygen and fuel gas pressure regulators, including their related gauges, shall be in proper working order while in use.

(i) Oil and grease hazards. Oxygen cylinders and fittings shall be kept away from oil or grease. Cylinders, cylinder caps and valves, couplings, regulators, hose, and apparatus shall be kept free from oil or greasy substances and shall not be handled with oily hands or gloves. Oxygen shall not be directed at oily surfaces, greasy clothes, or within a fuel oil or other storage tank or vessel.

(j) For additional details not covered in this section, applicable technical portions of American National Standards Institute Z49.1-1967, Safety in Welding and Cutting, shall apply.

31.2. Arc welding and cutting.

(a) Manual electrode holders.

(1) Only manual electrode holders which are specifically designed for arc welding and cutting, and are of a capacity capable of safely handling the maximum rated current required by the electrodes, shall be used.

(2) Any current-carrying parts passing through the portion of the holder which the arc welder or cutter grips in his hand, and the outer surfaces of the jaws of the holder, shall be fully insulated against the maximum voltage encountered to ground.

(b) Welding cables and connectors.

(1) All arc welding and cutting cables shall be of the completely insulated, flexible type, capable of handling the maximum current requirements of the work in progress, taking into account the duty cycle under which the arc welder or cutter is working.

(2) Only cable free from repair or splices for a minimum distance of ten (10) feet from the cable end to which the electrode holder is connected shall be used, except that cables with standard insulated connectors or with splices whose insulating quality is equal to that of the cable are permitted.

(3) When it becomes necessary to connect or splice lengths of cable one (1) to another, substantial insulated connectors of a capacity at least equivalent to that of the cable shall be used. If connections are effected by means of cable lugs, they shall be securely fastened together to give good electrical contact, and the exposed metal parts of the lugs shall be completely insulated.

(4) Cables in need of repair shall not be used. When a cable other than the cable lead referred to in subparagraph (2) of this paragraph, becomes worn to the extent of exposing bare conductors, the portion thus exposed shall be protected by means of rubber and friction tape or other equivalent insulation.

(c) Ground returns and machine grounding.

(1) A ground return cable shall have a safe current carrying capacity equal to or exceeding the specified maximum output capacity of the arc welding or cutting unit which it services. When a single ground return cable services more than one (1) unit, its safe current-carrying capacity shall equal or exceed the total specified maximum output capacities of all the units which it services.

(2) Pipelines containing gases or flammable liquids, or conduits containing electrical circuits, shall not be used as a ground return. For welding on natural gas pipelines, the technical portions of regulations issued by the Department of Transportation, Office of Pipeline Safety, 49 CFR Part 192, minimum federal safety standards for Gas Pipelines shall apply.

(3) When a structure or pipeline is employed as a ground return circuit, it shall be determined that the required electrical contact exists at all joints. The generation of an arc, sparks, or heat at any point shall cause rejection of the structures as a ground circuit.

(4) When a structure or pipeline is continuously employed as a ground return circuit, all joints shall be bonded, and periodic inspections shall be conducted to ensure that no condition of electrolysis or fire hazard exists by virtue of such use.

(5) The frames of all arc welding and cutting machines shall be grounded either through a third wire in the cable containing the circuit conductor or through a separate wire which is grounded at the source of the current. Grounding circuits, other than by means of a structure, shall be checked to ensure that the circuit between the ground and the grounded power conductor has resistance low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current.

(6) All ground connections shall be inspected to ensure that they are mechanically strong and electrically adequate for the required current.

(d) Operating instructions. Employers shall instruct employees in the safe means of arc welding and cutting as follows:

(1) When electrode holders are to be left unattended, the electrodes shall be removed and the holders shall be so placed or protected that they cannot make electrical contact with employees or conducting objects.

(2) Hot electrode holders shall not be dipped in water; to do so may expose the arc welder or cutter to electric shock.

(3) When the arc welder or cutter has occasion to leave his work or to stop work for any appreciable length of time, or when the arc welding or cutting machine is to be moved, the power supply switch to the equipment shall be opened.

(4) Any faulty or defective equipment shall be reported to the supervisor, and shall be removed from service if an imminent hazard exists.

(5) Other requirements, as outlined in Article 630, National Electrical Code NFPA 70-1971; ANSI C1-1971 (Rev. of 1968), Electric Welders, shall be used when applicable.

(e) Shielding. When practicable, all arc welding and cutting operations shall be shielded by noncombustible or flameproof screens which will protect employees and other persons working in the vicinity from the direct rays of the arc.

31.3. Fire prevention.

(a) When practical, objects to be welded, cut or heated shall be moved to a designated safe location or, if the objects to be welded, cut or heated cannot be readily moved, all movable fire hazards in the vicinity shall be taken to a safe place, or otherwise protected.

(b) If the object to be welded, cut, or heated cannot be moved and if all the fire hazards cannot be removed, positive means shall be taken to confine the heat, sparks, and slag, and to protect the immovable fire hazards from them.

(c) No welding, cutting, or heating shall be done where the application of flammable paints, or the presence of other flammable compounds, or heavy dust concentrations creates a hazard.

(d) Suitable fire extinguishing equipment shall be immediately available in the work area and shall be maintained in a state of readiness for instant use.

(e) When the welding, cutting, or heating operation is such that normal fire prevention precautions are not sufficient, additional personnel shall be assigned to guard against fire while the actual welding, cutting, or heating operation is being performed, and for a sufficient period of time after completion of the work to ensure that no possibility of fire exists. Such personnel shall be instructed as to the specific anticipated fire hazards and how the fire-fighting equipment provided is to be used.

(f) When welding, cutting, or heating is performed on walls, floors, and ceilings, since direct penetration of sparks or heat transfer may introduce a fire hazard to an adjacent area, the same precautions shall be taken on the opposite side as are taken on the side on which the welding is being performed.

(g) In areas that may contain methane gas, an examination for gas shall be conducted with permissible flame safety lamps or other approved detectors before and during welding.

(h) For the elimination of possible fire in enclosed spaces as a result of gas escaping through leaking or improperly closed torch shall be positively shut off at some point outside the enclosed space whenever the torch is not to be used or whenever the torch is left unattended for a substantial period of time, such as during the lunch period. Overnight and at the change of shifts, the torch and hose shall be removed from the confined space. Open end fuel gas and oxygen hoses shall be immediately removed from enclosed spaces when they are disconnected from the torch or other gas-consuming device.

(i) Except when the contents are being removed or transferred, drums, pails, and other containers, which contain or have contained flammable liquids, shall be kept closed. Empty containers shall be removed to a safe area apart from hot work operations or open flames.

(j) Drums, containers, or hollow structures which have contained toxic or flammable substances shall, before welding, cutting, or heating is undertaken on them, either be filled with water or thoroughly cleaned of such substances and ventilated and tested. For welding, cutting, and heating on steel pipelines containing natural gas, the pertinent portions of regulations issued by the Department of Transportation, Office of Pipeline Safety, 49CFR Part 192, minimum federal safety standards for Gas Pipelines shall apply.

31.4. Ventilation and protection in welding, cutting and heating.

(a) Mechanical ventilation. For purposes of this section, mechanical ventilation shall meet the following requirements:

(1) Mechanical ventilation shall consist of either general mechanical ventilation systems or local exhaust systems.

(2) General mechanical ventilation shall be of sufficient capacity and so arranged as to produce the number of air changes necessary to maintain welding fuels and smoke within safe limits, as defined in this part.

(3) Local exhaust ventilation shall consist of freely movable hoods intended to be placed by the welder or burner as close as practicable to the work. This system shall be of sufficient capacity and so arranged as to remove fumes and smoke at the source and keep the concentration of them in the breathing zone within safe limits as defined in this part.

(4) Contaminated air exhausted from a working space shall be discharged into the open air or otherwise clear of the source of intake air.

(5) All air replacing that withdrawn shall be clean and respirable.

(6) Oxygen shall not be used for ventilation purposes, comfort cooling, blowing dust from clothing, or for cleaning the work area.

(b) Welding, cutting, and heating in confined spaces.

(1) Except as provided in subparagraph (2) of this paragraph, and paragraph (c)(2) of this section, either general mechanical or local exhaust ventilation meeting the requirements of paragraph (a) of this section shall be provided whenever welding, cutting, or heating is performed in a confined space.

(2) When sufficient ventilation cannot be obtained without blocking the means of access, employees in the confined space shall be protected by air line respirators in accordance with the requirements of this part, and an employee on the outside of such a confined space shall be assigned to maintain communication with those working within it and to aid them in an emergency.

(c) Welding, cutting, or heating of metals of toxic significance.

(1) Welding, cutting, or heating in any enclosed spaces involving the metals specified in this subparagraph shall be performed with either general mechanical or local exhaust ventilation meeting the requirements of paragraph (i) of this section:

(i) Zinc-bearing base or filler metals or metals coated with zinc-bearing materials;

(ii) Lead base metals;

(iii) Cadmium-bearing filler materials;

(iv) Chromium-bearing metals or metals coated with chromium-bearing materials.

(2) Welding, cutting, or heating in any enclosed spaces involving the metals specified in this subparagraph shall be performed with local exhaust ventilation in accordance with the requirements of paragraph (a) of this section, or employees shall be protected by air line respirators in accordance with the requirements of this part:

(i) Metals containing lead, other than as an impurity, or metal coated with lead-bearing materials;

(ii) Cadmium-bearing or cadmium-coated base metals;

(iii) Metals coated with mercury-bearing materials;

(iv) Beryllium-containing base of filler metals. Because of its high toxicity, work involving beryllium shall be done with both local exhaust ventilation and air line respirators.

(3) Employees performing such operations in the open air shall be protected by filter-type respirators in accordance with the requirements of this section, except that employees performing such operations on beryllium-containing base or filler metals shall be protected by air line respirators in accordance with the requirements of this part.

(4) Other employees exposed to the same atmosphere as the welders or burners shall be protected in the same manner as the welder or burner.

(d) Inert-gas metal-arc welding.

(1) Since the inert-gas metal-arc welding process involves the production of ultra-violet radiation of intensities of five (5) to thirty (30) times that produced during shielded metal-arc welding, the decomposition of chlorinated solvents by ultra-violet rays, and the liberation of toxic fumes and gases, employees shall not be permitted to engage in or be exposed to the process until the following special precautions have been taken:

(i) The use of chlorinated solvents shall be kept at least two hundred (200) feet, unless shielded, from the exposed arc, and surfaces prepared with chlorinated solvents shall be thoroughly dry before welding is permitted on such surfaces.

(ii) Employees in the area not protected from the arc by screening shall be protected by filter lenses. When two (2) or more welders are exposed to each other's arc, filter lens goggles of a suitable type shall be worn under welding helmets. Hand shields to protect the welder against flashes and radiant energy shall be used when either the helmet is lifted or the shield is removed.

(iii) Welders and other employees who are exposed to radiation shall be suitably protected so that the skin is covered completely to prevent burns and other damage by ultra-violet rays. Welding helmets and hand shield shall be free of leaks and openings, and free of highly reflective surfaces.

(iv) When inert-gas metalarc welding is being performed on stainless steel, the requirements of paragraph (c)(2) of this section shall be met to protect against dangerous concentrations of nitrogen dioxide.

(e) General welding, cutting, and heating.

(1) Welding, cutting, and heating, not involving conditions or materials described in paragraph (b), (c), or (d) of this section, may normally be done without mechanical ventilation or respiratory protective equipment, but where, because of unusual physical or atmospheric conditions, an unsafe accumulation of contaminants exists, suitable mechanical ventilation or respiratory protective equipment shall be provided.

(2) Employees performing any type of welding, cutting, or heating shall be protected by suitable eye protective equipment.

31.5. Welding, cutting, and heating in way of preservative coatings.

(a) Before welding, cutting, or heating is commenced on any surface covered by a preservative coating whose flammability is not known, a test shall be made by a competent person to determine its flammability. Preservative coatings shall be considered to be highly flammable when scraping burn with extreme rapidity.

(b) Precautions shall be taken to prevent ignition of highly flammable hardened preservative coatings. When coatings are determined to be highly flammable, they shall be stripped from the area to be heated to prevent ignition.

(c) Protection against toxic preservative coatings.

(1) In enclosed spaces, all surfaces covered with toxic preservatives shall be stripped of all toxic coatings for a distance of at least four (4) inches from the area of heat application, or the employees shall be protected by air line respirators.

(2) In the open air, employees shall be protected by a respirator.

(d) The preservative coatings shall be removed a sufficient distance from the area to be heated to ensure that the temperature of the unstripped metal will not be appreciably raised. Artificial cooling of the metal surrounding the heating area may be used to limit the size of the area required to be cleaned.

W. Va. Code R. § 36-23-32 Electrical

All persons performing electrical work at construction projects shall be certified by the State Fire Marshall or by the Department of Mines.

32.1. General Requirements.

(a) All electrical work, installation, and wire capacities shall be in accordance with the pertinent provisions of the National Electrical Code, NFPA 70-1971; ANSI C1-1971 (Rev. of C1-1968) unless otherwise provided by these regulations.

(b) Applicability. These regulations apply only to electrical installations and used on the job site, both temporary and permanent. For power distribution and transmission lines, refer to subpart V of OSHA Safety and Health Regulations for Construction.

(c) Protection of employees.

(1) No employer shall permit an employee to work in such proximity to any part of an electric power circuit that he may contact the same in the course of his work unless the employee is protected against electric shock by deenergizing the circuit and grounding it or by guarding it by effective insulation or other means. In work areas where the exact location of underground electric power lines is unknown, workmen using jackhammers, bars, or other hand tools which may contact a line shall be provided with insulated protective gloves.

(2) Before work is begun, the employer shall ascertain by inquiry or direct observation, or by instruments, whether any part of an electric power circuit, exposed, or concealed, is so located that the performance of the work may bring any person, tool, or machine into physical or electrical contact therewith. The employer shall post and maintain proper warning signs where such a circuit exists. He shall advise his employees of the location of such lines, the hazards involved and the protective measures to be taken.

(d) Passageways and open spaces. Suitable barriers or other means shall be provided to ensure that work space for electrical equipment will not be used as a passageway during periods when energized parts of electrical equipment are used.

(e) Work space around equipment. Sufficient space shall be provided and maintained in the area of electrical equipment to permit ready and safe operation and maintenance of such equipment. When parts are exposed, the minimum clearance for the work space shall be not less than six and one-quarter (6 1/4) feet high, nor less than a radius of three (3) feet wide, and there shall be clearance sufficient to permit at least ninety degrees (90) opening of all doors or hinged panels. All working clearances shall be maintained in accordance with article 110-16, National Electrical Code, NFPA 70-1971; ANSI CI-1971 (Rev. of CI-1968).

(f) Load ratings. In existing installation no changes in circuit protection shall be made to increase the load in excess of load rating of the circuit wiring, as specified in National Electrical Code, NFPA 70-1971; ANSI CI-1971 (Rev. of CI-1968) (Article 310.)

(g) Lockout and tagging of circuits.

(1) Equipment or circuits that are deenergized shall be rendered inoperative and have tags attached at all points where such equipment or circuits can be energized.

(2) Tags shall be placed to identify plainly the equipment or circuits being worked on.

(h) Ground-fault protection.

(1) General. Notwithstanding any other provision of this part, the requirements in Section 210-7 of the 1971 National Electrical Code (NFPA 70-1971; ANSI CI-1971), that all fifteen (15-) and twenty (20-) amphere receptacle outlets on single-phase circuits for construction sites have approved ground-fault circuit protection for personnel does not apply. In lieu thereof, the employer shall use either ground-fault circuit interrupters or an assured equipment grounding conductor program to protect employees on construction sites. These requirements are in addition to any other requirements for equipment grounding conductors.

(2) Ground-fault circuit interrupters. All one hundred twenty (120) volt, single-phase, fifteen (15-) and twenty (20-) amphere receptacle outlets on construction sites, which are not a part of the permanent wiring of the building or structure and which are in use by employees, shall have approved ground-fault circuit interrupters for personnel protection. Receptacles on a two (2-) wire, single-phase portable or vehicle-mounted generator rated not more than five (5)kw, where the circuit conductors of the generator are insulated from the generator frame and all other grounded surfaces, need not be protected with ground-fault circuit interrupters.

(3) Assured equipment grounding conductor program. The employer shall establish and implement an assured equipment grounding conductor program on construction sites covering all cord sets, receptacles which are not a part of the permanent wiring of the building or structure, and equipment connected by cord and plug which are available for use or used by employees. This program shall comply with the following minimum requirements:

(i) A written description of the program, including the specific procedures adopted by the employer, shall be available at the job site for inspection and copying by the Director and any affected employee.

(ii) The employer shall designate one (1) or more competent persons to implement the program.

(iii) Each cord set, attachment cap, plug and receptacle of cord sets, and any equipment connected by cord and plug except cord sets and receptacles which are fixed and not exposed to damage, shall be visually inspected before each day's use for external defects, such as deformed or missing pins or insulation damage, and for indication of possible internal damage. Equipment found damaged or defective may not be used until repaired.

(iv) The following tests shall be performed on all cord sets, receptacles which are not a part of the permanent wiring of the building or structure, and cord and plug-connected equipment required to be grounded:

(a) All equipment grounding conductors shall be tested for continuity and shall be electrically continuous.

(b) Each receptacle and attachment cap or plug shall be tested for correct attachment of the equipment grounding conductor. The equipment grounding conductor shall be connected to its proper terminal.

(v) All required tests shall be performed:

(a) Before first use;

(b) Before equipment is returned to service following any repairs;

(c) Before equipment is used after any incident which can be reasonably suspected to have caused damage (for example, when a cord set is run over); and (d) At intervals not to exceed three (3) months, except that cord sets and receptacles which are fixed and not exposed to damage shall be tested at intervals not exceeding six (6) months.

(vi) The employer may not make available or permit the use by employees of any equipment which has not met the requirements of this section.

(vii) Tests performed as required in this paragraph shall be recorded in a book approved by the Department of Mines. This test record shall identify each receptacle, cord set, and cord-and plug-connected equipment that passed the test, and shall indicate the last date it was tested or the interval for which it was tested. This record shall be kept by means of logs, color coding, or other effective means, and shall be maintained until replaced by a more current record. The record shall be made available on the job site for inspection by any affected employee.

32.2. Grounding and bonding.

(a) Portable and/or cord plugconnected equipment.

(1) The noncurrent-carrying metal parts of portable and/or plug-connected equipment shall be grounded.

(2) Portable tools and appliances protected by an approved system of double insulation, or its equivalent, need not be grounded. Where such an approved system is employed, the equipment shall be distinctively marked.

(b) Fixed equipment. Exposed noncurrent-carrying metal parts of fixed electrical equipment, including motors, generators, frames and tracks of electrically operated cranes, electrically driven machinery, etc., shall be grounded.

(c) Effective grounding. The path from circuits, equipment, structures, and conduit or enclosures to ground shall be permanent and continuous; have ample carrying capacity to conduct safely the current liable to be imposed on it; and have impedance sufficiently low to limit the potential above ground and to result in the operation of the overcurrent devices in the circuit.

(d) Ground resistance. Driven rod electrodes shall, where practicable, have a resistance to ground not to exceed twenty-five (25) ohms where the resistance is not as low as 25 ohms, two (2) or more electrodes connected in parallel shall be used.

(e) Testing of grounds. Grounding circuits shall be checked to ensure that the circuit between the ground and the grounded power conductor has a resistance which is low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current.

(f) Extension cords. Extension cords used with portable electric tools and appliances shall be of the three (3)-wire type.

(g) Bonding. Conductors used for bonding and grounding stationary and movable equipment shall be of ample size to carry the anticipated current.

When attaching bonding and grounding clamps or clips, a secure and positive metal-to-metal contact shall be made. Such attachments shall be made before closures are opened and material movements are started and shall not be broken until after material movements are stopped and closures are made.

(h) Temporary wiring. All temporary wiring shall be effectively grounded in accordance with the National Electrical Code, NFPA 70-1971; ANSI CI-1971 (Rev. of CI-1968), Articles 305 and 310.

(i) Construction site. Precautions shall be taken to make any necessary open wiring inaccessible to unauthorized personnel.

(j) Temporary lighting. Temporary lights shall be equipped with guards to prevent accidental contact with the bulb, except that guards are not required when the construction of the reflector is such that the bulb is deeply recessed.

Temporary lights shall be equipped with heavy duty electric cords with connections and insulation maintained in safe condition. Temporary lights shall not be suspended by their electric cords unless cords and lights are designed for this means of suspension. Splices shall have insulation equal to that of the cable.

Working spaces, walkways, and similar locations shall be kept clear of cords so as not to create a hazard to employees.

Portable electric lighting used in moist and/or other hazardous locations, as for example, drums, tanks, and vessels shall be operated at a maximum of twelve (12) volts.

32.3. Equipment installation and maintenance.

(a) Flexible cable and cords.

(1) Receptacles for attachment plugs shall be of approved, concealed contact type with a contact for extending ground continuity and shall be so designed and constructed that the plug may be pulled out without leaving any live parts exposed to accidental contact.

(2) Where different voltages, frequencies, or types of current (a.c. or d.c.) are to be supplied by portable cords, receptacles shall be of such design that attachment plugs used on such circuits are not interchangeable.

(3) Attachment plugs or other connectors supplying equipment at more than three hundred (300) volts shall be of the skirted type or otherwise so designed that arcs will be confined.

(4) Attachment plugs for use in work areas shall be so constructed that they will endure rough use and be equipped with a suitable cord grip to prevent strain on the terminal screws.

(5) Flexible cord shall be used only in continuous lengths without splice, except suitable molded or vulcanized splices may be used where properly made, and the insulation shall be equal to the cable being spliced and wire connections soldered.

(6) Trailing cables shall be protected from damage.

(7) Splices in trailing cable shall be mechanically strong components and insulated to retain the mechanical and dielectric strength of the original cable.

(8) Cable passing through work areas shall be covered or elevated to protect it from damage which would create a hazard to employees.

(9) Handlamps of the portable type shall be of the molded composition or other type approved for the purpose. Brass-shell, paper-lined lampholders shall not be used. Handlamps shall be equipped with a handle and a substantial guard over the bulb and attached to the lampholder or the handle.

(10) Worn or frayed electric cables shall not be used.

(11) Extension cords shall be protected against accidental damage as may be caused by traffic, sharp corners, or projections and pinching in doors or elsewhere.

(12) Extension cords shall not be fastened with staples, hung from nails, or suspended by wire.

(b) Overcurrent protection.

(1) Overcurrent protection shall be provided by fuses or circuit breakers for each feeder and branch circuit, and shall be based on the current-carrying capacity of the conductors supplied and the power load being used.

(2) No overcurrent devices shall be placed in any permanently grounded conductor, except where the overcurrent device simultaneously opens all conductors of the circuit or for motor running protection.

(3) When fuses are installed or removed with one (1) or both terminals energized, special tools insulated for the voltage shall be used.

(c) Switches, circuit breakers, and disconnecting means.

(1) Each disconnecting means for motors and appliances, and each service feeder or branch circuit at the point where it originates, shall be legibly marked to indicate its purpose unless located and arranged so the purpose is evident.

(2) Disconnecting means shall be located or shielded so that employees will not be injured.

(3) Boxes for disconnecting means shall be securely and rigidly fastened to the surface upon which they are mounted and fitted with covers.

(4) Boxes and disconnecting means installed in damp or wet locations shall be waterproof to the extent that water does not enter or accumulate.

(d) Transformers.

(1) Energized transformers and other related electrically energized equipment over one hundred fifty (150) volts to ground shall be protected so as to prevent accidental contact with any person. Protection shall be provided by individual integrated housing or by an enclosure, such as an electrical substation fence, which accommodates a group of such equipment. Metallic enclosures shall be grounded.

(2) Access to energized equipment covered by subparagraph (1) of this paragraph shall be secured by lock or other fasteners requiring the use of tools to open them.

(3) Signs indicating danger and prohibiting unauthorized access shall be conspicuously displayed on the housing or other enclosure around the equipment.

(4) Transformers mounted on utility poles at a height of more than twelve (12) feet from the ground are exempt from the requirements of this paragraph.

(e) Welding and cutting equipment. Welding and cutting equipment shall meet the requirements specified in Sections 20 and 31 of these regulations.

32.4. Battery rooms and battery charging.

(a) General requirements.

(1) Batteries of the nonseal type shall be located in enclosures with outside vents or in well ventilated rooms, so arranged as to prevent the escape of fumes, gases, or electrolyte spray into other areas.

(2) Ventilation shall be provided to ensure diffusion to the gases from the battery to prevent the accumulation of an explosive mixture.

(3) Racks and trays shall be substantial and treated to be resistant to the electrolyte.

(4) Floors shall be of acid resistant construction or be protected from acid accumulations.

(5) Face shields, aprons, and rubber gloves shall be provided for workmen handling acids or batteries.

(6) Facilities for quick drenching of the eyes and body shall be provided within twenty-five (25) feet of the work area for emergency use.

(7) Facilities shall be provided for flushing and neutralizing spilled electrolyte, for fire protection, for protecting charging apparatus from damage by trucks, and for adequate ventilation for dispersal of fumes from gassing batteries.

(b) Charging.

(1) Battery charging installations shall be located in areas designated for that purpose.

(2) When charging batteries, the vent caps shall be kept in place to avoid electrolyte spray. Care shall be taken to assure that vent caps are functioning.

32.5. Hazardous locations.

(a) General. For the purpose of this section, hazardous locations are defined as follows:

(1) Class 1 Locations: Class 1 Locations are those in which flammable gases or vapors are or may be present in quantities sufficient to produce explosive or ignitable mixtures.

(2) Class 2 Locations: Class 2 Locations are those which are hazardous because of the presence of combustible dust.

(3) Class 3 Locations: Class 3 Locations are those which are hazardous because of the presence of easily ignitable fibers or flyings, but in which such fibers or flyings are not likely to be in suspension in air in quantities sufficient to produce ignitable mixtures.

(4) See the National Electrical Code, NFPA 70-1971; ANSI CI-1971 (Rev. of CI-1968) for further definitions of Divisions 1 and 2 for each class.

(b) All components and utilization equipment used in a hazardous location shall be chosen from among those listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc., or Factory Mutual Engineering Corporation, except custom-made components and utilization equipment.

(c) Equipment approved for a specific hazardous location shall not be installed or intermixed with equipment approved for another specific hazardous location.

(d) Employer shall ensure that all wiring components and utilization equipment are maintained as vapor, dust, or fiber tight as contemplated by their approvals. There shall be no loose or missing screws, gaskets, threaded connections, or other impairments to this tight condition.

32.6. Definitions applicable to this subpart.

(a) The definition of "Approved" as set forth in this section shall apply.

(b) "Bonding Jumper" a conductor to assure the required electrical conductivity between metal parts required to be electrically connected.

(c) "Branch Circuits" that portion of a wiring system extending beyond the final overcurrent device protecting the circuit. (A device not approved for branch circuit protection, such as thermal cutout or motor overload protective device, is not considered as the overcurrent device protecting the circuit.)

(d) "Circuit Breaker" a device designed to open and close a circuit by manual means, an to open the circuit automatically on a predetermined overload of current, without injury to itself when properly applied within its rating.

(e) "Exposed" (as applied to live parts) means that a live part can be inadvertently touched or approached nearer than a safe distance by a person. This term applies to parts not suitably guarded, isolated, or insulated.

(f) "Ground" a conducting connection, whether intentional or accidental, between an electrical circuit or equipment and earth, or to some conducting body which serves in place of the earth.

(g) "Grounded" connected to earth or to some conducting body which serves in place of the earth.

(h) "Hazard" is considered to include casualty, fire, and shock when applicable.

(i) "Isolated" means not readily accessible to person unless special means of access are used.

(j) "Raceway" any channel for loosely holding wires or cable in interior work which is designed expressly and used solely for this purpose. Raceways may be of metal, wood, or insulating material, and the term includes wood and metal moldings consisting of a backing and capping, and also metal ducts into which wires are to be pulled.

(k) "Shock Hazard" considered to exist at an accessible part in a circuit between the part and ground, or other accessible parts if the potential is more than forty-two and fourtenths (42.4) volts peak and the current through a one thousand five hundred (1,500)-ohm load is more than five (5) milliampheres.

(l) "Weatherproof" so constructed or protected that exposure to the weather shall not interfere with successful operation.

W. Va. Code R. § 36-23-33 Ladders and Scaffolding

33.1. Ladders.

(a) General requirements.

(1) Except where either permanent or temporary stairways or suitable ramps or runways are provided, ladders described in this subpart shall be used to give safe access to all elevations. All ladders shall be inspected by a competent person before each use. Ladders with defects shall be removed from service.

(2) The use of ladders with broken or missing rungs or steps, broken or split side rails, or other faulty or defective construction is prohibited.

When ladders with such defects are discovered, they shall be immediately withdrawn from service. Inspection of metal ladders shall include checking for corrosion of interiors or open end hollow rungs.

(3) Manufactured portable wood ladders provided by the employer shall be in accordance with the provisions of the ANSI A14.1-1968, Safety Code for portable wood ladders.

(4) Portable metal ladders shall be of strength equivalent to that of wood ladders. Manufactured portable metal ladders provided by the employer shall be in accordance with the provisions of the ANSI, A14.2-1956, Safety Code for portable metal ladders.

(5) Fixed ladders shall be in accordance with the provisions of the American National Standards Institute A14.3-1956, Safety Code for fixed ladders.

(6) Portable ladder feet shall be placed on a substantial base, and the area around the top and bottom of the ladder shall be kept clear.

(7) Portable ladders shall be used at such a pitch that the horizontal distance from the top support to the foot of the ladder is about one-quarter of the working length of the ladder (the length along the ladder between the foot and the top support.) Ladders shall not be used in a horizontal position as platforms, runways, or scaffolds.

(8) Ladders shall not be placed in passageways, doorways, driveways, or any location where they may be displaced by activities being conducted on any work, unless protected by barricades or guards.

(9) The side rails shall extend not less than thirty-six (36) inches above the landing. When this is not practical, grab rails, which provide a secure grip for an employee moving to or from the point of access, shall be installed.

(10) Portable ladders in use shall be tied, blocked, or otherwise secured to prevent their being displaced.

(11) Portable metal ladders shall not be used for electrical work or where they may contact electrical conductors.

(b) Job-made ladders.

(1) Job-made ladders shall be constructed for intended use. If a ladder is to provide the only means of access or exit from a working area for twenty-five (25) or more employees, or simultaneous two (2)-way traffic is expected, a double cleat ladder shall be installed.

(2) Double cleat ladders shall not exceed twenty-four (24) feet in length.

(3) Single cleat ladders shall not exceed thirty (30) feet in length between supports (base and top landing). If ladders are to connect different landings, or if the length required exceeds this maximum length, two (2) or more separate ladders shall be used, offset with a platform between each ladder. Guardrails and toeboards shall be erected on exposed sides of the platforms.

(4) The width of single cleat ladders shall be at least fifteen (15) inches, but not more than twenty (20) inches, between rails at the top.

(5) Side rails shall be parallel or flared top to bottom by not more than onequarter (1/4) of an inch for each two (2) feet of length.

(6) Wood side rails of ladders having cleats shall be not less than one and one-half (1 1/2) inches thick and three and one-half (3 1/2) inches deep (two (2) inches x four (4) inches nominal) when made of Group 2 or Group 3 woods (see Table 27) may be used in the same cross-section of dimensions for cleat ladders up to twenty (20) feet in length.

(7) It is preferable that side rails be continuous. If splicing is necessary to attain the required length, however, the splice must develop the full strength of a continuous side rail of the same length.

(8) Two (2) inch x four (4) inch lumber shall be used for side rails of single cleat ladders up to sixteen (16) feet long; three (3) inch x six (6) inch lumber shall be used for single cleat ladders from sixteen (16) to thirty (30) feet in length.

(9) Two (2) inch x four (4) inch lumber shall be used for side and middle rails of double cleat ladders up to twelve (12) feet in length; two (2) inch x six (6) inch lumber four double cleat ladders from twelve (12) to twenty-four (24) feet in length.

(10) Wood cleats shall have the following minimum dimensions when made of Group 1 woods, (see Table 28):

(11) Cleats may be made of species of any other group of wood (see Table 27) provided equal or greater strength is maintained.

(12) Cleats shall be inset into the edges of the side rails one-half (1/2) inch, or filler blocks shall be used on the rails between the cleats. The cleats shall be secured to each rail with three (3) ten (10)d common wire nails or other fasteners of equivalent strength. Cleats shall be uniformly spaced, twelve (12) inches top-to-top.

33.2. Scaffolding.

(a) General requirements.

(1) Scaffolds shall be erected in accordance with requirements of this section. All scaffolding shall be inspected prior to each use and scaffolding found defective of improper type or not properly constructed will not be used until corrected. Scaffolding shall be inspected for dry rot, cracks or other defects prior to construction of a scaffold. Scaffold planks shall be inspected as to the above mentioned. Defective planks shall be removed from service.

(2) The footing or anchorage for scaffolds shall be sound, rigid, and capable of carrying the maximum intended load without settling or displacement. Unstable objects such as barrels, boxes, loose brick, or concrete blocks, shall not be used to support scaffolds or planks.

(3) No scaffold shall be erected, moved, dismantled, or altered except under the supervision of competent persons.

(4) Guardrails and toeboards shall be installed on all open sides and ends of platforms more than ten (10) feet above the ground or floor, except needle beam scaffolds and floats. Scaffolds four (4) feet to ten (10) feet in height, having a minimum horizontal dimension in either direction of less than forty-five (45) inches, shall have standard guardrails installed on all open sides and ends of the platform.

(5) Guardrails shall be two (2) inches x four (4) inches, or the equivalent, approximately forty-two (42) inches high, with a midrail, when required. Supports shall be at intervals not to exceed eight (8) feet. Toeboards shall be a minimum of four (4) inches in height.

(6) Where persons are required to work or pass under the scaffold, scaffolds shall be provided with a screen between the toeboard and the guardrail, extending along the entire opening, consisting of the No. 18 gauge wire, one and one-half (1 1/2) inch mesh, or the equivalent.

(7) Scaffolds and their components shall be capable of supporting without failure at least four (4) times the maximum intended load.

(8) Any scaffold including accessories such as braces, brackets, trusses, screw legs, ladders, etc., damaged or weakened from any cause shall be immediately repaired or replaced.

(9) All load-carrying timber members of scaffold framing shall be a minimum of one thousand five hundred (1,500) fiber construction grade lumber. All dimensions are nominal sizes, except that where rough sizes are noted, only rough or undressed lumber of the size specified will satisfy minimum requirements.

(10) All planking shall be scaffold grades, or equivalent, as recognized by approved grading rules for the species of wood used. The maximum permissible spans for two (2-) x ten (10)-inch or wider planks shall be as shown in Table 29:

(11) The maximum permissible span for one and one-quarter (1 1/4) inch x nine (9) inch or wider plank of full thickness shall be four (4) feet with medium duty loading of fifty (50) p.s.f.

(12) All planking or platforms shall be overlapped (minimum twelve (12) inches), or secured from movement.

(13) An access ladder or equivalent safe access shall be provided.

(14) Scaffold planks shall extend over their end supports not less than six (6) inches nor more than twelve (12) inches.

(15) The poles, legs, or uprights of scaffolds shall be plumb, and securely and rigidly braced to prevent swaying and displacement.

(16) Overhead protection shall be provided for men on a scaffold exposed to overhead hazards.

(17) Slippery conditions on scaffolds shall be eliminated as soon as possible after they occur.

(18) No welding, burning, riveting, or open flame work shall be performed on any staging suspended means of fiber or synthetic rope. Only treated or protected fiber or synthetic ropes shall be used for or near any work involving the use of corrosive substances or chemicals.

(19) Wire, synthetic, or fiber rope used for scaffold suspension shall be capable of supporting at least six (6) times the rated load.

(20) The use of shore or lean-to scaffolds is prohibited.

(21) Lumber sizes, when used in this subpart, refer to nominal sizes except where otherwise stated.

(b) Wood pole scaffolds.

(1) Scaffold poles shall bear on a foundation of sufficient size and strength to spread the load from the pole over a sufficient area to prevent settlement. All poles shall be set plumb.

(2) Where wood poles are spliced, the ends shall be squared and the upper section shall rest squarely on the lower section. Wood splice plates shall be provided on at least two (2) adjacent sides and shall be not less than four (4) feet in length, overlapping the abutted ends equally, and have the same width and not less than the cross sectional area of the pole. Splice plates or other materials of equivalent strength may be used.

(3) Independent pole scaffolds shall be set as near to the wall of the building as practicable.

(4) All pole scaffolds shall be securely guyed or tied to the building or structure. Where the height or length exceeds twenty-five (25) feet, the scaffold shall be secured at intervals not greater than twentyfive (25) feet vertically and horizontally.

(5) Putlogs or bearers shall be set with their greater dimension vertical, long enough to project over the ledgers of the inner and outer rows of poles at least three (3) inches for proper support.

(6) Every wooden putlog on single pole scaffolds shall be reinforced with three-sixteenths (3/16) inch x two (2) inch steel strip, or equivalent, secured to its lower edge throughout its entire length.

(7) Ledgers shall be long enough to extend over two (2) pole spaces. Ledgers shall not be spliced between the poles. Ledgers shall be reinforced by bearing blocks securely nailed to the side of the pole to form a support for the ledger.

(8) Diagonal bracing shall be provided to prevent the poles from moving in a direction parallel with the wall of the building, or from buckling.

(9) Cross bracing shall be provided between the inner and outer sets of poles in independent pole scaffolds. The free ends of pole scaffolds shall be cross braced.

(10) Full diagonal face bracing shall be erected across the entire face of pole scaffolds in both directions. The braces shall be spliced at the poles. The inner row of poles on medium and heavy duty scaffolds shall be braced in a similar manner.

(11) Platform plank shall be laid with their edges close together so the platform will be tight with no spaces through which tools or fragments of material can fall.

(12) Where planking is lapped, each plank shall lap its end supports at least twelve (12) inches. Where the ends of planks abut each other to form a flush floor, the butt joint shall be at the centerline of a pole. The abutted ends shall rest on separate bearers. Intermediate beams shall be provided where necessary to prevent dislodgement of plants due to deflection, and the ends shall be secured to prevent their dislodgement.

(13) When a scaffold materially changes its direction, the platform planks shall be laid to prevent tipping. The planks that meet the corner putlog at an angle shall be laid first, extending over the diagonally placed putlog far enough to have a good safe bearing, but not far enough to involve any danger from tipping. The planking running in the opposite direction at an angle shall be laid so as to extend over and rest on the first layer of planking.

(14) When moving platforms to the next level, the old platform shall be left undisturbed until the new putlogs or bearers have been set in place, ready to receive the platform planks.

(15) Guardrails, made of lumber not less than two (2) inches x four (4) inches (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section, when required.

(16) All wood pole scaffolds sixty (60) feet or less in height shall be constructed and erected in accordance with Table 30 through 36. If they are over sixty (60) feet in height, they shall be designed by a qualified engineer competent in this field, and it shall be constructed and erected in accordance with such design.

(c) Tube and coupler scaffolds.

(1) A light duty tube and coupler scaffold shall have all posts, bearers, runners, and bracing of nominal two (2) inch O. D. steel tubing. The posts shall be spaced no more than six (6) feet apart by ten (10) feet along the length of the scaffold. Other structural metals when used must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(2) A medium duty tube and coupler scaffold shall have all posts, runners, and bracing of nominal two (2) inch O. D. steel tubing. Posts spaced not more than five (5) feet apart by eight (8) feet along the length of the scaffold shall have bearers of nominal two (2) inch O. D. steel tubing.

Other structural metals, when used, must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(3) A heavy duty tube and coupler scaffold shall have all posts, runners, and bracing of nominal two (2) inch O. D. steel tubing, with the posts spaced not more than six (6) feet x six (6) feet six (6) inches. Other structural metals, when used, must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(4) Tube and coupler scaffolds shall be limited in heights and working levels to those permitted in Tables 36, 37 and 38. Drawings and specifications of all tube and coupler scaffolds above the limitations in Tables 36, 37 and 38 shall be designed by a qualified engineer competent in this field.

(5) All tube and coupler scaffolds shall be constructed and erected to support four (4) times the maximum intended loads, as set forth in Tables 36, 37 and 38, or as set forth in the specifications by a licensed professional engineer competent in this field.

(6) Posts shall be accurately spaced, erected on suitable bases, and maintained plumb.

(7) Runners shall be erected along the length of the scaffold, located on both the inside and the outside posts at even height. Runners shall be interlocked to form continuous lengths and coupled to each post. The bottom runners shall be located as close to the base as possible. Runners shall be placed not more than six (6) feet six (6) inches on centers.

(8) Bearers shall be installed transversely between posts and shall be securely coupled to the posts bearing on the runner coupler. When coupled directly to the runners, the coupler must be kept as close to the posts as possible.

(9) Bearers shall be at least four (4) inches but not more than twelve (12) inches longer than the post spacing or runner spacing.

(10) Cross bracing shall be installed across the width of the scaffold at least every third set of posts horizontally and every fourth runner vertically. Such bracing shall extend diagonally from the inner and outer runners upward to the next outer and inner runners.

(11) Longitudinal diagonal bracing on the inner and outer rows of poles shall be installed at approximately a forty-five (45) degree angle from near the base of the first outer post upward to the extreme top of the scaffold. Where the longitudinal length of the scaffold permits, such bracing shall be duplicated beginning at every fifth post. In a similar manner, longitudinal diagonal bracing shall also be installed from the last post extending back and upward toward the first post. Where conditions preclude the attachment of this bracing to the posts, it may be attached to the runners.

(12) The entire scaffold shall be tied to and securely braced against the building at intervals not to exceed thirty (30) feet horizontally and twenty-six (26) feet vertically.

(13) Guardrails, made of lumber not less than two (2) inches x four (4) inches (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboard shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(d) Tubular welded frame scaffolds.

(1) Metal tubular frame scaffolds including accessories such as braces, brackets, trusses, screw legs, ladders, etc., shall be designed, constructed, and erected to safely support four (4) times the maximum rated load.

(2) Spacing of panels or frames shall be consistent with the loads imposed.

(3) Scaffolds shall be properly braced by cross bracing or diagonal braces, or both, for securing vertical members together laterally, and the cross braces shall be of such length as will automatically square and align vertical members so that the erected scaffold is always plumb, square, and rigid. All brace connections shall be made secure.

(4) Scaffold legs shall be set on adjustable bases or plain bases placed on mud sills or other foundations adequate to support the maximum rated load.

(5) The frames shall be placed one (1) on top of the other with coupling or stacking pins to provide proper vertical alignment of the legs.

(6) Where uplift may occur, panels shall be locked together vertically by pins or other equivalent suitable means.

(7) To prevent movement, the scaffold shall be secured to the building or structure at intervals not to exceed thirty (30) feet horizontally and twenty-six (26) feet vertically.

(8) Maximum permissible spans or planking shall be in conformity with paragraph (a)(10) of this section.

(9) Drawings and specifications for all frame scaffolds over one hundred twenty-five (125) feet in height above the base plates shall be designed by a registered professional engineer.

(10) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), and approximately forty-two (42) inches high, with a midrail of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(e) Manually propelled mobile scaffolds.

(1) When free-standing mobile scaffold towers are used, the height shall not exceed four (4) times the minimum base dimension.

(2) Casters shall be properly designed for strength and dimensions to support four (4) times the maximum intended load. All casters shall be provided with a positive locking device to hold the scaffold in position.

(3) Scaffolds shall be properly braced by cross bracing and horizontal bracing conforming with paragraph (d)(3) of this section.

(4) Platforms shall be tightly planked for the full width of the scaffold except for necessary entrance opening. Platforms shall be secured in place.

(5) A ladder or stairway shall be provided for proper access and exit and shall be affixed or built into the scaffold and so located that when in use it will not have a tendency to tip the scaffold. A landing platform must be provided at intervals not to exceed thirty-five (35) feet.

(6) The force necessary to move the mobile scaffold shall be applied near or as close to the base as practicable and provision shall be made to stabilize the tower during movement from one (1) location to another. Scaffolds shall only be moved on level floors, free of obstructions and openings.

(7) The employer shall not allow employees to ride on manually propelled scaffolds unless the following conditions exist:

(i) The floor or surface is within three (3) degrees of level, and free from pits, holes, or obstructions;

(ii) The minimum dimension of the scaffold base when ready for rolling, is at least one-half (1/2) the height. Outriggers, if used, shall be installed on both sides of staging;

(iii) The wheels are equipped with rubber or similar resilient tires;

(iv) All tools and materials are secured or removed from the platform before the mobile scaffold is moved.

(8) Scaffolds in use by any person shall rest upon a suitable footing and shall stand plumb. The casters or wheels shall be locked to prevent any movement.

(9) Mobile scaffolds constructed of metal members shall also conform to applicable provisions of paragraphs (b), (c), or (d) of this section, depending on the material of which they are constructed.

(10) Guardrails of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(f) Outrigger scaffolds.

(1) Outrigger beams shall extend not more than six (6) feet beyond the face of the building. The inboard end of outrigger beams, measured from the fulcrum point to anchorage point, shall be not less than one and one-half (1 1/2) time the outboard end in length. The beams shall rest on edge, the sides shall be plumb, and the edges shall be horizontal. The fulcrum point of the beam shall rest on a secure bearing at least six (6) inches in each horizontal dimension. The beam shall be secured in place against movement and shall be securely braced at the fulcrum point against tipping.

(2) The inboard ends of outrigger beams shall be securely anchored either by means of struts bearing against sills in contact with the overhead beams or ceiling, or by means of tension members secured to the floor joints underfoot, or by both if necessary. The inboard ends of outrigger beams shall be secured against tipping and the entire supporting structure shall be securely braced in both directions to prevent any horizontal movement.

(3) Unless outrigger scaffolds are designed by a registered professional engineer competent in this field, they shall be constructed and erected in accordance with Table 39. Outrigger scaffolds, designed by a registered professional engineer, shall be constructed and erected in accordance with such design.

(4) Planking shall be laid tight and shall extend to within three (3) inches of the building wall. Planking shall be secured to the beams.

(5) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(h) Masons' adjustable multiple-point suspension scaffolds.

(1) The scaffold shall be capable of sustaining a working load of fifty (50) pounds per square foot and shall not be loaded in excess of that figure.

(2) The scaffold shall be provided with hoisting machines that meet the requirements of underwriters laboratories of factory mutual engineering corporation.

(3) The platform shall be supported by wire ropes, capable of supporting at least six (6) times the intended load, suspended from overhead outrigger beams.

(4) The scaffold outrigger beams shall consist of structural metal securely fastened or anchored to the frame or floor system of the building or structure.

(5) Each outrigger beam shall be equivalent in strength to at least a standard seven (7) inch, fifteen and three-tenths (15.3) lb. steel I-beam, at least fifteen (15) feet long, and shall not project more than six (6) feet six (6) inch beyond the bearing point.

(6) Where the overhand exceeds six (6) feet six (6) inches, outrigger beams shall be composed of stronger beams or multiple beams and be installed under the supervision of a competent person.

(7) All outrigger beams shall be set and maintained with their webs in a vertical position.

(8) A stop bolt shall be placed at each end of every outrigger beam.

(9) The outrigger beam shall rest on suitable wood bearing blocks.

(10) The free end of the suspension wire ropes shall be equipped with proper size thimbles and secured by splicing or other equivalent means. The running ends shall be securely attached to the hoisting drum and at least four (4) turns of wire rope shall at all times remain on the drum. The use of fiber rope is prohibited.

(11) Where a single outrigger beam is used, the steel shackles or clevises with which the wire ropes are attached to the outrigger beams shall be placed directly over the hoisting drums.

(12) The scaffold platform shall be equivalent in strength to at least two (2) inches planking. (For maximum planking spans, see paragraph (a)(11) of this section.)

(13) When employees are at work on the scaffold and an overhead hazard exists, overhead protection shall be provided on the scaffold, not more than nine (9) feet above the platform, consisting of two (2) inch planking, or material of equivalent strength, laid tight, and extending not less than the width of the scaffold.

(14) Each scaffold shall be installed or relocated under the supervision of a competent person.

(15) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail, and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(i) (Swinging scaffolds) Two (2) point suspension.

(1) Two (2) point suspension scaffold platforms shall be not less than twenty (20) inches nor more than thirty-six (36) inches wide overall. The platform shall be securely fastened to the hangers by U-bolts or by other equivalent means.

(2) The hangers of two (2) point suspension scaffolds shall be made of mild steel, or other equivalent materials, having a cross-sectional area capable of sustaining four (4) times the maximum rated load, and shall be designed with a support for guardrail, intermediate rail, and toeboard.

(3) When hoisting machines are used on two (2) point suspension scaffolds, such machines shall be of a design tested and approved by Underwriters Laboratories of Factory Mutual Engineering Corporation.

(4) The roof irons or hooks shall be of mild steel, or other equivalent material, of proper size and design, securely installed and anchored. Tiebacks of three-quarter (3/4) inch manila rope, or the equivalent, shall serve as a secondary means of anchorage, installed at right angles to the face of the building, whenever possible, and secured to a structurally sound portion of the building.

(5) Two-point suspension scaffolds shall be suspended by wire, synthetic or fiber ropes capable of supporting at least six (6) times the rated load. All other components shall be capable of supporting at least four (4) times the rated load.

(6) The sheaves of all blocks, consisting of at least one (1) double and one (1) single block, shall fit the size and type of rope used.

(7) All wire ropes, fiber and synthetic ropes, slings, hangers, platforms, and other supporting parts shall be inspected before every installation. Periodic inspections shall be made while the scaffold is in use.

(8) On suspension scaffolds designed for a working load of five hundred (500) pounds, no more than two (2) men shall be permitted to work at one time. On suspension scaffolds with a working load of seven hundred fifty (750) pounds, no more than three (3) men shall be permitted to work at one time. Each employee shall be protected by an approved safety life belt attached to a lifeline. The lifeline shall be securely attached to substantial members of the structure (not scaffold), or to securely rigged lines which will safely suspend the employee in case of a fall. In order to keep the lifeline continuously attached, with a minimum of slack, to a fixed structure, the attachment point of the lifeline shall be appropriately changed as the work progresses.

(9) Two (2) point suspension scaffolds shall be securely lashed to the building or structure to prevent them from swaying. Window cleaners' anchors shall not be used for this purpose.

(10) The platform of every two (2) point suspension scaffold shall be one of the following types:

(i) Ladder-type platforms. The side stringer shall be of clear straightgrained spruce or materials of equivalent strength and durability. The rungs shall be of straight-grained oak, ash, or hickory, at least one and one-eighth (1 1/8) inch in diameter, with seven-eighths (7/8) inch. The stringers shall be tied together with tie rods not less than one-quarter (1/4) inch in diameter, passing through the stringers and riveted up tight against washers on both ends. The flooring strips shall be spaced not more than fiveeighths (5/8) inch apart except at the side rails where the space may be one (1) inch. Ladder-type platforms shall be constructed in accordance with Table 40.

(ii) Plank-type platforms. Plank-type platforms shall be composed of not less than nominal two (2) inch x ten (10) inch unspliced planks, properly cleated together on the underside, starting six (6) inches from each end; intervals in between shall not exceed four (4) feet. The plank-type platform shall not extend beyond the hangers more than twelve (12) inches. A bar or other effective means shall be securely fastened to the platform at each end to prevent its slipping off the hanger. The span between hangers for plank-type platforms shall not exceed eight (8) feet.

(iii) Beam-type platforms. Beam platforms shall have side stringers of lumber not less than two (2) inch x six (6) inch set on edge. The span between hangers shall not exceed twelve (12) feet when beam platforms are used. The flooring shall be supported on two (2) inch x six (6) inch cross beams, laid flat and set into the upper edge of the stringers with a snug fit, at intervals of not more than four (4) feet, securely nailed in place. The flooring shall be of one (2) inch x six (6) inch material properly nailed. Floor board shall not be spaced more than one-half (1/2) inch apart.

(iv) Light metal-type platforms, when used, shall be tested and listed according to Underwriters Laboratories of Factory Mutual Engineering Corporation.

(11) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail, and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(j) Stone setters' adjustable multiple-point suspension scaffolds.

(1) The scaffold shall be capable of sustaining a working load of twenty-five (25) pounds per square foot and shall not be used for storage of stone or other heavy materials.

(2) When used, the hoisting machine and its supports shall be of a type tested and listed by Underwriters Laboratories of Factory Mutual Engineering Corporation.

(3) The platform shall be securely fastened to the hangers of U-bolts or other equivalent means. (For materials and spans, see subdivision (ii) of paragraph (i)(10), plank-type platforms, and Table 40 of this section.)

(4) The scaffold unit shall be suspended from metal outriggers, from brackets, wire rope slings, or iron hooks.

(5) Outriggers, when used, shall be set with their webs in a vertical position, securely anchored to the building or structure and provided with stop bolts at each end.

(6) The scaffold shall be supported by wire rope capable of supporting at least six (6) times the rated load. All other components shall be capable of supporting at least four (4) times the rated load.

(7) The free ends of the suspension wire ropes shall be equipped with proper size thimbles, secured by splicing or other equivalent means. The running ends shall be securely attached to the hoisting drum and at least four (4) turns of wire rope shall remain at the drum at all times.

(8) When two (2) or more scaffolds are used on a building or structure, they shall not be bridged one to the other, but shall be maintained at even height with the platforms abutting closely.

(9) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail, and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(k) Single-point adjustable suspension scaffolds.

(1) The scaffolding, including power units or manually operated winches, shall be of a type tested and listed by Underwriters Laboratories of Factory Mutual Engineering Corporation.

(2) The power units may be either electrically or air motor driven.

(3) All power-operated gears and brakes shall be enclosed.

(4) In addition to the normal operating brake, all power-driven units shall have an emergency brake which engages automatically when the normal speed of descent is exceeded.

(5) The hoisting machines, cables, and equipment shall be regularly serviced and inspected.

(6) The units may be combined to form a two (2) point suspension scaffold. Such scaffold shall then comply with paragraph (i) of this section.

(7) The supporting cable shall be vertical for its entire length, and the basket shall not be swayed nor the cable fixed to any intermediate points to change the original path of travel.

(8) Suspension methods shall conform to applicable provisions of paragraphs (h) and (i) of this section.

(9) Guards, midrails, and toeboards shall completely enclose the cage or basket. Guardrails shall be no less than two (2) inch x four (4) inch or the equivalent, approximately forty-two (42) inches above the platform. Midrails shall be one (1) inch x six (6) inch or the equivalent, installed equidistant between the guardrail and platform. Toeboards shall be a minimum of four (4) inches in height.

(10) For additional details not covered in this paragraph, applicable technical portions of American National Standards Institute A120.1-1970, power operated devices for exterior building maintenance powered platforms, shall be used.

(l) Boatswain's chairs.

(1) The chair seat shall not be less than twelve (12) inch x twenty-four (24) inch, and one (1) inch thickness. The seat shall be reinforced on the underside by cleats securely fastened to prevent the board from splitting.

(2) The two (2) fiber rope seat slings shall be of five-eighths (5/8) inch diameter, reeved through the four (4) seat holes so as to cross each other on the underside of the seat.

(3) Seat slings shall be of at least three-eighths (3/8) inch wire rope when an employee is conducting a heat-producing process, such as gas or arc welding.

(4) The employee shall be protected by a safety belt and lifeline.

The attachment point of the lifeline to the structure shall be appropriately changed as the work progresses.

(5) The tackle shall consist of correct size ball bearing or brushed blocks and properly spliced five-eighths (5/8) inch diameter first-grade manila rope, or equivalent.

(6) The roof irons, hoods, or the object to which the tackle is anchored, shall be securely installed. Tiebacks, when used, shall be installed at right angles to the face of the building and securely fastened.

(m) Carpenters' bracket scaffolds.

(1) The brackets shall consist of a triangular wood frame not less than two (2) inch x three (3) inch in cross section, or of metal of equivalent strength. Each member shall be properly fitted and securely joined.

(2) Each bracket shall be attached to the structure by means of one (1) of the following:

(i) A bolt, no less than five-eighths (5/8) inches in diameter, which shall extend through to the inside of the building wall;

(ii) A metal stud attachment device;

(iii) Welding to steel tanks;

(iv) Hooking over a well-secured and adequately strong supporting member.

(3) The brackets shall be spaced no more than eight (8) feet apart.

(4) No more than two (2) employees shall occupy any given eight (8) feet of a bracket scaffold at any time. Tools and materials shall not exceed seventy-five (75) pounds in addition to the occupancy.

(5) The platform shall consist of not less than two (2) inch x ten (10) inch nominal size planks extending nor more than twelve (12) inches or less than six (6) inches beyond each end support.

(6) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail, of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboards, shall be installed at all open sides and ends of all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(n) Bricklayers' square scaffolds.

(1) The square shall not exceed five (5) feet in width and five (5) feet in height.

(2) Members shall be not less than those specified in Table 41.

(3) The squares shall be reinforced on both sides of each corner with one (1) inch x six (6) inch gusset pieces. They shall also have diagonal braces one (1) inch x eight (8) inch on both sides running from center to center of each member, or other means to secure equivalent strength and rigidity.

(4) The squares shall be set not more than five (5) feet apart for medium duty scaffolds, and not more than eight (8) feet apart for light duty scaffolds. Bracing, one (1) inch x eight (8) inch, extending from the bottom of each square to the top of the next square, shall be provided on both front and rear sides of the scaffold.

(5) Platform planks shall be at least two (2) inch x ten (10) inch nominal size. The ends of the planks shall overlap the bearers of the squares and each plank shall be supported by not less than three (3) squares.

(6) Bricklayers' square scaffolds shall not exceed three (3) tiers in height and shall be so constructed and arranged that one (1) square shall rest directly above the other. The upper tiers shall stand on a continuous row of planks laid across the next lower tier and be nailed down or otherwise secured to prevent displacement.

(7) Scaffolds shall be level and set upon a firm foundation.

(o) Horse scaffolds.

(1) Horse scaffolds shall not be constructed or arranged more than two (2) tiers or ten (10) feet in height.

(2) The members of the horses shall be not less than those specified in Table 42.

(3) Horses shall be spaced not more than five (5) feet for medium duty and not more than eight (8) feet for light duty.

(4) When arranged in tiers, each horse shall be placed directly over the horse in the tier below.

(5) On all scaffolds arranged in tiers, the legs shall be nailed down or otherwise secured to the planks to prevent displacement or thrust and each tier shall be substantially cross braced.

(6) Horses or parts which have become weak or defective shall not be used.

(7) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail, of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section when required.

(p) Needle beam scaffold.

(1) Wood needle beams shall be not less than four (4) inch x five (5) inch in size, with the greater dimension placed in a vertical direction. Metal beams or the equivalent, conforming to paragraphs (a)(8) and (10) of this section, may be used and shall not be altered or moved horizontally while they are in use.

(2) Ropes or hangers shall be provided for supports. The span between supports on the needle beam shall not exceed ten (10) feet for four (4) inch x six (6) inch timbers. Rope supports shall be equivalent in strength to one (1) inch diameter first-grade manila rope.

(3) The ropes shall be attached to the needle beams by a scaffold hitch or a properly made eye splice. The loose end of the rope shall be tied by a bowline knot or by a round turn and a half hitch.

(4) The scaffold hitch shall be arranged so as to prevent the needle beam from rolling or becoming otherwise displaced.

(5) The platform span between the needle beams shall not exceed eight (8) feet when using two (2) inch scaffold plank. For spans greater than eight (8) feet, platforms shall be designed based on design requirements for the special span. The overhang of each end of the platform planks shall be not less than six (6) inches and not more than twelve (12) inches.

(6) When needle beam scaffolds are used, the planks shall be secured against slipping.

(7) All unattached tools, bolts, and nuts used on needle beam scaffolds shall be kept in suitable containers, properly secured.

(8) One (1) end of a needle beam scaffold may be supported by a permanent structural member conforming to paragraphs (a)(8) and (10) of this section.

(9) Each employee working on a needle beam scaffold shall be protected by a safety belt and lifeline.

(q) Plasterers', decorators', and large area scaffolds.

(1) Plasterers', lathers', and ceiling workers' inside scaffolds shall be constructed in accordance with the general requirements set forth for independent wood pole scaffolds. (See paragraph (b) and Tables 33, 34 and 39 of this section.)

(2) All platform planks shall be laid with the edges close together.

(3) When independent pole scaffold platforms are erected in sections, such sections shall be provided with connecting runways equipped with substantial guardrails.

(4) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboards, shall be installed on all open sides and ends of all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(r) Interior hung scaffolds.

(1) An interior hung scaffold shall be hung or suspended from the roof structure or ceiling beams.

(2) The suspending wire or fiber rope shall be capable of supporting at least six (6) times the rated load. The rope shall be wrapped at least twice around the supporting members and twice around the bearers of the scaffold, with each end of the wire rope secured by at least three (3) standard wire-rope clips properly installed.

(3) For hanging wood scaffolds, the following minimum nominal size material shall be used:

(i) Supporting bearers two (2) inch x ten (10) inch on edge;

(ii) Planking two (2) inch x ten (10) inch, with maximum span seven (7) feet for heavy duty and ten (10) feet for light duty or medium duty.

(4) Steel tube and coupler members may be used for hanging scaffolds with both types of scaffold designed to sustain a uniform distributed working load up to heavy duty scaffold loads with a safety factor of four (4).

(5) Guardrails made of lumber, not less than two (2) inch x four (4) inch (or other material providing equivalent protection), approximately forty-two (42) inches high, with a midrail of one (1) inch x six (6) inch lumber (or other material providing equivalent protection), and toeboards, shall be installed at all open sides and ends on all scaffolds more than ten (10) feet above the ground or floor. Toeboards shall be a minimum of four (4) inches in height. Wire mesh shall be installed in accordance with paragraph (a)(6) of this section.

(s) Ladder jack scaffolds.

(1) All ladder jack scaffolds shall be limited to light duty and shall not exceed a height of twenty (20) feet above the floor or ground.

(2) All ladders used in connection with ladder jack scaffolds shall be heavy-duty ladders and shall be designed and constructed in accordance with American National Standards Institute A14.1-1968 Safety Code for portable wood ladders, and A14.2-1968, Safety Code for portable metal ladders. Cleated ladders shall not be used for this purpose.

(3) The ladder jack shall be so designed and constructed that it will bear on the side rails in addition to the ladder rungs, or if bearing on rungs only, the bearing area shall be at least ten (10) inches on each rung.

(4) Ladders used in conjunction with ladder jacks shall be so placed, fastened, held, or equipped with devices so as to prevent slipping.

(5) The wood platform planks shall be not less than two (2) inch nominal in thickness. Both metal and wood platform planks shall overlap the bearing surface not less than twelve (12) inches. The span between supports for wood shall not exceed eight (8) feet. Platform width shall be not less than eighteen (18) inches.

(6) Not more than two (2) employees shall occupy any given eight (8) feet of any ladder jack scaffold at any one (1) time.

(t) Window jack scaffolds.

(1) Window jack scaffolds shall be used only for the purpose of working at the window opening through which the jack is placed.

(2) Window jacks shall not be used to support planks placed between one (1) window jack and another or for other elements of scaffolding.

(3) Window jack scaffolds shall be provided with guardrails unless safety belts with lifelines are attached and provided for employee.

(4) Not more than one (1) employee shall occupy a window jack scaffold at any one (1) time.

(u) Roofing brackets.

(1) Roofing brackets shall be constructed to fit the pitch of the roof.

(2) Brackets shall be secured in place by nailing in addition to the pointed metal projections. When it is impractical to nail brackets, rope supports shall be used. When rope supports are used, they shall consist of first grade manila of at least three-quarter (3/4) inch diameter, or equivalent.

(3) A catch platform shall be installed below the working area of roofs more than sixteen (16) feet from the ground to eaves with a slope greater than four (4) inch in twelve (12) inch without a parapet. In width, the platform shall extend two (2) feet beyond the protection of the eaves and shall be provided with a guardrail, midrail, and toeboard. This provision shall not apply where employees engaged in work upon such roofs are protected by a safety belt attached to a lifeline.

(v) Crawling board or chicken ladders.

(1) Crawling board shall be not less than ten (10) inch wide and one (1) inch thick, having cleats one (1) inch x one and one-half (1 1/2) inch the Cleats shall be equal in length to the width of the board and spaced at equal intervals not to exceed twenty-four (24) inches. Nails shall be driven through and clinched on the underside. The crawling board shall extend from the ridge pole to the eaves when used in connection with roof construction, repair, or maintenance.

(2) A firmly fastened lifeline of at least three-quarter (3/4) inch diameter rope, or equivalent, shall be strung beside each crawling board for a handhold.

(3) Crawling boards shall be secured to the roof by means of adequate ridge hooks or other effective means.

(w) Form scaffolds.

(1) Form scaffolds shall be constructed of wood or other suitable materials, such as steel or aluminum members of known strength characteristics.

All scaffolds shall be designed and erected with a minimum safety factor of four (4), computed on the basis of the maximum rated load.

(2) All scaffold planking shall be a minimum of two (2) inch x ten (10) inch nominal scaffold grade, as recognized and approved grading rules for the species of lumber used, or equivalent material. Maximum permissible spans shall not exceed eight (8) feet on centers for two (2) inch x ten (10) inch nominal planking. Scaffold planks shall be either nailed or bolted to the ledgers or of such length that they overlap the ledgers at least six (6) inches. Unsupported projecting ends of scaffolding planks shall be limited to a maximum overhang of twelve (12) inches.

(3) Scaffolds shall not be loaded in excess of the working load for which they were designed.

(4) Figure-four (4) form scaffolds:

(i) Figure-four (4) scaffolds are intended for light duty and shall not be used to support loads exceeding twenty-five (25) pounds per square foot unless specifically designed for heavier loading. For minimum design criteria, see Table 43.

(ii) Figure-four (4) form scaffold frames shall be spaced not more than eight (8) feet on centers and constructed from sound lumber, as follows:

The outrigger ledger shall consist of two (2) pieces of one (1) inch x six (6) inch or heavier material nailed on opposite sides of the vertical form support. Ledgers shall project not more than three (3) feet six (6) inches from the outside of the form support and shall be substantially braced and secured to prevent tipping or turning. The knee or angle brace shall intersect the ledger at least three (3) feet from the form at an angle of approximately forty-five degrees (45), and the lower end shall be nailed to a vertical support. The platform shall consist of two (2) or more two (2) inch x ten (10) inch planks, which shall be of such length that they extend at least six (6) inches beyond ledgers at each end unless secured to the ledgers. When planks are secured to the ledgers (nailed or bolted) a wood filler strip shall be used between the ledgers. Unsupported projecting ends of planks shall be limited to an overhang of twelve (12) inches.

(5) Metal bracket form scaffolds:

(i) Metal brackets or scaffold jacks which are an integral part of the form shall be securely bolted or welded to the form. Folding type brackets shall be either bolted or secured with a locking-type pin when extended for use.

(ii) "Clip-On" or "Hook-Over" brackets may be used, provided the form walers are bolted to the form or secured by snap ties or shea-volt extending through the form and securely anchored.

(iii) Metal brackets shall be spaced not more than eight (8) feet on centers.

(iv) Scaffold planks shall be either bolted to the metal brackets or of such length that they overlap the brackets at each end by at least six (6) inches.

Unsupported projecting ends of scaffold planks shall be limited to a maximum overhang of twelve (12) inches.

(v) Metal bracket form scaffolds shall be equipped with wood guardrails, intermediate rails, toeboards, and scaffold planks meeting the minimum dimensions shown in Table 44. (Metal may be substituted for wood, providing it affords equivalent or greater design strength.)

(6) Wooden bracket form scaffolds:

(i) Wooden bracket form scaffolds shall be an integral part of the form panel. The minimum design criteria set forth herein and in Table 45 cover scaffolding intended for light duty and shall not be used to support loads exceeding twenty-five (25) pounds per square foot, unless specifically designed for heavier loading.

(ii) Scaffold planks shall be either nailed or bolted to the ledgers or of such length that they overlap the ledgers at each end by at least six (6) inches. Unsupported projecting ends of scaffold planks shall be limited to a maximum overhang of twelve (12) inches.

(iii) Guardrails and toeboards shall be installed on all open sides and ends of platforms and scaffolding over ten (10) feet above the floor or ground.

Guardrails shall be made of lumber two (2) inch x four (4) inch nominal dimension (or other material providing equivalent protection), approximately forty-two (42) inches high, supported at intervals not to exceed eight (8) feet. Guardrails shall be equipped with midrails constructed of one (1) inch x six (6) inch nominal lumber (or other material providing equivalent protection). Toeboard shall extend not less than four (4) inches above the scaffold plank.

(x) Pump jack scaffolds.

(1) Pump jack scaffolds shall:

(i) Not carry a working load exceeding five hundred (500) pounds; and (ii) Be capable of supporting without failure at least four (4) times the maximum load.

(iii) The manufacture components shall not be loaded in excess of the manufacturer's recommended limits.

(2) Pump jack brackets, braces, and accessories shall be fabricated from metal plates and angles. Each pump jack bracket shall have two (2) positive gripping mechanisms to prevent any failure or slippage.

(3) The platform bracket shall be fully decked and the planking secured. Planking, or equivalent, shall conform with paragraph (a) of this section.

(4)

(i) When wood scaffold planks are used as platforms, poles used for pump jacks shall not be spaced more than ten (10) feet center to center. When fabricated platforms are used that fully comply with all other provisions of this paragraph (x), pole spacing may exceed ten (10) feet center to center.

(ii) Poles shall not exceed thirty (30) feet in height.

(iii) Poles shall be secured to the work wall by rigid triangular bracing, or equivalent, at the bottom, top, and other points as necessary, to provide a maximum vertical spacing of not more than ten (10) feet between braces. Each brace shall be capable of supporting a minimum of two hundred twenty-five (225) pounds tension or compression.

(iv) For the pump jack bracket to pass bracing already installed, an extra brace shall be used approximately four (4) feet above the one (1) to be passed until the original brace is reinstalled.

(5) All poles shall bear on mud sills or other adequate firm foundations.

(6) Pole lumber shall be two (2) two (2) x four's (4), of Douglas Fir, or equivalent, straight-grained, clear, free of cross-grain, shakes, large loose or dead knots, and other defects which might impair strength.

(7) When poles are constructed of two (2) continuous lengths, they shall be two (2) by fours (4), spiked together with the seam parallel to the bracket, and with ten (10)d common nails, no more than twelve (12) inches center to center, staggered uniformly from opposite outside edges.

(8) If two (2) by fours (4) are spliced to make up the pole, the splices shall be so constructed as to develop the full strength of the member.

(9) A ladder shall be provided for access to the platform during use.

(10) Not more than two (2) persons shall be permitted at one (1) time upon a pump jack scaffold between any two (2) supports.

(11) Pump jack scaffolds shall be provided with standard guardrails as defined in Section 32 of these regulations, but no guardrail is required when safety belts with lifelines are provided for employees.

(12) When a work bench is used at an approximate height of forty-two (42) inches, the top guardrail may be eliminated, if the work bench is fully decked, the planking secured, and is capable of withstanding two hundred (200) pounds pressure in any direction.

(13) Employees shall not be permitted to use a work bench as a scaffold platform.

33.3. Manually propelled mobile ladder stands and scaffolds (towers).

(a) General requirements.

(1) Application. This section is intended to prescribe rules and requirements for the design, construction, and use of mobile work platforms (including ladder stands but not including aerial ladders) and rolling (mobile) scaffolds (towers). This standard is promulgated to aid in providing for the safety of life, limb, and property, by establishing minimum standards for structural design requirements and for the use of mobile work platforms and towers.

(2) Working loads.

(i) Work platforms and scaffolds shall be capable of carrying the design load under varying circumstances depending upon the conditions of use.

Therefore, all parts and appurtenances necessary for their safe and efficient utilization must be integral parts of the design.

(ii) Specific design and construction requirements are not a part of this section because of the wide variety of materials and design possibilities. However, the design shall be such as to produce a mobile ladder stand or scaffold that will safely sustain the specified loads. The material selected shall be of sufficient strength to meet the test requirements and shall be protected against corrosion or deterioration.

(A) The design working load of ladder stands shall be calculated on the basis of one (1) or more two hundred (200)-pound persons with fifty (50) pounds of equipment each.

(B) The design load of all scaffolds shall be calculated on the basis of:

Light -- Designed and constructed to carry a working load of twenty-five (25) pounds per square foot.

Medium -- Designed and constructed to carry a working load of fifty (50) pounds per square foot.

Heavy -- Designed and constructed to carry a working load of seventy-five (75) pounds per square foot.

All ladder stands and scaffolds shall be capable of supporting at least four (4) times the design working load.

(iii) The materials used in mobile ladder stands and scaffolds shall be of standard manufacture and conform to standard specifications of strength, dimensions, and weights, and shall be selected to safely support the design working load.

(iv) Nails, bolts, or other fasteners used in the construction of ladders, scaffolds, and towers shall be of adequate size and in sufficient numbers at each connection to develop the designed strength of the unit. Nails shall be driven full length. (All nails should be immediately withdrawn from dismantled lumber.)

(v) All exposed surfaces shall be free from sharp edges, burrs or other safety hazards.

(3) Work levels.

(i) The maximum work level height shall not exceed four (4) times the minimum or least base dimensions of any mobile ladder stand or scaffold.

Where the basic mobile unit does not meet this requirement, suitable outrigger frames shall be employed to achieve this least base dimension, or provisions shall be made to guy or brace the unit against tipping.

(ii) The minimum platform width for any work level shall not be less than twenty (20) for mobile scaffolds (towers). Ladder stands shall have a minimum step width of sixteen (16) inches.

(iii) The supporting structure for the work level shall be rigidly braced, using adequate cross bracing or diagonal bracing with rigid platforms at each work level.

(iv) The steps of ladder stands shall be fabricated from slip resistant treads.

(v) The work level platform of scaffolds (towers) shall be of wood, aluminum, or plywood planking, steel or expanded metal, for the full width of the scaffold, except for necessary openings. Work platforms shall be secured in place. All planking shall be two (2) inch (nominal) scaffold grade minimum one thousand five hundred (1,500) feet (stress grade) construction grade lumber or equivalent.

(vi) All scaffold work levels ten (10) feet or higher above the ground or floor shall have a standard (four (4) inch nominal) toeboard.

(vii) All work levels ten (10) feet or higher above the ground or floor shall have a guardrail of two (2) inch x four (4) inch nominal or the equivalent installed no less than thirty-six (36) inches or more than forty-two (42) inches high, with a midrail, when required, of one (1) inch x four (4) inches nominal lumber or equivalent.

(viii) A climbing ladder or stairway shall be provided for proper access and egress, and shall be affixed or built into the scaffold and so located that its use will not have a tendency to tip the scaffold. A landing platform shall be provided at intervals not to exceed thirty (30) feet.

(4) Wheels or casters.

(i) Wheels or casters shall be properly designed for strength and dimensions to support four (4) times the design working load.

(ii) All scaffold casters shall be provided with a positive wheel and/or swivel lock to prevent movement. Ladder stands shall have at least two (2) of the four (4) casters and shall be of the seivel type.

(iii) Where leveling of the elevated work platform is required, screw jacks or other suitable means for adjusting the height shall be provided in the base section of each mobile unit.

(b) Mobile tubular welded sectional folding scaffolds.

(1) General. Units including sectional stairway and sectional ladder scaffolds shall be designed to comply with the requirements of paragraph (a) of this section.

(2) Stairway. An integral set of pivoting and hinged folding diagonal and horizontal braces and a detachable work platform shall be incorporated into the structure of each sectional folding stairway scaffold.

(3) Bracing. An integral set of pivoting and hinged folding diagonal and horizontal braces and a detachable work platform shall be incorporated into the structure of each sectional folding ladder scaffold.

(4) Sectional folding stairway scaffolds. Sectional folding stairway scaffolds shall be designed as medium duty scaffolds except for high clearance.

These special base sections shall be designed as light duty scaffolds. When upper sectional folding stairway scaffolds are used with a special high clearance base, the load capacity of the entire scaffold shall be reduced accordingly. The width of a sectional folding stairway scaffold shall not exceed four and one-half (4 1/2) feet. The maximum length of a sectional folding stairway scaffold shall not exceed six (6) feet.

(5) Sectional folding ladder scaffolds. Sectional folding ladder scaffolds shall be designed as light duty scaffolds including special base (open end) sections which are designed for high clearance. For certain special applications the six (6) foot long unit, eight (8) foot six (6) inch for an eight (8) foot unit or a ten (10) foot six (6) inch for a ten (10) foot long unit.

(6) End frames. The end frames of sectional ladder and stairway scaffolds shall be designed so the the horizontal bearers provide supports for multiple planking levels.

(7) Erection. Only the manufacturer of the scaffold or his qualified designated agent shall be permitted to erect or supervise the erection of scaffolds exceeding fifty (50) feet in height above the base, unless such structure is approved in writing by a licensed professional engineer, or erected in accordance with instructions furnished by the manufacturer.

33.4. Definitions applicable to this subpart.

(a) "Ladders"

(1) "Cleats" ladder crosspieces of rectangular cross section placed on edge on which a person may step in ascending or descending.

(2) "Single Cleat Ladder" one which consists of a pair of side rails, usually parallel, but with flared side rails permissible, connected together with cleats that are joined to the side rails at regular intervals.

(3) "Double Cleat Ladder" one that is similar to a single cleat latter, but is wider, with an additional center rail which will allow for two (2) way traffic for workmen in ascending and descending.

(b) "Scaffolding"

(1) "Bearer" a horizontal member of a scaffold upon which the platform rests and which may be supported by ledgers.

(2) "Boatswain's Chair" a seat supported by slings attached to a suspended rope, designed to accommodate one (1) workman in a sitting position.

(3) "Brace" a tie that holds one (1) scaffold member in a fixed position with respect to another member.

(4) "Bricklayers' Square Scaffold" a scaffold composed of framed wood squares which support a platform, limited to light and medium duty.

(5) "Carpenters' Bracket Scaffold" a scaffold consisting of wood or metal brackets supporting a platform.

(6) "Coupler" a device for locking together the component parts of a tubular metal scaffold. (The material used for the couplers shall be of a structural type, such as drop-forged steel, malleable iron, or structural grade aluminum.)

(7) "Crawling Board or Chicken Ladder" a plank with cleats spaced and secured at equal intervals, for use by a worker on roofs, not designed to carry any material.

(8) "Double Pole or Independent Pole Scaffold" A scaffold supported form the base by a double row of uprights, independent of support from the walls and constructed of uprights, ledgers, horizontal platform bearers, and diagonal bracing.

(9) "Float or Ship Scaffold" A scaffold hung from overhead supports by means of ropes and consisting of substantial platform having diagonal bracing underneath, resting upon and securely fastened to two (2) parallel plank bearers at right angles to the span.

(10) "Guardrail" a rail secured to uprights and erected along the exposed sides and ends of platforms.

(11) "Heavy Duty Scaffold" a scaffold designed and constructed to carry a working load not to exceed seventy-five (75) pounds per square foot.

(12) "Horse Scaffold" a scaffold for light or medium duty, composed of horses supporting a work platform.

(13) "Interior Hung Scaffold" a scaffold suspended from the ceiling or roof structure.

(14) "Ladder jack Scaffold" a light duty scaffold supported by brackets attached to ladders.

(15) "Ledgers (Stringers)" a horizontal scaffold member which extends from post to post and which supports the putlogs or bearers forming a tie between the posts.

(16) "Light Duty Scaffold" a scaffold designed and constructed to carry a working load not to exceed twenty-five (25) pounds per square foot.

(17) "Manually Propelled Mobile Scaffold" a portable rolling scaffold supported by casters.

(18) "Masons' Adjustable Multiple-Point Suspension Scaffold" A scaffold having a continuous platform supported by bearers suspended by wire rope from overhead supports, so arranged and operated as to permit the raising or lowering of the platform to desired working positions.

(19) "Maximum Rated Load" the total of all loads including the working load, the weight of the scaffold, and such other loads as may be reasonably anticipated.

(20) "Medium Duty Scaffold" a scaffold designed and constructed to carry a working load not to exceed fifty (50) pounds per square foot.

(21) "Midrail" a rail approximately midway between the guardrail and platform, secured to the uprights erected along the exposed sides and ends of platforms.

(22) "Needle Beam Scaffold" a light duty scaffold consisting of needle beams supporting a platform.

(23) "Outrigger Scaffold" a scaffold supported by outriggers or thrustouts projecting beyond the wall or face of the building or structure, the inboard ends of which are secured inside of such building or structure.

(24) "Putlog" a scaffold member upon which the platform rests.

(25) "Roofing or Bearer Bracket" a bracket used in slope roof construction, having provisions for fastening to the roof or supported by ropes fastened over the ridge and secured to some suitable object.

(26) "Runner" the lengthwise horizontal bracing or bearing members or both.

(27) "Scaffold" any temporary elevated platform and its supporting structure used for supporting workmen or materials, or both.

(28) "Single-Point Adjustable Suspension Scaffold" a manually or poweroperated unit designed for light duty use, supported by a single wire rope from an overhead support so arranged and operated as to permit the raising or lowering of platform to desired working positions.

(29) "Single-Pole Scaffold" platforms resting on putlogs or cross beams, the outside ends of which are supported on ledgers secured to a single row of posts or uprights, and the inner ends of which are supported on or in a wall.

(30) "Stone Setters' Adjustable Multiple-Point Suspension Scaffold" a swinging type scaffold having a platform supported by hangers suspended at four (4) points so as to permit the raising or lowering of the platform to the desired working position by the use of hoisting machines.

(31) "Toeboard" a barrier secured along the sides and ends of a platform to guard against the falling of material.

(32) "Tube and Coupler Scaffold" an assembly consisting of tubing which serves as posts, bearers, braces, ties, and runners, a base supporting the posts and special couplers which serve to connect the uprights and to join the various members.

(33) "Tubular Welded Frame Scaffold" a sectional panel or frame metal scaffold substantially built up of prefabricated welded sections which consists of posts and horizontal bearer with intermediate members.

(34) "Two-Point Suspension Scaffold (Swinging Scaffold)" a scaffold, the platform of which is supported by hangers (stirrups) at two (2) points, suspended from overhead supports so as to permit the raising or lowering of the platform to the desired working position by tackle or hoisting machines.

(35) "Window Jack Scaffold" a scaffold, the platform of which is supported by a bracket of jack which projects through a window opening.

(36) "Working Load" load imposed by men, materials, and equipment.

(37) "Ladder Stand" a mobile fixed size self-supporting ladder consisting of a wide flat tread ladder in the form of stairs. The assembly may include handrails.

33.5. Guardrails, handrails, and covers.

(a) General provisions. This subpart shall apply to temporary or emergency conditions where there is danger of employees or materials falling through floor, roof, or wall openings or from stairways, or runways.

(b) Guarding of floor openings and floor holes.

(1) Floor openings shall be guarded by a standard riling and toeboards or cover, as specified in paragraph (f) of this section. In general, the railing shall be provided on all exposed sides, except at entrances to stairways.

(2) Ladderway floor openings or platforms shall be guarded by standard railings with standard toeboards on all exposed sides, except at entrances to opening, with the passage through the railing either provided with a swinging gate or so offset that a person cannot walk directly into the opening.

(3) Hatchways and chute floor openings shall be guarded by one (1) of the following:

(i) Hinged covers of standard strength and construction and a standard railing with only one (1) exposed side. When the opening is not in use, the cover shall be closed or the exposed side shall be guarded at both top and intermediate positions by removable standard railings;

(ii) A removable standard railing with toeboard on not more than two (2) sides of the opening and fixed standard railings with toeboards on all other exposed sides. The removable railing shall be kept in place when the opening is not in use and should preferably be hinged or otherwise mounted so as to be conveniently replaceable.

(4) Wherever there is danger of falling through a skylight opening, it shall be guarded by a fixed standard railing on all exposed sides or a cover capable of sustaining the weight of a two hundred (200) pound person.

(5) Pits and trap-door floor openings shall be guarded by floor opening covers of standard strength and construction. While the cover is not in place, the pit or trap openings shall be protected on all exposed sides by removable standard railings.

(6) Manhole floor openings shall be guarded by standard covers which need not be hinged in place. While the cover is not in place, the manhole opening shall be protected by standard railings.

(7) Temporary floor openings shall have standard railings.

(8) Floor holes, into which persons can accidentally walk, shall be guarded by either a standard railing with standard toeboard on all exposed sides, or a floor hole cover of standard strength and construction that is secured against accidental displacement. While the cover is not in place, the floor hole shall be protected by a standard railing.

(9) Where doors or gates open directly on a stairway, a platform shall be provided, and the swing of the door shall not reduce the effective width of the platform to less than twenty (20) inches.

(c) Guarding of wall openings.

(1) Wall openings, from which there is a drop of more than four (4) feet, and the bottom of the opening is less than three (3) feet above the working surface, shall be guarded as follows:

(i) When the height and placement of the opening in relation to the working surface is such that either a standard rail or intermediate rail will effectively reduce the danger of falling, one (1) or both shall be provided;

(ii) The bottom of a wall opening, which is less than four (4) inches above the working surface, regardless of width, shall be protected by a standard toeboard or an enclosing screen either of solid construction or as specified in paragraph (f)(7)(ii) of this section.

(2) An extension platform outside a wall opening onto which materials can be hoisted for handling shall have side rails or equivalent guards of standard specifications. One (1) side of an extension platform may have removable railings in order to facilitate handling materials.

(3) When a chute is attached to an opening, the provisions of paragraph (c)(1) of this section shall apply, except that a toeboard is not required.

(d) Guarding of open-sided floors, platforms, and runways.

(1) Every open-sided floor or platform six (6) feet or more above adjacent floor or ground level shall be guarded by a standard railing, or the equivalent, as specified in paragraph (f)(1) of this section, all open sides, except where there is entrance to a ramp, stairway, or fixed ladder. The railing shall be provided with a standard toeboard wherever, beneath the open sides, persons can pass, or there is moving machinery, or there is equipment with which falling materials could create a hazard.

(2) Runways shall be guarded by a standard railing, or the equivalent as specified in paragraph (f) of this section, on all open sides, four (4) feet or more above the floor or ground level. Wherever tools, machine parts, or materials are likely to be used on the runway, a toeboard shall also be provided on each exposed side.

(3) Runways used exclusively for special purposes may have the railing on one (1) side omitted where operating condition necessitate such omission, providing the falling hazard is minimized by using a runway not less then eighteen (18) inches wide.

(4) Where employees entering upon runways become thereby exposed to machinery, electrical equipment, or other danger not a falling hazard, additional guarding shall be provided.

(5) Regardless of height, opensided floors, walkways, platforms, or runways above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units, and similar hazards shall be guarded with a standard railing and toeboard.

Stairway railings and guards.

(1) Every flight of stairs having four (4) or more risers shall be equipped with standard stair railings or standard handrails as specified below, the width of the stair to be measured clear of all obstructions except handrails:

(i) On stairways less than forty-four (44) inches wide having both sides enclosed, at least one (1) handrail, preferably on the right side descending;

(ii) On stairways less than forty-four (44) inches wide having one (1) side open, at least one (1) stair railing on the open side;

(iii) On stairways less than forty-four (44) inches wide having both sides open, one (1) stair railing on each side;

(iv) On stairways more than forty-four (44) inches wide but less than eighty-eight (88) inches wide, one (1) handrail on each enclosed side, and one (1) intermediate stair railing located approximately midway of the width;

(v) On stairways eighty-eight (88) or more inches wide, one (1) handrail on each enclosed side, one (1) stair railing on each open side, and one (1) intermediate stair railing located approximately midway of the width.

(2) Winding stairs shall be equipped with a handrail offset to prevent walking on all portions of the treads having width less than six (6) inches.

(f) Standard specifications.

(1) A standard railing shall consist of top rail, intermediate rail, toeboard and posts, and shall have a vertical height of approximately forty-two (42) inches from upper surface of top rail to floor, platform, runway, or ramp level. The top rail shall be smooth-surfaced throughout the length of the railing. The intermediate rail shall be halfway between the top rail in the floor, platform, runway, or ramp. The ends of the rails shall not overhang the terminal posts except where such overhang does not constitute a projection hazard. Minimum requirements for standard railings under various types of construction are specified in the following paragraphs:

(i) For wood railings, the posts shall be of at least two (2) inch x four (4) inch stock spaced not to exceed eight (8) feet; the top rail shall be of at least two (2) inch x four (4) inch stock; the intermediate rail shall be of at least one (1) inch x six (6) inch stock.

(ii) For pipe steel railings, post and top and intermediate railings shall be at least one and one-half (1 1/2) inches nominal diameter with posts spaced not more than eight (8) feet on centers.

(iii) For structural steel railings, posts and top and intermediate rails shall be of two (2) inch x two (2) inch by three-eights (3/8)inch angles or other metal shapes of equivalent bending strength, with posts spaced not more than eight (8) feet on centers.

(iv) The anchoring of posts and framing of members for railings of all types shall be of such construction that the completed structure shall be capable of withstanding a load of at least two hundred (200) pounds applied in any direction at any point on the top rail, with a minimum of deflection.

(v) Railings receiving heavy stresses from employees trucking or handling materials shall be provided additional strength by the use of heavier stock, closer spacing of posts, bracing, or by other means.

(vi) Other types, sizes, and arrangements of railing construction are acceptable, provided they meet the following conditions:

(a) A smooth-surfaced top rail at a height above the floor, platform, runway, or ramp level of approximately fortytwo (42) inches;

(b) A strength to withstand at least the minimum requirement of two hundred (200) pounds top rail pressure with a minimum of deflection;

(c) Protection between top rail and floor, platform, runway, ramp, or stair treads, equivalent at least to that afforded by a standard intermediate rail;

(d) Elimination of overhang of rail ends unless such overhang does not constitute a hazard.

(2) A stair railing shall be of construction similar to a standard railing, but the vertical height shall be not more than thirty-four (34) inches nor less than thirty (30) inches from upper surface of top rail to surface of tread in line with face of riser at forward edge of tread.

(3)

(i) A standard toeboard shall be four (4) inches minimum in vertical height from its top edge to the level of the floor, platform, runway, or ramp. It shall be securely fastened in place and have not more than one-quarter (1/4) inch clearance above the floor level. It may be made of any substantial material, either solid, or with openings not over one (1) inch in greatest dimension.

(ii) Where material is piled to such height that a standard toeboard does not provide protection, paneling or screening from floor to intermediate rail or to top rail shall be provided.

(4)

(i) A standard handrail shall be of construction similar to a standard railing except that it is mounted on a wall or partition, and does not include an intermediate rail. It shall have a smooth surface along the top and both sides of the handrail. The handrail shall have an adequate handhold for any one (1) grasping it to avoid falling. Ends of the handrail shall be constructed so as not to constitute a projection hazard.

(ii) The height of handrails shall be not more than thirty-four (34) inches nor less than thirty (30) inches from upper surface of handrail to surface of tread, in line with face of riser or to surface of ramp.

(iii) All handrails and railing shall be provided with a clearance of approximately three (3) inches between the handrail or railing and any other object.

(5) Floor opening covers shall be of any material that meets the following strength requirements:

(i) Conduits, trenches, and manhole covers and their supports, when located in roadways, and vehicular aisles, shall be designed to carry a truck rear-axle load of at least two (2) times the maximum intended load.

(ii) The floor opening cover shall be capable of supporting the maximum intended load and so installed as to prevent accidental displacement.

(6) Skylight openings that create a falling hazard shall be guarded with a standard railing, or covered in accordance with paragraph (5)(ii) of this paragraph.

(7) Wall opening protection shall meet the following requirements:

(i) Barriers shall be of such construction and mounting that, when in place at the opening, the barrier is capable of withstanding a load of at least two hundred (200) pounds applied in any direction (except upward), with a minimum of deflection at any point on the top rail or corresponding member.

(ii) Screens shall be of such construction and mounting that they are capable of withstanding a load of at least two hundred (200) pounds applied horizontally at any point on the near side of the screen. They may be of solid construction, of grill work with openings not more than four (4) inch wide with length unrestricted.

33.6. Guarding floor and wall openings and holes.

(a) Wall hole. An opening less than thirty (30) inches but more than one (1) inch high, of unrestricted width, in any wall or partition; such as a ventilation hole or drainage scuper.

(b) Where there is a hazard of materials falling through a wall hole and the lower edge of the near side of the hole is less than four (4) inches above the floor, and the far side of the hole more than five (5) feet above the next lower level, the hole shall be protected by a standard toeboard, or an enclosing screen either of solid construction or as specified in this section.

33.7. Stairways.

(a) On all structures, two (2) or more floors (twenty (20) feet or over) in height, stairways, ladders, or ramps shall be provided for employees during the construction period.

(b) Stairway railings and guardrails shall meet the requirements of Section 33.5., paragraphs (e) and (f) of these regulations.

(c) All parts of stairways shall be free of hazardous projections, such as protruding nails.

(d) Debris, and other loose materials, shall not be allowed on or under stairways.

(e) Slippery conditions on stairways shall be eliminated as soon as possible after they occur.

(f) Permanent steel or other metal stairways, and landings with hollow pan-type treads that are to be filled with concrete or other materials, when used during construction, shall be filled to the level of the nosing with solid material. The requirement shall not apply during the period of actual construction of the stairways themselves.

(g) Wooden treads for temporary service shall be full width.

(h) Metal landings shall be secured in place before filling.

(i) Temporary stairs shall have a landing not less than thirty (30) inches in the direction of travel at every twelve (12) feet of vertical rise.

(j) Stairs shall be installed at angles to the horizontal between thirty (30) degrees and fifty (50) degrees.

(k) Rise height and tread width shall be uniform throughout any flight of stairs including any foundation structure used as one (1) or more treads of the stairs.

(l) All stairs shall be lighted in accordance with this section.

(m) Spiral stairways shall not be permitted except for special limited usage and secondary access situations where it is not practical to provide a conventional stairway.

33.8. Definitions applicable to this subject.

(a) "Floor Hole" an opening measuring less than twelve (12) inches but more than one (1) inch in its least dimension in any floor, roof, or platform through which materials but not persons may fall, such as belt hold, pipe opening, or slot opening.

(b) "Floor Opening" an opening measuring twelve (12) inches or more in its least dimension in any floor, roof, or platform through which persons may fall.

(c) "Handrail" a bar or pipe supported on brackets from a wall or partition, as on a stariway or ramp, to furnish persons with a handhold in case of tripping.

(d) "Nose, Nosing" that portion of a tread projecting beyond the face of the riser immediately below.

(e) "Platform" a working space for persons, elevated above the surrounding floor or ground, such as a balcony or platform for the operation of machinery and equipment.

(f) "Runway" a passageway for persons, elevated above the surrounding floor or ground level, such as a footwalk along shafting or a walkway between buildings.

(g) "Rise" the vertical distance from the top of a tread to the top of the next higher tread.

(h) "Stair Platform" an extended step or landing breaking a continuous run of stairs.

(i) "Stair Railing" a vertical barrier erected along exposed sides of a stariway to prevent falls of persons.

(j) "Stairs, Stairways" a series of steps leading from one (1) level or floor to another, or leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment that are used more or less continuously or routinely by employees or only occasionally by specific individuals. For the purpose of this subpart, a series of steps and landings having three (3) or more rises constitutes stairs or stairway.

(k) "Standard Railing" a vertical barrier erected along exposed edges of a floor opening, wall opening, ramp, platform, or runway to prevent falls of persons.

(l) "Standard Strength and Construction" any construction of railings, covers, or other guards that meets the requirements of this subpart.

(m) "Toeboard" a vertical barrier at floor level erected along exposed edges of a floor opening, platform, runway, or ramp to prevent falls of materials.

(n) "Tread Width" the horizontal distance from front to back of tread, including nosing, when used.

(o) "Wall Opening" an opening at least thirty (30) inches high and eighteen (18) inches wide, in any wall or partition, through which persons may fall, such as a yardarm doorway or chute opening.

W. Va. Code R. § 36-23-34 Cranes, Derricks, Hoists, Elevators, and Conveyors

34.1. Cranes and derricks.

(a) General requirements.

(1) The employer shall comply with the manufacturer's specifications and limitations applicable to the operation of any and all cranes and derricks.

When manufacturer's specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a qualified engineer competent in this field and such determinations will be appropriately documented and recorded. Attachments used with cranes shall not exceed the capacity, rating, or scope recommended by the manufacturer.

(2) Rated load capacities, and recommended operating speeds, special hazard warnings, or instruction, shall be conspicuously posted on all equipment. Instructions or warnings shall be visible to the operator while he is at his control station.

(3) Hand signals to crane and derrick operators shall be those prescribed by the applicable ANSI standard for the type of crane in use. An illustration of the signals shall be posted at the job site.

(4) The employer shall designate a competent person who shall inspect all machinery and equipment each shift prior to each use, and during use, to make sure it is in safe operating condition. Any deficiencies shall be repaired, or defective parts replaced, before continued use.

(5) A thorough, annual inspection of the hoisting machinery shall be made by a competent person, or by a private agency recognized by the United States Department of Labor. The employer shall maintain a record of the time and dates and results of each inspection for each hoisting machine and piece of equipment.

(6) Wire rope shall be taken out of service when any of the following conditions exist:

(i) In running ropes, six (6) randomly distributed broken wires or three (3) broken wires in one (1) lay;

(ii) Wear of one-third (1/3) the original diameter of outside individual wires. Kinking, crushing, bird caging, or any other damage resulting in distortion of the rope structure;

(iii) Evidence of any heat damage from any cause;

(iv) Reductions from nominal diameter of more than one-sixty-fourth (1/64) inch for diameters up to and including five-sixteenths (5/16) inch, one-thirty-two (1/32) inches for diameters three-eights (3/8) inch to and including one-half (1/2) inch, three-sixty-fourths (3/64) inch, for diameters nine-sixteenths (9/16) inch to and including three-fourths (3/4) inch, one-sixteenths (1/16) inch for diameters seven-eights (7/8) inch to one and one-eights (1 1/8) inches inclusive, three-thirty-two (3/32) inch for diameters one and one-quarter (1 1/4) to one and one-half (1 1/2) inches inclusive;

(v) In standing ropes, more than two (2) broken wires in one (1) lay in sections beyond end connections or more than one (1) broken wire at an end connection.

(vi) Wire rope safety factors shall be in accordance with American National Standards Institute B30.5-1968 or SAE J959-1966.

(7) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, chains, or other reciprocating, rotating, or other moving parts or equipment shall be guarded if such parts are exposed to contact by employees or otherwise create a hazard. Guarding shall meet the requirements of the American National Standards Institute B15.1-1958 Rev. Safety code for Mechanical Power Transmission Apparatus.

(8) Accessible areas within the swing radius of the rear of the rotating superstructure of the crane, either permanently or temporarily mounted, shall be barricaded in such a manner as to prevent an employee from being struck or crushed by the crane.

(9) All exhaust pipes shall be guarded or insulated in areas where contact by employees is possible in the performance of normal duties.

(10) Whenever internal combustion engine powered equipment exhausts in enclosed spaces, tests shall be made and recorded to see that employees are not exposed to unsafe concentrations of toxic gases or oxygen deficient atmospheres.

(11) All windows in cabs shall be of safety glass, or equivalent, that introduces no visible distortion that will interfere with the safe operation of the machine.

(12)

(i) Where necessary for rigging or service requirements, a ladder, or steps, shall be provided to give access to a cab roof.

(ii) Guardrails, handholds, and steps shall be provided on cranes for each access to the car and cab, conforming the ANSI B30.5.

(iii) Platforms and walkways shall have anti-skid surfaces.

(13) Fuel tank filler pipe shall be located in such a position, or protected in such a manner, as not to allow spill or overflow to run onto the engine, exhaust, or electrical equipment of any machine being fueled.

(i) An accessible fire extinguisher of 5BC rating, or higher, shall be available at all operator stations or cabs of equipment.

(ii) All fuels shall be transported, stored, and handled to meet the rules of Subpart F of this part. When fuel is transported by vehicles on public highways Department of Transportation rules contained in 49 CFR Parts 177 and 393 concerning such vehicular transportation are considered applicable.

(14) Except where electrical distribution and transmission lines have been deenergized and visibly grounded at point of work or where insulating barriers, not a part of or an attachment to the equipment or machinery, have been erected to prevent physical contact with the lines, equipment or machines shall be operated proximate to power lines only in accordance with the following:

(i) For lines rated fifty (50)kV. or below, minimum clearance between the lines and any part of the crane or load shall be ten (10) feet;

(ii) For lines rated over fifty (50)kV., minimum clearance between the lines and any part of the crane or load shall be ten (10) feet plus four-tenths (0.4) inch for each one (1)kV. over fifty (50)kV., or twice the length of the line insulator, but never less than ten (10) feet;

(iii) In transit with no load and boom lowered, the equipment clearance shall be a minimum of four (4) feet for voltages, less than forty (40)kV., up to and including three hundred forty-five (345)kV. and sixteen (16) feet for voltages up to and including seven hundred fifty (750)kV;

(iv) A person shall be designated to observe clearance of the equipment and give timely warning for all operations where it is difficult for the operator to maintain the desired clearance by visual means;

(v) Cage-type boom guards, insulating links, or proximity warning devices may be used on cranes, but the use of such devices shall not alter the requirements of any other regulation of this part even if such device is required by law or regulation.

(vi) Any overhead wire shall be considered to be an energized line unless and until the person owning such line or the electrical utility authorities indicate that it is not an energized line and it has been visibly grounded;

(vii) Prior to work near transmitter towers where an electric charge can be induced in the equipment or materials begin handled, the transmitter shall be deenergized or tests shall be made to determine if electrical charge is induced on the crane. The following precautions shall be taken when necessary to dissipate induced voltages:

(a) The equipment shall be provided with an electrical ground directly to the upper rotating structure supporting the boom;

(b) Ground jumper cables shall be attached to materials being handled by boom equipment when electrical charge is induced while working near energized transmitters. Crews shall be provided with nonconductive poles having large alligator clips or other similar protection to attach the ground cable to the load; and (c) Combustible and flammable materials shall be removed from the immediate area prior to operation.

(15) No modifications or additions which affect the capacity or safe operation of the equipment shall be made by the employer without the manufacturer's written approval. If such modifications or changes are made, the capacity, operation and maintenance instruction plates, tags, or decals, shall be changed accordingly. In no case shall the original safety factor of the equipment be reduced.

(16) The employer shall comply with Power Crane and Shovel Association Mobile Hydraulic Crane Standard No. 2.

(17) Sideboom cranes mounted on wheel or crawler tractors shall meet the requirements of SAE J743-1964.

(b) Crawler, locomotive and truck cranes.

(1) All jibs shall have positive stops to prevent their movement of more than five (5) degrees above the straight line of the jib and boom on conventional type crane booms. The use of cable type belly slings does not constitute compliance with this rule.

(2) All crawler, truck or locomotive cranes in use shall meet the applicable requirements for design, inspection, construction, testing, maintenance and operation as prescribed in the ANSI B30.5-1968, Safety Code for Crawler Locomotives and Truck Cranes.

(c) Hammerhead tower cranes.

(1) Adequate clearance shall be maintained between moving and rotating structures of the crane and fixed objects to allow the passage of employees without harm.

(2) Employees required to perform duties on the horizontal boom of hammerhead tower cranes shall be protected against falling by guardrails or by safety belts and lanyards attached to lifelines in conformance with this section.

(3) Buffers shall be provided at both ends of travel of the trolley.

(4) Cranes mounted on rail tracks shall be equipped with limit switches limiting the travel of the crane on the track and stops or buffers at each end of the tracks.

(5) All hammerhead tower cranes in use shall meet the applicable requirements for design, construction, installation, testing, maintenance, inspection and operation as prescribed by the manufacturer.

(d) Overhead and gantry cranes.

(1) The rated load of the crane shall be plainly marked on each side of the crane, and if the crane has more than one (1) hoisting unit, each hoist shall have its rated load marked on it or its load block, and this marking shall be clearly legible from the ground or floor.

(2) Bridge trucks shall be equipped with sweeps which extend below the top of the rail and project in front of the truck wheels.

(3) Except for floor-operated cranes, a gong or other effective audible warning signal shall be provided for each crane equipped with a power traveling mechanism.

(4) All overhead and gantry cranes in use shall meet the applicable requirements for design, construction, installation, inspection, testing, maintenance, inspection, and operation as prescribed in the ANSI B30.2-1967, Safety Code for overhead and gantry cranes.

(e) Derricks. All derricks in use shall meet the applicable requirements for design, construction, installation, inspection, testing, maintenance, and operations as prescribed in ANSI B30.6-1969, Safety Code for derricks.

34.2. Material hoists, personnel hoists, and elevators.

(a) General requirements.

(1) The employer shall comply with the manufacturer's specifications and limitations applicable to the operation of all hoists and elevators. Where manufacturer's specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a professional engineer competent in the field.

(2) Rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be posted on cars and platforms.

(3) Wire rope shall be removed from service when any of the following conditions exists:

(i) In hoisting ropes, six (6) randomly broken wires in one (1) rope lay or three (3) broken wires in one (1) strand in one (1) rope lay;

(ii) Abrasion, scrubbing, flattening, or peening, causing loss of more than one-third (1/3) on the original diameter of the outside wires;

(iii) Evidence of any heat damage resulting from a torch or any damage caused by contact with electrical wires;

(iv) Reduction from nominal diameter of more than three-sixty-fourths (3/64) inch for diameters up to and including three-fourths (3/4) inch; one-sixteenth (1/16) inch for diameters seven-eights (7/8) to one and one-eights (1 1/8) inches; and three-thirty-seconds (3/32) inch for diameters one and one-quarter (1 1/4) to one and one-half (1 1/2).

(4) Hoisting ropes shall be installed in accordance with the wire rope manufacturer's recommendations.

(5) The installation of live booms on hoists is prohibited.

(6) The use of endless belt-type man-lifts on construction shall be prohibited.

(b) Material hoists.

(1)

(i) Operating rules shall be established and posted at the operator's station of the hoist. Such rules shall include signal system and allowable line speed for various loads. rules and notices shall be posted on a car frame or crosshead in a conspicuous location, including the statement "No riders Allowed."

(ii) No person shall be allowed to ride on material hoists except for the purposes of inspection and maintenance.

(2) All entrances of the hoistways shall be protected by substantial gates or bars which shall guard the full width of the landing entrance. All hoistway entrance bars and gates shall be painted with diagonal contrasting colors, such as black and yellow stripes.

(i) Bars shall be not less than two (2) inch x four (4) inch wooden bars or the equivalent, located two (2) feet from the hoistway line. Bars shall be located not less than thirty-six (36) inches nor more than forty-two (42) inches above the floor.

(ii) Gates or bars protecting the entrances to hoistways shall be equipped with a latching device.

(3) Overhead protective covering of two (2) inch planking. Three-quarter (3/4) inch plywood or other solid material of equivalent strength, shall be provided on the top of every material hoist cage or platform.

(4) The operator's station of a hoisting machine shall be provided with overhead protection equivalent to tight planking not less than two (2) inches thick. The support for the overhead protection shall be of equal strength.

(5) Hoist towers may be used with or without an enclosure on all sides. However, whichever alternative is chosen, the following applicable conditions shall be met:

(i) When a hoist tower is enclosed, it shall be enclosed on all sides for its entire height with a screen enclosure of onehalf (1/2) inch mesh, No. 18 United States gauge wire or equivalent, except for landing access.

(ii) When a hoist tower is not enclosed, the hoist platform or car shall be totally enclosed (caged) on all sides for the full height between the floor and the overhead protective covering with one-half (1/2) inch mesh, No. 14 United States gauge wire or equivalent. The hoist platform enclosure shall include the required gates for loading and unloading. A six (6) foot high enclosure shall be provided on the unused sides of the hoist tower at ground level.

(6) Car arresting devices shall be installed to function in case of rope failure.

(7) All material hoist towers shall be designed by a licensed professional engineer.

(8) All material hoists shall conform to the requirements of ANSI A10.5-1969, Safety Requirements for material hoists.

(c) Personnel hoists.

(1) Hoist towers outside the structure shall be enclosed for the full height of the side or sides used for entrance and exit to the structure. At the lowest landing, the enclosure on the sides not used for exit or entrance to the structure shall be enclosed to a height of at least ten (10) feet. Other sides of the tower adjacent to floors or scaffold platforms shall be enclosed to a height of ten (10) feet above the level of such floors or scaffolds.

(2) Towers inside of structures shall be enclosed on all four (4) sides throughout the full height.

(3) Towers shall be anchored to the structure at intervals not exceeding twenty-five (25) feet. In addition to tie-ins, a series of guys shall be installed. Where tie-ins are not practical the tower shall be anchored by means of guys made of wire rope at least one-half (1/2) inch in diameter, securely fastened to anchorage to ensure stability.

(4) Hoistway doors or gates shall be not less than six (6) foot six (6) inches high and shall be provided with mechanical locks which cannot be operated from the landing side, and shall be accessible only to persons on the car.

(5) Cars shall be permanently enclosed on all sides and the top, except sides used for entrance and exit which have car gates or doors.

(6) A door or gate shall be provided at each entrance to the car which shall protect the full width and height of the car entrance opening.

(7) Overhead protective covering of two (2) inch planking. Three-quarter (3/4) inch plywood or other solid material or equivalent strength shall be provided on the top of every personnel hoist.

(8) Doors or gates shall be provided with electric contacts which do not allow movement of the hoist when door or gate is open.

(9) Safeties shall be capable of stopping and holding the car and rated load when traveling at governor tripping speed.

(10) Cars shall be provided with a capacity and data plate secured in a conspicuous place on the car or crosshead.

(11) Internal combustion engines shall not be permitted for direct drive.

(12) Normal and final terminal stopping devices shall be provided.

(13) An emergency stop switch shall be provided in the car and marked "Stop".

(14) Ropes.

(i) The minimum number of hoisting ropes shall be three (3) for traction hoists and two (2) for drum-type hoists.

(ii) The minimum diameter of hoisting and counterweight wire ropes shall be one-half (1/2) inch.

(iii) Safety factors: (See Table 46).

(15) Following assembly and erection of hoists and before being put in service, an inspection and tests of all functions and safety devices shall be made under the supervision of a competent person. A similar inspection and test is required following major alteration of an existing installation. All hoists shall be inspected and tested at not more than three (3) month intervals. Records shall be maintained and kept on file for the duration of the job.

(16) All personnel hoists used by employees shall be constructed of materials and components which meet the specifications for materials, construction, safety devices, assembly, and structural integrity as stated in the ANSI A10.4-1963; Safety Requirements for Workmen's Hoists. The requirements of this subparagraph (16) do not apply to cantilever type personnel hoists.

(17)

(i) Personnel hoists used in bridge tower construction shall be approved by a registered professional engineer and erected under the supervision of a qualified engineer competent in this field.

(ii) When a hoist tower is not enclosed, the hoist platform or car shall be totally enclosed (caged) on all sides for the full height between the floor and the overhead protective covering with three-quarter (3/4) inch mesh of No. 14 United States gauge wire or equivalent. The hoist platform enclosure shall include the required gates for loading and unloading.

(iii) These hoists shall be inspected and maintained on a weekly basis. Whenever the hoisting equipment is exposed to winds exceeding thirty-five (35) miles per hour it shall be inspected and put in operable condition before reuse.

(iv) Wire rope shall be taken out of service when any of the following conditions exist:

(a) In running ropes, six (6) randomly distributed broken wires in one (1) lay or three (3) broken wires in one (1) strand in one (1) lay;

(b) Wear of one-third (1/3) the original diameter of outside individual wires. Kinking, crushing, bird caging, or any other damage resulting in distortion of the rope structure;

(c) Evidence of any heat damage from any cause;

(d) Reductions from nominal diameter of more than three-sixtyfourths (3/64) inch for diameters to and including three-quarter (3/4) inch, one and one-sixteenth (1 1/16) inch for diameters seven-eights (7/8) inch to one and one-eights (1 1/8) inch inclusive, three-thirty-seconds (3/32) inch for diameters one and one-quarter (1 1/4) to one and one-half (1 1/2) inch inclusive;

(e) In standing ropes, more than two (2) broken wires in one (1) lay in sections beyond end connections or more than one (1) broken wire at end connection.

(f) Permanent elevators under the care of the employer and used by employees for work covered by this regulation, shall comply with the requirements of ANSI A17.1-1965 with addenda A17.1a-1967,A17.1b-1968, A16.1c-1969, A16.1d-1976, and inspected in accordance with A16.2-1960 with addenda A16.2a-1965, A17.2b-1967.

34.3. Base-mounted drum hoists.

(a) General requirements.

(1) Exposed moving parts such as gears, projecting screws, setscrews, chain, cables, chain sprockets, and reciprocating or rotating parts, which constitute a hazard, shall be guarded.

(2) All controls used during the normal operation cycle shall be located within easy reach of the operator's station.

(3) Electric motor operated hoists shall be provided with:

(i) A device to disconnect all motors from the line upon power failure and not permit any motor to be restarted until the controller handle is brought to the "Off" position;

(ii) Where applicable, an overspeed preventive device;

(iii) A means whereby remotely operated hoists stop when any control is ineffective.

(4) All base-mounted drum hoists in use shall meet the applicable requirements for design, construction, installation, testing, inspection, maintenance and operations, as prescribed by the manufacturer.

34.4. Overhead hoists.

(1) The safe working load of the overhead hoist, as determined by the manufacture, shall be indicated on the hoist, and this safe working load shall not be exceeded.

(2) The supporting structure to which the hoist is attached shall have a safe working load equal to that of the hoist.

(3) The support shall be arranged so as to provide for free movement of the hoist and shall not restrict the hoist from lining itself up with the load.

(4) The hoist shall be installed only in locations that will permit the operator to stand clear of the load at all times.

(5) Air hoists shall be connected to an air supply of sufficient capacity and pressure to safely operate the hoist. All air hoses supplying air shall be positively connected to prevent their becoming disconnected during use.

(6) All overhead hoists in use shall meet the applicable requirements for construction, design, installation, testing, inspection, maintenance and operation, as prescribed by the manufacturer.

34.5. Conveyors.

(a) General requirements.

(1) Means for stopping the motor or engine shall be provided at the operator's station. Conveyor systems shall be equipped with an audible warning signal to be sounded immediately before starting up the conveyor.

(2) If the operator's station is at a remote point, similar provisions for stopping the motor or engine shall be provided at the motor or engine location.

(3) Emergency stop switches shall be arranged so that the conveyor cannot be started again until the actuating stop switch has been reset to running or "On" position.

(4) Screw conveyors shall be guarded to prevent employee contact with turning flights.

(5) Where a conveyor passes over work areas, aisles, or thoroughfares, suitable guards shall be provided to protect employees required to work below the conveyors.

(6) All crossovers, aisles and passageways shall be conspicuously marked by suitable signs, as required in these rules and regulations.

(7) Conveyors shall be locked out or otherwise rendered inoperable and tagged out with a "Do Not Operate" tag during repairs and when operation is hazardous to employees performing maintenance work.

(8) All conveyors in use shall meet the applicable requirements for design, construction, inspection, testing, maintenance and operation, as prescribed in the ANSI B20.1-1957, Safety Code for conveyors, cableways and related equipment.

34.6. Aerial lifts.

(a) General requirements.

(1) Unless otherwise provided in this section, aerial lifts acquired for use on or after the effective date of this section shall be designed and constructed in conformance with the applicable requirements of the American National Standard for vehicle mounted elevating and rotating work platforms; ANSI A92.2-1969, including appendix. Aerial lifts acquired before the effective date of this section, which do not meet the requirements of ANSI A92.2-1969, may not be used after January 1, 1976, unless they shall have been modified so as to conform with the applicable design and construction requirements of ANSI A92.2-1969. Aerial lifts include the following types of vehicle-mounted aerial devices used to elevate personnel to job sites above the ground:

(i) Extensible boom platform;

(ii) Aerial ladders;

(iii) Articulating boom platforms;

(iv) Vertical towers; and (v) A combination of any of the above.

Aerial equipment may be made of metal, wood, fiberglass reinforced plastic, or other material; may be powered or manually operated; and are deemed to be aerial lifts whether or not they are capable of rotating about a substantially vertical axis.

(2) Aerial lifts may be "Field Modified" for uses other than those intended by the manufacturer provided the modification has been certified in writing by the manufacturer or by any other equivalent entity, such as a nationally recognized testing laboratory to be in conformity with all applicable provisions of ANSI A92.2-1969 and this section, and to be at least as safe as the equipment was before modifications.

(b) Specific requirements.

(1) Ladder trucks and tower trucks. Aerial ladders shall be secured in the lower traveling position by the locking device on top of the truck cab, and the manually operated device at the base of the ladder before the truck is moved for highway travel.

(2) Extensible and articulating boom platforms.

(i) Lift controls shall be tested each day prior to use to determine that such controls are in safe working condition;

(ii) Only authorized persons shall operate an aerial lift;

(iii) Belting off to an adjacent pole, structure, or equipment while working from an aerial lift shall not be permitted;

(iv) Employees shall always stand firmly on the floor of the basket, and shall not sit or climb on the edge of the basket or use planks, ladders, or other devices for a work position;

(v) A body belt shall be worn and a lanyard attached to the boom or basket when working from aerial lift;

(vi) Boom and basket load limits specified by the manufacturer shall not be exceeded;

(vii) The brakes shall be set and when outriggers are used, they shall be positioned on pads or a solid surface. Wheel chocks shall be installed before using an aerial lift on an incline, provided they can be safely installed;

(viii) An aerial lift truck shall not be moved when the boom is elevated in a working position with men in the basket, except for equipment which is specifically designed for this type of operation in accordance with the provisions of subparagraphs (1) and (2) of paragraph (a) of this subsection;

(ix) Articulating boom and extensible boom platforms, primarily designed as personnel carriers, shall have both platform (upper) and lower controls. Upper controls shall be in or beside the platforms within easy reach of the operator. Lower controls shall provide for overriding the upper controls. Controls shall be plainly marked as to their function. Lower level controls shall not be operated unless permission has been obtained from the employee in the lift, except in case of emergency;

(x) Climbers shall not be worn while performing work from an aerial lift;

(xi) The insulated portion of an aerial lift shall not be altered in any manner that might reduce its insulating value; and (xii) Before moving an aerial lift for travel, the boom(s) shall be inspected to see that it is properly cradled and outriggers are in stowed position except as provided in subdivision (viii) of this subparagraph.

(3) Electrical tests. All electrical tests shall conform to the requirements of ANSI A92.2-1969, Section 5. However, equivalent D.C. voltage tests may be used in lieu of the A.C. voltage specified in A92.2-1969, D.C. voltage tests which are approved by the equipment manufacturer or equivalent entity shall be considered an equivalent test for the purpose of this subparagraph.

(4) Bursting safety factor. The provisions of the American National Standards Institute, Standard ANSI A92.2-1969, Section 4.9, Bursting Safety Factor shall apply to all critical hydraulic and pneumatic components are those in which a failure would result in a free fall or free rotation of the boom. All noncritical components shall have a bursting safety factor of at least two (2) to one (1).

(5) Welding standards. All welding shall conform to the following standards as applicable:

(i) Standard qualification procedure, AWS B3.0-41;

(ii) Recommended practices for automotive welding design, AWS D8.4-61;

(iii) Standard qualifications of welding procedures and welders for piping and tubing, AWS D10.9-69; and (iv) Specifications for welding highway and railway bridges, AWS D2.0-69.

W. Va. Code R. § 36-23-35 Motor Vehicles, Mechanized Equipment, and Marine Operations

35.1. Equipment.

(a) General requirements.

(1) All equipment left unattended at night, adjacent to a highway in normal use, or adjacent to construction areas where work is in progress, shall have appropriate lights or reflectors or barricades equipped with appropriate light or reflectors, to identify the location of the equipment.

(2) A safety tire rack, cage, or equivalent protection shall be provided and used when inflating, mounting, or dismounting tires installed on split rims, or rims equipped with locking rings or similar devices.

(3)

(i) Heavy machinery, or parts thereof, which are suspended or held aloft by use of slings, hoists, or jacks shall be substantially blocked or cribbed to prevent falling or shifting before employees are permitted to work under or between them. Bulldozer and scraper blades, end-loader buckets, dump bodies, and similar equipment, shall be either fully lowered or blocked when being repaired or when not in use. All controls shall be in a neutral position, with the motors stopped and brakes set, unless work being performed requires otherwise.

(ii) Whenever the equipment is parked, the parking brake shall be set. Equipment parked on the line shall have the wheels chocked and the parking brake set.

(4) The use, care and charging of all batteries shall conform to the requirements of this section.

(5) All cab glass shall be safety glass, or equivalent, that introduces no visible distortion affecting the safe operation of any machine.

(6) All equipment covered by this subpart shall comply with the requirements of these regulations when working or being moved in the vicinity of power lines or energized transmitters.

35.2. Handling materials -- general. -- Rolling railroad cars. Derail and/or bumper blocks shall be provided on spur railroad tracks where a rolling car could contact other cars being worked, enter a building, work or traffic area.

35.3. Air receivers.

(a) General requirements.

(1) Application. This section applies to compressed air receivers, and other equipment used in providing and utilizing compressed air for performing operation such as cleaning, drilling, hoisting and chipping. On the other hand, however, this section does not deal with the special problems created when men work in compressed air as in tunnels and caissons. This section is not intended to apply to compressed air machinery and equipment used on transportation vehicles such as steam railroad cars, electric railway cars, and automotive equipment.

(2) New and existing equipment.

(i) All new air receivers installed after the effective date of these regulations shall be constructed in accordance with the 1968 edition of the A.S.M.E. Boiler and Pressure Vessel Code, Section VIII.

(ii) All safety valves used shall be constructed, installed and maintained in accordance with the A.S.M.E. Boiler and Pressure Vessel Code, Section VIII, 1968 Edition.

(b) Installation and equipment requirements.

(1) Installation. Air receivers shall be so installed that all drains, handholes, and manholes therein are easily accessible. Air receivers should be supported with sufficient clearance to permit a complete external inspection and to avoid corrosion of external surfaces. Under no circumstances shall an air receiver be buried underground or located in an inaccessible place. The receiver should be located as close to the compressor or aftercooler as is possible in order to keep the discharge pipe short.

(2) Drains and traps. A drain pipe and valve shall be installed at the lowest point of every air receiver to provide for the removal of accumulated oil and water. The drain valve on the air receiver shall be opened and the receiver completely drained frequently and at such intervals as to prevent the accumulation of excessive amounts of liquid in the receiver.

(3) Gauges and valves.

(i) Every air receiver shall be equipped with an indicating pressure gauge (so located as to be readily visible) and one (1) or more spring-loaded safety valves. The total relieving capacity of such safety valves shall be such as to prevent pressure in the receiver from exceeding the maximum allowable working pressure of the receiver by more than ten (10) percent.

(ii) No valve of any type shall be placed between the air receiver and its safety valve or valves.

(iii) Safety appliances, such as safety valves, indicating devices and controlling devices, shall be constructed, located and installed so that they cannot be readily rendered inoperative by any means, including the elements.

(iv) All safety valves shall be tested frequently and at regular intervals to determine whether they are in good operating condition.

35.4. Motor vehicles.

(a) Coverage. Motor vehicles as covered by this part are those vehicles that operate within an off-highway jobsite, not open to public traffic. The requirements of this subsection do not apply to equipment for which rules are prescribed in these rules and regulations.

(b) General requirements.

(1) All vehicles shall have a service brake system, an emergency brake system, and a parking brake system. These systems may use common components and shall be maintained in operable condition.

(2)

(i) Whenever visibility conditions warrant additional light, all vehicles, or combinations of vehicles, in use shall be equipped with at least two (2) headlights and two (2) taillights in operable condition.

(ii) All vehicles, or combination of vehicles, shall have brake lights in operable condition regardless of light conditions.

(3) All vehicles shall be equipped with an adequate audible warning device at the operator's station and in an operable condition.

(4) No employer shall use any motor vehicle equipment having an obstructed view to the real unless:

(i) The vehicle has a reverse signal alarm audible above the surrounding noise level; or (ii) The vehicle is backed up only when an observer signals that it is safe to do so.

(5) All vehicles with cabs shall be equipped with windshields and powered wipers. Cracked and broken glass shall be replaced. Vehicles operating in areas or under conditions that cause fogging or frosting of the windshields shall be equipped with operable defogging or defrosting devices.

(6) All haulage vehicles, whose pay load is loaded by means of cranes, power shovels, loaders, or similar equipment, shall have a cob shield and/or canopy adequate to protect the operator from shifting or falling materials.

(7) Tools and material shall be secured to prevent movement when transported in the same compartment with employees.

(8) Vehicles used to transport employees shall have seats firmly secured and adequate for the number of employees to be carried.

(9) Seat belts and anchorages meeting the requirements of 49 CFR Part 571 (Department of Transportation, Federal Motor Vehicle Safety Standards) shall be installed in all motor vehicles.

(10) Trucks with dump bodies shall be equipped with positive means of support, permanently attached, and capable of being locked in position to prevent accidental lowering of the body while maintenance or inspection work is being done.

(11) Operating levers controlling hoisting or dumping devices on haulage bodies shall be equipped with a latch or other device which will prevent accidental starting or tripping the mechanism.

(12) Trip handles for tailgates of dump trucks shall be so arranged that, in dumping, the operator will be in the clear.

(13)

(i) All rubber-tired motor vehicles shall be equipped with fenders.

(ii) Mud flaps may be used in lieu of fenders whenever motor vehicle equipment is not designed for fenders.

(14) All vehicles in use shall be checked at the beginning of each shift to assure that the following parts, equipment, and accessories are in safe operating condition, and free of apparent damage that could cause failure while in use: Service brakes, including trailer brake connections; parking system (hand brake); emergency stopping system (brakes); tires; horn; steering mechanism; coupling devices; seat belts; operating controls and safety devices. All defects shall be corrected before the vehicle is placed in service. These requirements also apply to equipment such as lights, reflectors, windshield wipers, defrosters, fire extinguishers, etc., where such equipment is necessary.

35.5. Material handling equipment.

(a) Earthmoving equipment; general.

(1) These rules apply to the following types of earthmoving equipment; scrapers, loaders, crawler or wheel tractors, bulldozers, off-highway trucks, graders, agricultural and industrial tractors, and similar equipment. The promulgation of specific rules for compactors and rubber-tired"Skid-Steer" equipment is reserved pending consideration of standards currently being developed.

(2) Seat belts.

(i) Seat belts shall be provided on all equipment covered by this section, and shall meet the requirements of the Society of Automotive Engineers J386-1969. Seat belts for Agricultural and Light Industrial Tractors shall meet the seat belt requirements of Society of Automotive Engineers J333A-1970: Operator protection for agricultural and light industrial tractors.

(ii) Seat belts need not be provided for equipment which is designed only for stand up operation.

(3) Access roadways and grades.

(i) No employer shall move or cause to be moved construction equipment or vehicles upon any access roadway or grade unless the access roadway or grade is constructed and maintained to accommodate safely the movement of the equipment and vehicles involved.

(ii) Every emergency access ramp and berm used by an employer shall be constructed to restrain and control runaway vehicles.

(iii) Seat belts need not be provided for equipment which does not have roll-over protective structure (ROPS) or adequate canopy protection.

(4) Brakes. All earthmoving equipment mentioned in 35.5.(a) shall have a service braking system capable of stopping and holding the equipment fully loaded, as specified in Society of Automotive Engineers SAE-J237, Loader Dozer-1971, J236, Graders-1971, and J319b, Scrapers-1971. Brake systems for self-propelled rubbertiredoff-highway equipment manufactured after January 1, 1972 shall meet the applicable minimum performance criterial set forth in the following Society of Automotive Engineers Recommended Practices:

Self-propelled scrapers ........ SAE J319b-1971 Self-propelled graders ......... SAE J236-1971 Trucks and wagons .............. SAE J166-1971 Front end loaders and dozers ....SAE J237-1971 (5) Fenders. Pneumatic-tired earthmoving haulage equipment (trucks, scrapers, tractors and trailing units) whose maximum speed exceeds fifteen (15) miles per hour, shall be equipped with fenders on all wheels to meet the requirements of Society of Automotive Engineers SAE J321-A-1970, fenders for pneumatic-tired earthmoving haulage equipment.

(6) Rollover protective structures (ROPS). See subpart W of this part for requirements for rollover protective structures and overhead protection.

(7) Specific effective dates -- brakes and fenders.

(i) Equipment mentioned in subparagraphs (4) and (5) of the paragraph, and manufactured after January 1, 1972, which is used by an employer after that date, shall comply with the applicable rules prescribed therein concerning brakes and fenders. Employers may request variations from the applicable brakes and fender standards required by this subpart. Employers wishing to seek variations from the applicable brakes and fenders rules may submit any requests for variations after the publication of this document. Any statements intending to meet the requirements should specify how the variation would protect the safety of the employees by providing for any compensating restrictions on the operations of equipment.

(8) Audible alarms.

(i) All bi-directional machines, such as rollers, compactors, front-end loaders, bulldozers, and similar equipment, shall be equipped with a horn, distinguishable from the surrounding noise level, which shall be operated as needed when the machine is moving in either direction. The horn shall be maintained in an operative condition.

(ii) No employer shall permit earthmoving or compacting equipment which has an obstructed view to the rear to be used in reverse gear unless the equipment has in operation a reverse signal alarm distinguishable from the surrounding noise level or an employee signals that it is safe to do so. Where equipment is operated in close proximity to employees, a signal man shall be designated to direct the operation of the equipment.

(9) Scissor points. Scissor points on all front-end loaders, which constitute a hazard to the operator during normal operation, shall be guarded.

(b) Excavating and other equipment.

(1) Tractors covered in paragraph (a) of this section shall have seat belts as required for the operators when seated in the normal seating arrangement for tractor operation, even though back-hoes, breakers, or other similar attachments are used on these machines for excavating or other work.

(2) For the purposes of this subpart, the nomenclatures and descriptions for measurement of dimensions of machinery and attachments shall be as described in the Society of Automotive Engineers 1970 handbook, pages one thousand eighty-eight (1088) through one thousand one hundred three (1103).

(3) The safety requirements, ratios, or limitations applicable to machines or attachment usage covered in power crane and shovel associations standards No. 1 and No. 2 of 1968, and No. 3 of 1969, shall be complied with, and shall apply to cranes, machines, and attachments under this section.

(c) Lifting and hauling equipment (other than equipment covered under this part).

(1) Industrial trucks shall meet the following requirements:

(i) Lift trucks, stakers, etc., shall have the rated capacity clearly posted on the vehicle so as to be clearly visible to the operator. When auxiliary removable counterweights are provided by the manufacturer, corresponding alternate rated capacities also shall be clearly shown on the vehicle. These ratings shall not be exceeded.

(ii) No modifications or additions which affect the capacity or safe operation of the equipment shall be made without the manufacturer's written approval. If such notifications or changes are made, the capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly. In no case shall the original safety factor of the equipment be reduced.

(iii) If a load is lifted by two (2) or more trucks working in unison, the proportion of the total load carried by any one (1) truck shall not exceed its capacity.

(iv) Steering or spinner knobs shall not be attached to the steering wheel unless the steering mechanism is of a type that prevents road reactions from causing the steering handwheel to spin. The steering knob shall be mounted within the periphery of the wheel.

(v) All high lift rider industrial trucks shall be equipped with overhead guards which meet the configuration and structural requirements as defined in paragraph 421 of American National Standards Institute B56.1-1969, safety standards for powered industrial trucks.

(vi) All industrial trucks in use shall meet the applicable requirements of design, construction, stability, inspection, testing, maintenance, and operation as defined in American National Standards Institute B56.1-1969, safety standards for powered industrial trucks.

35.6. Pile driving equipment.

(a) General requirements.

(1) Boilers and piping systems which are a part of, or used with, pile driving equipment shall meet the applicable requirements of the American Society of Mechanical Engineers, Power boilers (Section 1).

(2) All pressure vessels which are a part of, or used with, pile driving equipment shall meet the applicable requirements of the American Society of Mechanical Engineers, Pressure Vessels (Section 8).

(3) Overhead protection, which will not obscure the vision of the operator and which meets the requirements of these regulations, shall be provided. Protection shall be the equivalent of two (2) inch planking or other solid material of equivalent strength.

(4) Stop blocks shall be provided for the leads to prevent the hammer from being raised against the head block.

(5) A blocking device, capable of safely supporting the weight of the hammer, shall be provided for placement in the leads under the hammer at all times while employees are working under the hammer.

(6) Guards shall be provided across the top of the head block to prevent the cable from jumping out of the sheaves.

(7) When the leads must be inclined in the driving of batter piles, provisions shall be made to stabilize the leads.

(8) Fixed leads shall be provided with ladder, and adequate rings, or similar attachment points, so that the loft worker may engage his safety belt lanyard to the leads. If the leads are provided with loft platform(s), such platform(s) shall be protected by standard guardrails.

(9) Steam hose leading to a steam hammer or jet pipe shall be securely attached to the hammer with an adequate length of at least one-quarter (1/4) inch diameter chain or cable to prevent whipping in the event the hoist at the hammer is broken. Air hammer hoses shall be provided with the same protection as required for steam lines.

(10) Safety chains, or equivalent means, shall be provided for each hose connection to prevent the line from thrashing around in case the coupling becomes disconnected.

(11) Steam line controls shall consist of two (2) shutoff valves, one (1) of which shall be a quick-acting lever type within easy reach of the hammer operator.

(12) Guys, outriggers, thrustouts, or counter-balances shall be provided as necessary to maintain stability of pile driver rigs.

(b) Pile driving from barges and floats. Barges or floats supporting pile driving operations shall meet the applicable requirements of these regulations.

(c) Pile driving equipment.

(1) Engineers and winchmen shall accept signals only from the designated signalmen.

(2) All employees shall be kept clear when piling is being hoisted into the leads.

(3) When piles are being driven in an excavated pit, the walls of the pit shall be sloped to the angle of repose or sheet-piled and braced.

(4) When steel tube piles are being "Blown Out", employees shall be kept well beyond the range of falling materials.

(5) When it is necessary to cut off the tops of driven piles, pile driving operations shall be suspended except where the cutting operations are located at least twice the length of the longest pile from the driver.

(6) When driving jacked piles, all access pits shall be provided with ladders and bulkheaded curbs to prevent material from falling into the pit.

W. Va. Code R. § 36-23-36 Excavations, Trenching, and Shoring

36.1. General protection requirements.

(a) Walkways, runways, and sidewalks shall be kept clear of excavated material or other obstructions and no sidewalks shall be undermined unless shored to carry a minimum live load of one hundred and twenty-five (125) pounds per square foot.

(b) If planks are used for raised walkways, runways, or sidewalks, they shall be laid parallel to the length of the walk and fastened together against displacement.

(c) Planks shall be uniform in thickness and all exposed ends shall be provided with beveled cleats to prevent tripping.

(d) Raised walkways, runways, and sidewalks shall be provided with plank steps on strong stringers. Ramps, used in lieu of steps, shall be provided with cleats to insure a safe walking surface.

(e) All employees shall be provided with and protected with personal protective equipment for the protection of the head, eyes, respiratory organs, hands, feet and other parts of the body.

(f) Employees exposed to vehicular traffic shall be provided with and shall be instructed to wear warning vests marked with or made of reflectorized or high visibility material.

(g) Employees subjected to hazardous dusts, gases, fumes, mists, or atmospheres deficient in oxygen, shall be provided with and protected with approved respiratory protection.

(h) No person shall be permitted under loads handled by power shovels, derricks, or hoists. to avoid any spillage employees shall be required to stand away from any vehicle being loaded.

(i) Daily inspections of excavations shall be made at the beginning of and periodically during each shift by a certified and competent person. If evidence of possible cave-ins or slides is apparent, all work in the excavation shall cease until the necessary precautions have been taken to safeguard the employees.

36.2. Specific excavation requirements.

(a) Prior to opening and excavation, effort shall be made to determine whether underground installations; i.e., sewer, telephone, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the estimated location of such an installation, the exact location shall be determined and when it is uncovered, proper supports shall be provided for the existing installation. Utility companies shall be contacted and advised of proposed work prior to the start of actual excavation.

(b) Trees, boulders, and other surface encumbrances, located so as to create a hazard to employees involved in excavation work or in the vicinity thereof at any time during operations, shall be removed or made safe before excavating is begun.

(c) The walls and faces of all excavations in which employees are exposed to danger from moving ground shall be guarded by a shoring system, sloping of the ground, or some other equivalent means.

(d) Excavations shall be inspected by a competent and certified person after every rainstorm or other hazard-increasing occurrence, and the protection against slides and cave-ins shall be increased if necessary.

(e) The determination of the angle of repose and design of the supporting system shall be based on careful evaluation of pertinent factors such as :

Depth or cut; anticipated changes in materials from exposure to air, sun, water, or freezing; loading imposed by structures, equipment, overlying material, or stored material; and vibration from equipment, blasting, traffic, or other sources.

(f) supporting systems; i.e., piling, cribbing, shoring, etc., shall be designed by a qualified person and meet accepted engineering requirements. When tie rods are used to restrain the top of the sheeting or other retaining systems, the rods shall be securely anchored well back of the angle of repose. When tight sheeting or sheet piling is used, full loading due to groundwater table shall be assumed, unless prevented by weep holes or drains or other means. Additional stringers, ties, and bracing shall be provided to allow for any necessary temporary removal of individual supports.

(g) All slopes shall be excavated to at least the angle of repose except for areas where solid rock allows for line drilling or presplitting.

(h) the angle of repose shall be flattened when an excavation has water conditions, silty materials, loose boulders, and areas where erosion, deep frost action, and slide planes appear.

(i)

(1) In excavations which employees may be required to enter, excavated or other material shall effectively be stored and retained at least two (2) feet or more from the edge of the excavation.

(2) As an alternative to the clearance prescribed in subparagraph (1) of this paragraph, the employer may use effective barriers or other retaining devices in lieu thereof in order to prevent excavated or other materials from falling into the excavation.

(j) Sides, slopes, and faces of all excavations shall meet accepted engineering requirements by scaling, benching, barricading, rock bolting, wire meshing, or other equally effective means. Special attention shall be given to slopes which may be adversely affected by weather or moisture content.

(k) Support systems shall be planned and designed by a qualified person when excavation is in excess of twenty (20) feet in depth, adjacent to structures or improvements, or subject to vibration or ground water.

(l) Materials used for sheeting, sheet piling, cribbing, bracing, shoring, and underpinning shall be in good serviceable condition, and timbers shall be sound, free from large or loose knots, and of proper dimensions.

(m) Special precautions shall be taken in sloping or shoring the sides of excavations adjacent to a previously back-filled excavation or a fill, particularly when the separation is less than the depth of the excavation. Particular attention also shall be paid to joints and seams of material comprising a face and the slope of such seams and joints.

(n) Except in hard rock, excavations below the level of the base of footing of any foundation or retaining wall shall not be permitted, unless the wall is underpinned and all other precautions taken to insure the stability of the adjacent walls for the protection of employees involved in excavation work or in the vicinity thereof.

(o) If the stability of adjoining buildings or walls is endangered by excavations, shoring, bracing, or underpinning shall be provided as necessary to insure their safety. Such shoring, bracing, or underpinning shall be inspected daily or more often, as conditions warrant, by a competent person and the protection effectively maintained.

(p) Diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering an excavation and to provide adequate drainage of the area adjacent to the excavation. Water shall not be allowed to accumulate in an excavation.

(q) It is necessary to place or operate power shovels, derricks, trucks, materials, or other heavy objects on a level above and near an excavation, the side of the excavation shall be sheet-piled, shored, and braced as necessary to resist the extra pressure due to such superimposed loads.

(r) Blasting and the use of explosives shall be performed in accordance with these rules and regulations.

(s) When mobile equipment is utilized or allowed adjacent to excavations, substantial stop logs or barricades shall be installed. If possible, the grade should be away from the excavation.

(t) Adequate barrier physical protection shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or covered. Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall be back-filled.

(u) If possible, dust conditions shall be kept to a minimum by the use of water, salt, calcium chloride, oil, or other means.

(v) In locations where oxygen deficiency or gaseous conditions are possible, air in the excavation shall be tested, immediately prior to working entering such area; at least every two (2) hours and as often as necessary to protect the safety of the workers. Controls, as set forth in these regulations, shall be established to assure acceptable atmospheric conditions.

When flammable gases are present, adequate ventilation shall be provided or sources of ignition shall be eliminated. Attended emergency rescue equipment, such as breathing apparatus, a safety harness and line, basket stretcher, etc., shall be readily available where adverse atmospheric conditions may exist or develop in an excavation.

(w) Where employees or equipment are required or permitted to cross over excavations, walkways or bridges with standard guardrails shall be provided.

(x) Where ramps are used for employees or equipment, they shall be designed and constructed by qualified persons in accordance with accepted engineering requirements.

(y) All ladders used on excavation operations shall be in accordance with the requirements of these regulations.

36.3. Specific trenching requirements.

(a) Banks more than five (5) feet high shall be shored, laid back to a stable slope, or some other equivalent means of protection shall be provided where employees may be exposed to moving ground or cave-ins. Refer to Table 47 as a guide in sloping of banks. Trenches less than five (5) feet in depth shall also be effectively protected when examination of the ground indicates hazardous ground movement may be expected.

(b) Sides of trenches is unstable or soft material, five (5) feet or more in depth, shall be shored, sheeted, braced, sloped, or otherwise supported by means of sufficient strength to protect the employees working within them. See Tables 47 and 48.

(c) Sides of trenches in hard or compact soil, including embankments, shall be shored or otherwise supported when the trench is more than five (5) feet in depth and eight (8) feet or more in length. In lieu of shoring, the sides of the trench above the five (5) foot level may be sloped to preclude collapse, but shall not be steeper than a one (1) foot rise to each one-half (1/2) foot horizontal. When the outside diameter of a pipe is greater than six (6) feet, a bench of four (4) foot minimum shall be provided at the toe of the sloped portion.

(d) Materials used for sheeting and sheet piling, bracing, shoring, and underpinning, shall be in good serviceable condition, and timbers used shall be sound and free from large or loose knots, and shall be designed and installed so as to be effective to the bottom of the excavation.

(e) Additional precautions by way of shoring and bracing shall be taken to prevent slides or caveins when excavations or trenches are made in locations adjacent to backfilled excavations, or where excavations are subjected to vibrations from railroad or highway traffic, the operation of machinery, or any other source.

(f) Employees entering bell-bottom pier holes shall be protected by the installation of a removable-type casing of sufficient strength to resist shifting of the surrounding earth. Such temporary protection shall be provided for the full depth of that part of each pier hole which is above the bell. A lifeline, suitable for instant rescue and securely fastened to a shoulder harness, shall be worn by each employee entering the shafts. This lifeline shall be individually manned and separate from any line used to remove materials excavated from the bell footing.

(g)

(1) Minimum requirements for trench timbering shall be in accordance with Table 48.

(2) Braces and diagonal shores in a wood shoring system shall not be subjected to compressive stress in excess of values given by the following formula:

S = 1300 - 20L/D

Maximum ratio L/D = 50 Where:

L = Length, unsupported, in inches D = Least side of the timber, in inches S = Allowable stress in pounds per square inch of cross-section (h) When employees are required to be in trenches four (4) feet deep or more, an adequate means of exit, such as a ladder or steps, shall be provided and located so as to require no more than twenty-five (25) feet of lateral travel.

(i) Bracing or shoring of trenches shall be carried along with the excavation.

(j) Cross braces or trench jacks shall be placed in true horizontal position, be spaced vertically, and be secured to prevent sliding, falling, or kickouts.

(k) Portable trench boxes or sliding trench shield may be used for the protection of personnel in lieu of a shoring system or sloping. Where such trench boxes or shields are used, they shall be designed, constructed, and maintained in a manner which will provide protection equal to or greater than the sheeting or shoring required for the trench.

(l) Backfilling and removal of trench supports shall progress together from the bottom of the trench. Jacks or braces shall be released slowly and, in unstable soil, ropes shall be used to pull out the jacks or braces from above after employees have cleared the trench.

36.4. Definitions applicable to this subsection.

(a) "Accepted Engineering Requirements (or Practice)" Those requirements or practices which are compatible with standards required by a registered architect, a registered professional engineer, or other duly licensed or recognized authority.

(b) "Angle of Repose" the greatest angle above the horizontal plane at which a material will lie without sliding.

(c) "Bank" A mass of soil rising above a digging level.

(d) "Belled Excavation" A part of a shaft or footing excavation, usually near the bottom and bell-shaped; i.d., an enlargement of the cross section above.

(e) "Braces (Trench)" The horizontal members of the shoring system whose ends bear against the uprights or stringers.

(f) "Excavation" Any manmade cavity or depression in the earth's surface, including its sides, walls, or faces, formed by earth removal and producing unsupported earth conditions by reasons of the excavation. If installed forms or similar structures reduce the depth-to-width relationship, an excavation may become a trench.

(g) "Faces" See paragraph (k) of this section.

(h) "hard compact Soil" All earth materials not classified as running or unstable.

(i) "Kickouts" Accidental release or failure of a shore or brace.

(j) "Sheet Pile" A pile, or sheeting, that may form one (1) of a continuous interlocking line, or a row of timber, concrete, or steel piles, driven in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth, or other materials.

(k) "sides," "Walls," or "Faces" The vertical or inclined earth surfaces formed as a result of excavation work.

(l) "Slope" The angle with the horizontal at which a particular earth material will stand indefinitely without movement.

(m) "Stringers (Wales)" the horizontal members of a shoring system whose sides beat against the uprights or earth.

(n) "Trench" A narrow excavation made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench is not greater than fifteen (15) feet.

(o) "Trench Jack" Screw or hydraulic type jacks used as cross bracing in a trench shoring system.

(p) "Trench Shield" A shoring system composed of steel plates and bracing, welded or bolted together, which support the walls of a trench from the ground level to the trench bottom and which can be moved along as work progresses.

(q) "Unstable Soil" Earth material, other than running, that because of its nature or the influence of related conditions, cannot be depended upon to remain in place without extra support, such as would be furnished by a system of shoring.

(r) "Uprights" The vertical members of a shoring system.

(s) "Wales" See paragraph (m) of this section.

(t) "Walls" See paragraph (k) of this section.

W. Va. Code R. § 36-23-37 Concrete, Concrete forms, and Shoring

37.1. General provisions.

(a) General. -- All equipment and materials used in concrete construction and masonry work shall meet the applicable requirements for design, construction, inspection, testing, maintenance and operations, as prescribed in ANSI A10.9-1970, safety requirements for concrete construction and masonry work.

(b) Reinforcing steel.

(1) Employees working more than six (6) feet above any adjacent working surfaces, placing and tying reinforcing steel in walls, piers, columns, etc., shall be provided with a safetybelt, or equivalent device.

(2) Employees shall not be permitted to work above vertically protruding reinforcing steel unless it has been protected to eliminate the hazard of impalement.

(3) Guying: Reinforcing steel for walls, piers, columns, and similar vertical structures shall be guyed and supported to prevent collapse.

(4) Wiremesh rolls: Wire mesh rolls shall be secured at each end to prevent dangerous recoiling action.

(c) Bulk concrete handling. Bulk storage bins, containers, or silos shall have conical or tapered bottoms with mechanical or pneumatic means of starting the flow of material.

(d) Concrete placement.

(1) Concrete mixers. Concrete mixers equipped with one (1) yard or larger loading skips shall be equipped with a mechanical device to clear the skip of material.

(2) Guardrails. Mixers of one (1) year capacity or greater shall be equipped with protective guardrails installed on each side of the skip.

(3) Bull floats. Handles on bull floats, used where they may contact energized electrical conductors, shall be constructed of nonconductive material, or insulated with nonconductive sheath whose electrical and mechancial characteristics provide the equivalent protection of a handle constructed of nonconductive material.

(4) Powered concrete trowels. Powered and rotating-type concrete troweling machines that are manually guided shall be equipped with a control switch that will automatically shut off the power whenever the operator removes his hands from the equipment handles.

(5) Concrete buggies. Handles of buggies shall not extend beyond the wheels on either side of the buggy. Installation of knuckle guards on buggy handles is recommended.

(6) Pumpcrete systems. Pumpcrete or similar systems using discharge pipes shall be provided with pipe supports designed for one hundred (100) percent overload. compressed air hose in such systems shall be provided with positive fail safe joint connectors to prevent separation of sections when pressurized.

(7) Concrete buckets.

(i) Concrete buckets equipped with hydraulic or pneumatically operated gates shall have positive safety latches or similar safety devices installed to prevent aggregate and loose material from accumulating on the top and sides of the bucket.

(ii) Riding of concrete buckets for any purpose shall be prohibited, and vibrator crews and all other persons shall be kept out from under concrete buckets suspended from cranes or cableways.

(8) When discharging on a slope, the wheels of a ready-mix trucks shall be blocked and the brakes set to prevent movement.

(9) Nozzlement applying a cement, sand, and water mixture through a pneumatic hose shall be required to wear protective head and face equipment.

(e) Vertical shoring.

(1) General requirements.

(i) When temporary storage of reinforcing roads, material, or equipment on top of formwork becomes necessary, these areas shall be strengthened to meet the intended loads.

(ii) the sills or shoring shall be sound, rigid, and capable of carrying the maximum intended load.

(iii) All shoring equipment shall be inspected prior to erection to determine that it is as specified in the shoring layout. Any equipment found to be damaged shall not be used for shoring.

(iv) Erected shoring equipment shall be inspected immediately prior to, during, and immediately after the placement of concrete. Any shoring equipment that is found to be damaged or weakened shall be immediately reinforced or reshored.

(v) Reshoring shall be provided when necessary to safely support slabs and beams after stripping, or where such members are subjected to super-imposed loads due to construction work done.

(2) Tubular welded frame shoring.

(i) Metal tubular frames used for shoring shall not be loaded beyond the safe working load recommended by the manufacturer.

(ii) All locking devices on frames and braces shall be in good working order; coupling pins shall align the frame or panel legs; pivoted cross bracers shall have their center pivot in place; and all components shall be in a condition similar to that of original manufacturer.

(iii) When checking the erected shoring frames with the shoring layout, the spacing between towers and cross brace spacing shall not exceed that shown on the layout, and all locking devices shall be in the closed position.

(iv) Devices for attaching the external lateral stability bracing shall be securely fastened to the legs of the shoring frames.

(v) All baseplates, shore heads, extension devices, or adjustment screws shall be in firm contact with the footing sill and the form.

37.2. Forms and shoring.

(a) General provisions.

(1) Formwork and shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during placement of concrete (2) Drawings or plans showing the jack layout, formwork, shoring, working decks, and scaffolding, shall be available at the jobsite.

(3) Stripped forms and shoring shall be removed and stockpiled promptly after stripping, in all areas in which persons are required to work or pass. Protruding nails, wire ties, and other form accessories not necessary to subsequent work shall be pulled, cut, or other means taken to eliminate the hazard.

(4) Imposition of any construction loads on the partially completed structure shall not be permitted unless such loading has been considered in the design and approved by the engineer-architect.

(b) Vertical slip forms.

(1) The steel rods or pipe on which the jacks climb or by which the forms are lifted shall be specifically designed for the purpose. Such rods shall be adequately braced where not encased in concrete.

(2) Jacks and vertical supports shall be positioned in such a manner that the vertical loads are distributed equally and do not exceed the capacity of the jacks.

(3) The jacks or other lifting devices shall be provided with mechanical dogs or other automatic holding devices to provide protection in case of failure of the power supply or the lifting mechanism.

(4) Lifting shall proceed steadily and uniformly and shall not exceed the predetermined safe rate of lift.

(5) Lateral and diagonal bracing of the forms shall be provided to prevent excessive distortion of the structure during the jacking operation.

(6) During jacking operations, the form structure shall be maintained in line and plumb.

(7) All vertical lift forms shall be provided with scaffolding or work platforms completely encircling the area of placement.

(c) Tube and coupler shoring.

(1) Couplers (clamps) shall not be used if they are deformed, broken, or have defective or missing threads on bolts, or other defects.

(2) The material used for the couplers (clamps) shall be of a structural type such as drop-forged steel, malleable iron, or structural grade aluminum. Gray cast iron shall not be used.

(3) When checking the erected shoring towers with the shoring layout, the spacing between posts shall not exceed that shown on the layout, and all interlocking of tubular members and tightness of couples shall be checked.

(4) All baseplates, shore heads, extension devices, or adjustment screws shall be in firm contact with the footing sill and the formmaterial and shall be snug against the posts.

(d) Single post shores.

(1) For stability, single post shores shall be horizontally braced in both the longitudinal and transverse directions, and diagonal bracing shall also be installed. Such bracing shall be installed as the shores are being erected.

(2) All baseplates or shore heads of single post shores shall be in firm contact with the footing sill and the form materials.

(3) Whenever single post shores are used in more than one (1) tier, the layout shall be designed and inspected by structural engineer.

(4) When formwork is at an angle, or sloping, or when the surfaces shored is sloping, the shoring shall be designed for such loading.

(5) Adjustment of single post shores to raise formwork shall not be made after concrete is in place.

(6) Fabricated single post shores shall not be used if heavily rusted, bent, dented, rewelded, or having broken weldments or other defects. If they contain timber, they shall not be used if the timber is split, cut, has sections removed, is rotted, or otherwise structurally damaged.

(7) All timber and adjusting devices to be used for adjustable timber single post shores shall be inspected before erection.

(8) Timber shall not be used if it is split, cut, has sections removed, is rotted, or is otherwise structurally damaged.

(9) Adjusting devices shall not be used if heavily rusted, bent, dented, rewelded, or having broken weldments or other defects.

(10) All nails used to secure bracing or adjustable timber single post shores shall be driven home and the point of the nail bent over if possible.

37.3. Definitions applicable to this subsection.

(a) "Bull Float" A tool used to spread out and smooth the concrete.

(b) "Formwork" or Falsework" The total system of support for freshly placed concrete, including the mold sheathing which contacts the concrete as well as all supporting members, hardware, and necessary bracing.

(c) "Guy" A line that steadies a high piece or structure by pulling against an off-center load.

(d) "Shore" A supporting member that resists a compressive force imposed by a load.

(e) "Vertical Slip Forms" forms which are jacked vertically and continuously during placing of the concrete.

W. Va. Code R. § 36-23-38 Steel Erection

38.1. Flooring requirements.

(a) Permanent flooring -- skeleton steel construction in tiered buildings.

(1) The permanent floors shall be installed as the erection of structural members progresses, and there shall be not more than eight (8) stories between the erection floor and the uppermost permanent floor, except where the structural integrity is maintained as a result of the design.

(2) At no time shall there be more than four (4) floors or forty-eight (48) feet of unfinished bolting or welding above the foundation or uppermost permanently secured floor.

(b) Temporary flooring. Skeleton steel construction in tiered buildings.

(1)

(i) The derrick or erection floor shall be solidly planked or decked over its entire surface except for access openings. Planking or decking of equivalent strength, shall be of proper thickness to carry the working load.

Planking shall be not less than two (2) inches thick full size undressed, and shall be laid tight and secured to prevent movement.

(ii) On buildings or structures not adaptable to temporary floors, and where scaffolds are not used, safety nets shall be installed and maintained whenever the potential fall distance exceeds two (2) stories or thirty (30) feet. The nests shall be hung with sufficient clearance to prevent contacts with the surface of structures below.

(iii) Floor periphery -- safety railing. A safety railing of one-half (1/2) inch wire rope or equal shall be installed approximately forty-two (42) inches high, around the periphery of all temporary-planked or temporary metal-decked floors of tier buildings and other structural steel assembly.

(2)

(i) Where skeleton steel erection is being done, a tightly planked and substantial floor shall be maintained within two (2) stories or thirty (30) feet, whichever is less, below and directly under that portion of each tier of beams on which any work is being performed, except when gathering and stacking temporary floor planks on a lower floor, in preparation for transferring such planks for use on an upper floor. Where such a floor is not practicable, paragraph (b)(1)(ii) of this section applies.

(ii) When gathering and stacking temporary floor planks, the planks shall be removed successively, working toward the last panel of the temporary floor so that the work is always done from the planked floor.

(iii) When gathering and stacking temporary floor planks from the last panel, the employees assigned to such work shall be protected by safety belts with safety lines attached to a catenary line or other substantial anchorage.

(c) Flooring. Other construction.

(1) In the erection of a building having double wood floor construction, the rough flooring shall be completed as the building progresses, including the tier below the one on which floor hoists are being installed.

(2) For single wood floor or other flooring systems, the floor immediately below the story where the floor hoists are being installed shall be kept planked or decked over.

38.2. Structural steel assembly.

(a) During the final placing of solid web structural members, the load shall not be released from the hoisting line until the members are secured with not less than two (2) bolts, or the equivalent at each connection and drawn of wrench tight.

(b) Open web steel hoists shall not be placed on any structural steel framework unless such framework is safely bolted or welded.

(c)

(1) In steel framing, where bar hoists are utilized, and columns are not framed in at least two (2) directions with structural steel members, a bar hoist shall be field-bolted at columns to provide lateral stability during construction.

(2) Where longspan hoists or trusses, forty (40) feet or longer, are used, a center row of bolted bridging shall be installed to provide lateral stability during construction prior to slacking of hoisting line.

(3) No load shall be placed on open web steel hoists until these security requirements are met.

38.3. Bolting, riveting, fitting-up, and plumbing-up.

(a) General requirements.

(1) Containers shall be provided for storing or carrying rivets, bolts, and drift pins, and secured against accidental displacement when aloft.

(2) Pneumatic hand tools shall be disconnected from the power source, and pressure in hose lines shall be released, before any adjustments or repairs are made.

(3) Air line hose sections shall be tied together except when quick disconnect couplers are used to join sections.

(4) Eye protection shall be provided in accordance with these regulations.

(b) Bolting.

(1) When bolts or drift pins are being knocked out, means shall be provided to keep them from falling.

(2) Impact wrenches shall be provided with a locking device for retaining the socket.

(c) Riveting.

(1) Riveting shall not be done in the vicinity of combustible material unless precautions are taken to prevent fire.

(2) When rivet heads are knocked off, or backed out, means shall be provided to keep them from falling.

(3) A safety wire shall be properly installed on the snap and on the handle of the pneumatic riveting hammer and shall be used at all times. The wire size shall be not less than No. 9 (B & S gauge), leaving the handle and annealed No. 14 on the snap, or equivalent.

(d) Plumbing-up.

(1) Connections of the equipment used in plumbing-up shall be properly secured.

(2) The turnbuckles shall be secured to prevent unwinding while under stress.

(3) Plumbing-up guys related equipment shall be placed so that employees can get at the connection points.

(4) Plumbing-up guys shall be removed only under the supervision of a competent person.

(e) Wood planking shall be of proper thickness to carry the working load, but shall be not less than two (2) inches thick full size undressed, exterior grade plywood, at least three-quarter (3/4) inch thick, or equivalent material.

(f) Metal decking of sufficient strength shall be laid tight and secured to prevent movement.

(g) Planks shall overlap the bearing on each end by a minimum of twelve (12) inches.

(h) Wire mesh, exterior plywood, or equivalent, shall be used around columns where planks do not fit tightly.

(i) Provisions shall be made to secure temporary flooring against displacement.

(j) All unused openings in floors, temporary or permanent, shall be completely planked over or guarded.

(k) Employees shall be provided with safety belts when they are working on float scaffolds.

W. Va. Code R. § 36-23-39 Demolition

39.1. Preparatory operations.

(a) Prior to permitting employees to start demolition operations, an engineering survey shall be made by a competent person of the structure to determine the condition of the framing, floors, and walls, and possibility of unplanned collapse of any portion of the structure. Any adjacent structure where employees may be exposed shall also be similarly checked. The employer shall have in writing evidence that such a survey has been performed.

(b) When employees are required to work within a structure to be demolished which has been damaged by fire, flood, explosion, or other cause, the walls or floor shall be shored or braced.

(c) All electric, gas, water, steam, sewer and other service lines shall be shut off, capped, or otherwise controlled, outside the building line before demolition work is started. In each case, any utility company which is involved shall be notified in advance.

(d) if it is necessary to maintain any power, water or other utilities during the demolition, such lines shall be temporarily relocated, as necessary, and protected.

(e) It shall also be determined if any type of hazardous chemicals, gases, explosives, flammable materials, or similarly dangerous substances have been used in any pipes, tanks, or other equipment on the property. When the presence of any such substances is apparent or suspected, testing and purging shall be performed and the hazard eliminated before demolition is started.

(f) Where a hazard exists from fragmentation of glass, such hazards shall be removed.

(g) Where a hazard exists to employees falling through wall openings, the opening shall be protected to a height of approximately forty-two (42) inches.

(h) When debris is dropped through holes in the floor without the use of chutes, the area onto which the material is dropped shall be completely enclosed with barricades not less than forty-two (42) inches high and not less than six (6) feet back from the projected edge of the opening above. Signs, warning of the hazard of falling materials shall be posted at each level and all areas shall be guarded against entry. Removal shall not be permitted in this lower area until debris handling ceases above.

(i) All floor openings, not used as material drops, shall be covered over with material substantial enough to support the weight of any load which may be imposed. such material shall be properly secured to prevent its accidental movement.

(j) Except for the cutting of holes in floors for chutes, holes through which to drop materials, preparation of storage space, and similar necessary preparatory work, the demolition of exterior walls and floor construction shall begin at the top of the structure and proceed downward. Each story of exterior wall and floor construction shall be removed and dropped into the storage space before commencing the removal of exterior walls and floors in the story next below.

(k) Employee entrances to multi-story structures being demolished shall be completely protected by sidewalk sheds or canopies, or both, providing protection from the face of the building for a minimum of eight (8) feet. All such canopies shall be at least two (2) feet wider than the building entrances or openings (one (1) foot wider on each side thereof), and shall be capable of sustaining a load of one hundred fifty (150) pounds per square foot.

39.2. Stairs, passageways, and ladders.

(a) Only those stairways, passageways, and ladders, designated as means of access to the structure of a building, shall be used. Other access ways shall be entirely closed at all times.

(b) All stairs, passageways, ladders and incidental equipment thereto, which are covered by this section shall be periodically inspected during each shift and maintained in a clean safe condition.

(c) In a multi-story building, when a stairwell is being used, it shall be properly illuminated by either natural or artificial means, and completely and substantially covered over at a point not less than two (2) floors below the floor on which work is being performed, and access to the floor where the work is in progress shall be through a properly lighted, protected, and separate passageway.

39.2. Chutes.

(a) No material shall be dropped to any point lying outside the exterior walls of the structure unless the area is effectively protected.

(b) All material chutes, or sections thereof, at an angle of more than forty-five (45) degrees from the horizontal, shall be entirely enclosed, except for openings equipped with closures at or about floor level for the insertion of materials. The openings shall not exceed forty-eight (48) inches in height measured along the wall of the chute. At all stories below the top floor, such openings shall be kept closed when not in use.

(c) A substantial gate shall be installed in each chute at or near the discharge end. A competent employee shall be assigned to control the operation of the gate, and the backing and loading of trucks.

(d) When operations are not in progress, the area surrounding the discharge end of the chute shall be securely closed off.

(e) Any chute opening, into which workmen dump debris, shall be protected by a substantial guardrail approximately forty-two (42) inches above the floor or other surface on which the men stand to dump the material. Any space between the chute and the edge of openings in the floors through which it passes shall be solidly covered over.

(f) Where the material is dumped from mechanical equipment or wheelbarrows a securely attached toeboard or bumper, not less than four (4) inches thick and six (6) inches high, shall be provided at each chute opening.

(g) Chutes shall be designed and constructed of such strength as to eliminate failure due to impact of materials or debris loaded therein.

39.4. Removal of materials through floor openings.

Any openings cut in a floor for the disposal of materials shall be no larger in size than twenty-five (25) percent of the aggregate of the total floor area, unless the lateral supports of the removed flooring remain in place. Floors weakened or otherwise made unsafe by demolition operations shall be shored to carry safely the intended imposed load from demolition operations.

39.5. Removal of walls, masonry sections, and chimneys.

(a) masonry walls, or other sections of masonry, shall not be permitted to fall upon the floors of the building in such masses as to exceed the safe carrying capacities of the floors.

(b) No wall section, which is more than one (1) story in height, shall be permitted to stand alone without lateral bracing, unless such wall was originally designed and constructed to stand without such lateral support, and is in a condition safe enough to be selfsupporting. All walls shall be left in a stable condition at the end of each shift.

(c) Employees shall not be permitted to work on the top of a wall when weather conditions constitute a hazard.

(d) Structural or load-supporting members on any floor shall not be cut or removed until all stories above such a floor have been demolished and removed. This provision shall not prohibit the cutting of floor beams for the disposal of materials or for the installation of equipment, provided that the requirements of Section 39.4 and 39.6 of these regulations are complied with.

(e) Floor openings within ten (10) feet of any wall being demolished shall be planked solid, except when employees are kept out of the area below.

(f) In buildings of "Skeleton-Steel" construction, the steel framing may be left in place during the demolition of masonry. Where this is done, all steel beams, girders, and similar structural supports shall be cleared of all loose material as the masonry demolition progresses downward.

(g) Walkways or ladders shall be provided to enable employees to safely reach or leave any scaffold or wall.

(h) Walls, which serve as retaining walls to support earth or adjoining structures, shall not be demolished until such earth has been properly braced or adjoining structures have been properly underpinned.

(i) Walls which are to serve as retaining walls against which debris will be piled, shall not be so used unless capable of safely supporting the imposed load.

39.6. Manual removal of floors.

(a) Openings cut in a floor shall extend the full span of the arch between supports.

(b) Before demolishing any floor arch, debris and other material shall be removed from such arch and other adjacent floor area. Planks not less than two (2) inches x ten (10) inches in cross section, full size undressed, shall be provided for, and shall be used by employees to stand on while breaking down floor arches between beams. Such planks shall be so located as to provide a safe support for the workmen should the arch between the beams collapse. the open space between planks shall not exceed sixteen (16) inches.

(c) Safe walkways, not less than eighteen (18) inches wide, formed of planks not less than two (2) inches thick if wood, or of equivalent strength if metal, shall be provided and used by workmen when necessary to enable them to reach any point without walking upon exposed beams.

(d) Stringers of ample strength shall be installed to support the flooring planks, and the ends of such stringers shall be supported by floor beams or girders, and not be floor arches alone.

(e) Planks shall be laid together over solid bearings with the ends overlapping at least one (1) foot.

(f) When floor arches are being removed, employees shall not be allowed in the area directly underneath, and such an area shall be barricaded to prevent access to it.

(g) Demolition of floor arches shall not be started until they, and the surrounding floor area for a distance of twenty (20) feet, have been cleared of debris and any other necessary materials.

39.7. Removal of walls, floors, and material with equipment.

(a) Mechanical equipment shall not be used on floors or working surfaces unless such floors or surfaces are of sufficient strength to support the imposed load.

39.11. Selective demolition by explosives.

Selective demolition by explosives shall be conducted in accordance with Section 40 of these regulations.

W. Va. Code R. § 36-23-40 Blasting and The Use of Explosives

40.1. General provisions.

(a) After the effective date of the certified surface blasters rules and regulations, all persons performing blasting operations on construction projects shall be certified. The employer shall permit only authorized and qualified persons to handle and use explosives.

(b) Smoking, firearms, matches, open flame lamps, and other fires, flame or heat producing devices and sparks shall be prohibited in or near explosive magazines or while explosives are being handled, transported or used.

(c) No person shall be allowed to handle or use explosives while under the influence of intoxicating liquors, narcotics, or other dangerous drugs.

(d) All explosives shall be accounted for at all times. Explosives not being used shall be kept in a locked magazine, unavailable to persons not authorized to handle them. The employer shall maintain an inventory and use records of all explosives. Appropriate authorities shall be notified of any loss, theft, or unauthorized entry into a magazine.

(e) No explosives or blasting agents shall be abandoned.

(f) No fire shall be fought where the fire is in imminent danger of contact with explosives. All employees shall be removed to a safe area and the fire area guarded against intruders.

(g) Original containers, or Class 2 magazine, shall be used for taking detonators and other explosives from storage magazines to the blasting area.

(h) When blasting is done in congested areas or in proximity to a structure, railway, or highway, or any other installation that may be damaged, the blaster shall take special precautions in the loading, delaying, initiation, and confinement of each blast with mats or other methods so as to control the throw of fragments, and thus prevent bodily injury to employees.

(i) Employees authorized to prepare explosive charges or conduct blasting operations shall use every reasonable precaution including, but not limited to visual and audible warning signals, flags, or barricades, to ensure employee safety.

(j) Insofar as possible, blasting operations above ground shall be conducted between sunup and sundown.

(k) Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightning, adjacent power lines, dust storms, or other sources of extraneous electricity. These precautions shall include:

(1) Detonators shall be short-circuited in holes which have been primed and shunted until wired into the blasting circuit;

(2) The suspension of all blasting operations and removal of persons from the blasting area during the approach and progress of an electric storm;

(3)

(i) The prominent display of adequate signs, warning against the use of mobile radio transmitters, on all roads within one thousand (1,000) feet of blasting operations. Whenever adherence to the one thousand (1,000) foot distance would create an operational handicap, a competent person shall be consulted to evaluate the particular situation, and alternative provisions may be made which are adequately designed to prevent any premature firing of electric blasting caps. A description of any such alternatives shall be reduced to writing and shall be certified as meeting the purposes of this subdivision by the competent person consulted. The description shall be maintained at the construction site during the duration of the work and shall be available for inspection by representatives of the Secretary of Labor.

(ii) Specimens of signs which would meet the requirements of subdivision (i) of this subparagraph (3) are the following (See Table 49):

(4) Ensuring that mobile radio transmitters which are less than one hundred (100) feet away from electric blasting caps, in other than original containers shall be deenergized and effectively locked.

(5) Compliance with the recommendations of the Institute of the Makers of Explosives with regard to blasting in the vicinity of radio transmitters as stipulated in radio frequency energy-a potential hazard in the use of electric blasting caps, IME publication No. 20, March, 1971.

(l) Empty boxes and paper and fiber packing materials, which have previously contained high explosives, shall not be used again for any purpose, but shall be destroyed by burning at an approved location.

(m) Explosives, blasting agents, and blasting supplies that are obviously deteriorated or damaged shall not be used.

(n) Delivery and issue of explosives shall only be made by and to authorized persons and into authorized magazines or approved temporary storage or handling areas.

(o) Blasting operations in the proximity of overhead power lines, communication lines, utility services, or other services and structures shall not be carried on until the operators and/or owners have been notified and measures for safe control have been taken.

(p) The use of black powder shall be prohibited.

(q) All loading and firing shall be directed and directly supervised by a competent persons thorough experienced in this field.

(r) All blasts shall be fired electrically with an electric blasting machine or properly designed electric power source, except as provided in paragraphs (a) and (p) of Section 40.8 of these regulations.

40.2. Explosives and blasting agents.

(a) Buildings used for the mixing of blasting agents shall conform to the requirements of this section.

(b) Buildings shall be of noncombustible construction or sheet metal on wood studs.

(c) Floors in a mixing plant shall be of concrete or other nonabsorbent materials.

(d) All fuel oil storage facilities shall be separated from the mixing plant and located in such a manner that in case of tank rupture, the oil will drain away from the mixing plant building.

(e) The building shall be well ventilated.

(f) Heating units which do not depend on combustion processes, when properly designed and located, may be used in the building. All direct sources of heat shall be provided exclusively from units located outside the mixing building.

(g) All internal-combustion engines used for electric power generation shall be located outside the mixing plant building, or shall be properly ventilated and isolated by a fire wall. The exhaust systems on all such engines shall be located so any spark emission cannot be a hazard to any materials in or adjacent to the plant.

(h) Buildings used for the mixing of water gels shall conform to the requirements of this subdivision.

(i) Buildings shall be of noncombustible construction or sheet metal on wood stubs.

(j) Floors in a mixing plant shall be of concrete or of other nonabsorbent materials.

(k) Where fuel oil is used all fuel oil storage facilities shall be separated from the mixing plant and located in such a manner that in case of tank rupture, the oil will drain away from the mixing plant building.

(l) The building shall be well ventilated.

(m) Heating units that do not depend on combustion processes, when properly designed and located, may be used in the building. All direct sources of heat shall be provided exclusively from units located outside of the mixing building.

(n) All internal-combustion engines used for electric power generation shall be located outside the mixing plant building, or shall be properly ventilated and isolated by a fire wall. the exhaust systems on all such engines shall be located so any spark emission cannot be a hazard to any materials in or adjacent to the plant.

40.3. Blaster qualifications.

(a) A blaster shall be able to understand and given written and oral orders.

(b) A blaster shall be in good physical condition and not be addicted to narcotics, intoxicants, or similar types of drugs.

(c) A blaster shall be qualified, by training, knowledge, and experience, in the field of transporting, storing, handling, and use of explosives, and have a working knowledge of State and local laws and regulations which pertain to explosives.

(d) Blasters shall be required to furnish satisfactory evidence of competency in handling explosives and performing in a safe manner the type of blasting that will be required.

(e) The blaster shall be knowledgeable and competent in the use of each type of blasting method used.

40.4. Surface transportation of explosives.

(a) Transportation of explosives shall meet the provisions of the department of transportation's regulations contained in 14 CFR Part 103, air transportation; 46 CFR Parts 146-149, water carriers; 49 CFR Parts 171-179, highways and railways; 49 CFR Part 180, pipelines; and 49 CFR Parts 390-397, motor carriers. Motor vehicles or conveyances transporting explosives shall only be driven by, and be in charge of, a licensed driver who is physically fit. He shall be familiar with the local, State, and federal regulations governing the transportation of explosives.

(b) No person shall smoke, or carry matches or any other flame-producing device, nor shall firearms or loaded cartridges be carried while in or near a motor vehicle or conveyance transporting explosives.

(c) Explosives, blasting agents, and blasting supplies shall not be transported with other materials or cargoes. Blasting caps (including electric) shall not be transported in the same vehicle with other explosives.

(d) Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty, and shall be in good mechanical condition.

(e) When explosives are transported by a vehicle with an open body, a Class 2 magazine or original manufacturer's container shall be securely mounted on the bed to contain the cargo.

(f) All vehicles used for the transportation of explosives shall have tight floors and any exposed spark-producing metal on the inside of the body shall be covered with wood, or other nonsparking material, to prevent contact with containers of explosives.

(g) Every motor vehicle or conveyance used for transporting explosives shall be marked or placarded on both sides, the front, and the rear with the work "Explosives" in red letters, not less than four (4) inches in height, in white background. In addition to such marking or placarding, the motor vehicle or conveyance may display, in such a manner that it will be readily visible from all directions, a red flag eighteen (18) inches x thirty (30) inches, with the word "Explosives" painted, stamped, or sewed thereon, in white letters, at least six (6) inches in height.

(h) Each vehicle used for transportation of explosives shall be equipped with a fully charged fire extinguisher, in good condition. An approved extinguisher of not less than ten (10) ABC rating will meet the minimum requirement. The driver shall be trained in the use of the extinguisher on his vehicle.

(i) Motor vehicles or conveyances carrying explosives, blasting agents, or blasting supplies, shall not be taken inside a garage or shop for repairs or servicing.

(j) No motor vehicle transporting explosives shall be left unattended.

40.5. Storage of explosives and blasting agents.

(a) Explosives and related materials shall be stored in approved facilities required under the applicable provisions of the internal revenue service regulations contained in 26 CFR 181, commerce in explosives.

(b) Blasting caps, electric blasting caps, detonating primers, and primed cartridges shall not be stored in the same magazine with other explosives or blasting agents.

(c) Smoking and open flames shall not be permitted within fifty (50) feet of explosives and detonator storage magazines.

40.6. Loading of explosives or blasting agents.

(a) Procedures that permit safe and efficient loading shall be established before loading is started.

(b) All drill holes shall be sufficiently large to admit freely the insertion of the cartridges of explosives.

(c) Tamping shall be done only with wood rods or plastic tamping poles without exposed metal parts, but nonsparking metal connectors may be used for jointed poles. Violent tamping shall be avoided. The primer shall never be tamped.

(d) No holes shall be loaded except those to be fired in the next round of blasting. After loading, all remaining explosives and detonators shall be immediately returned to an authorized magazine.

(e) Drilling shall not be started until all remaining butts of old holes are examined for unexploded charges, and if any are found, they shall be refired before work proceeds.

(f) No person shall be allowed to deepen drill holes which have contained explosives or blasting agents.

(g) No explosives or blasting agents shall be left unattended at the blast site.

(h) machines and all tools not used for loading explosives into bore holes shall be removed from the immediate location of holes before explosives are delivered. Equipment shall not be operated within fifty (50) feet of loaded holes.

(i) No activity of any nature other than that which is required for loading holes with explosives shall be permitted in a blast area.

(j) Power lines and portable electric cables for equipment being used shall be kept a safe distance from explosives or blasting agents being loaded into drill holes. Cables in the proximity of the blast area shall be deenergized and locked out by the blaster.

(k) Holes shall be checked prior to loading to determine depth and conditions. Where a hole has been loaded with explosives but the explosives have failed to detonate, there shall be no drilling within fifty (50) feet of the hole.

(l) When loading a long line of holes with more than one (1) loading crew, the crews shall be separated by practical distance consistent with efficient operation and supervision of crews.

(m) No explosives shall be loaded or used underground in the presence of combustible gases or combustible dusts.

(n) No explosives other than those in fume Class 1 shall be used; however, explosives complying with the requirements of fume Class 2 and fume Class 3 may be used if adequate ventilation has been provided.

(o) All blast holes in openwork shall be stemmed to the collar or to a point which will confine the charge.

(p) Warning signs, indicating a blast area, shall be maintained at all approaches to the blast area. The warning sign lettering shall be not less than four (4) inches in height on a contrasting background.

(q) A bore hole shall never be sprung when it is adjacent to or near a hole that is loaded. Flashlight batteries shall not be used for springing holes.

(r) Drill holes which have been sprung or chambered, and which are not water filled, shall be allowed to cool before explosives are loaded.

(s) No loaded holes shall be left unattended or unprotected.

(t) The blaster shall keep an accurate, up-to-date record of explosives, blasting agents, and blasting supplies used in a blast and shall keep an accurate running inventory of all explosives and blasting agents stored on the operation.

40.7. Explosives and blasting agents.

(a) Semiconductive hose. Semiconductive hose a hose with an electrical resistance high enough to limit flow of stray electric currents to safe levels, yet not so high as to prevent drainage of static electric charges to ground; hose of not more than two (2) megohms resistance over its length and of not less than five thousand (5,000) ohms per floor meets the requirements.

(b) When loading blasting agents pneumatically over electric blasting caps, semiconductive delivery hose shall be used and the equipment shall be bonded and grounded.

40.8. Initiation of explosive charges--electric blasting.

(a) Electric blasting caps shall not be used where sources of extraneous electricity make the use of electric blasting caps dangerous. Blasting cap leg wires shall be kept short-circuited (shunted) until they are connected into the circuit for firing.

(b) Before adopting any system of electrical firing, the blaster shall conduct a thorough survey for extraneous currents, and all dangerous currents shall be eliminated before any holes are loaded.

(c) In any single blast using electric blasting caps, all caps shall be of the same style or function, and of the same manufacture.

(d) Electric blasting shall be carried out by using blasting circuits or power circuits in accordance with the electric blasting cap manufacturer's recommendations, or an approved contractor or his designated representative.

(e) When firing a circuit of electric blasting caps, care must be exercised to ensure that an adequate quantity of delivered current is available, in accordance with the manufacturer's recommendations.

(f) Connecting wires and lead wires shall be insulated single solid wires of sufficient current-carrying capacity.

(g) Bus wires shall be solid single wires of sufficient current-carrying capacity.

(h) When firing electrically, the insulation on all firing lines shall be adequate and in good condition.

(i) A power circuit used for firing electric blasting caps shall not be grounded.

(j) When firing from a power circuit, the firing switch shall be locked in the open or "Off" position at all times, except when firing. It shall be so designed that the firing lines to the cap circuit are automatically shortcircuited when the switch is in the "Off" position. Keys to this switch shall be entrusted only to the blaster.

(k) Blasting machines shall be in good condition and the efficiency of the machine shall be tested periodically to make certain that it can deliver power at its rated capacity.

(l) When firing with blasting machines, the connections shall be made as recommended by the manufacturer of the electric blasting caps used.

(m) the number of electric blasting caps connected to a blasting machine shall not be in excess of its rated capacity. furthermore, in primary blasting, a series circuit shall contain no more caps than the limits recommended by the manufacturer of the electric blasting caps in use.

(n) The blaster shall be in charge of the blasting machines, and no other person shall connect the leading wires to the machine.

(o) Blasters, when testing circuits to charged holes, shall use only blasting galvanometers equipped with a silver chloride cell especially designed for this purpose.

(p) Whenever the possibility exists that a leading line or blasting wire might be thrown over a live power line by the force of an explosion, care shall be taken to see that the total length of wires are kept too short to hit the lines, or that the wires are securely anchored to the ground. If neither of these requirements can be satisfied, a nonelectric system shall be used.

(q) In electrical firing, only the man making leading wire connections shall fire the shot. All connections shall be made from the bore hole back to the source of firing current, and the leading wires shall remain shorted and not be connected to the blasting machine or other source of current until the charge is to be fired.

(r) After firing an electric blast from a blasting machine, the leading wires shall be immediately disconnected from the machine and short-circuited.

40.9. Use of safety fuse.

(a) Safety fuse shall only be used where sources of extraneous electricity make the use of electric blasting caps dangerous. The use of a fuse that has been hammered or injured in any way shall be forbidden.

(b) The handling of a fuse on nails or other projections which will cause a sharp bend to be formed in the fuse is prohibited.

(c) Before capping safety fuse, a short length shall be cut from the end of the supply reel so as to assure a fresh cut end in each blasting cap.

(d) Only a cap crimper of approved design shall be used for attaching blasting caps to safety fuse. Crimpers shall be kept in good repair and accessible for use.

(e) No unused cap or short capped fuse shall be placed in any hole to be blasted; such unused detonators shall be removed from the working place and destroyed.

(f) No fuse shall be capped, or primers made up, in any magazine or near any possible source of ignition.

(g) No one shall be permitted to carry detonators or primers of any kind on his person.

(h) The minimum length of safety fuse to be used in blasting shall be as required by state law, but shall not be less than thirty (30) inches.

(i) At least two (2) men shall be present when multiple cap and fuse blasting is done by hand lighting methods.

(j) Not more than twelve (12) fuses shall be lighted by each blaster when hand lighting devices are used. However, when two (2) or more safety fuses in a group are lighted as one (1) by means of igniter cord, or other similar fuse-lighting devices, they may be considered as one (1) fuse.

(k) The so-called "Drop Fuse" method of dropping or pushing a primer or any explosive with a lighted fuse attached is forbidden.

(l) Cap and fuse shall not be used for firing mudcap charges unless charges are separated sufficiently to prevent one (1) charge from dislodging other shots in the blast.

(m) When blasting with safety fuses, consideration shall be given to the length and burning rate of the fuse. Sufficient time, with a margin of safety, shall always be provided for the blaster to reach a place of safety.

40.10. Use of detonating cord.

(a) Care shall be taken to select a detonating cord consistent with the type and physical condition of the bore hole and stemming and the type of explosives used.

(b) Detonating cord shall be handled and used with the same respect and care given other explosives.

(c) The line of detonating cord extending out of a bore hole or from a charge shall be cut from supply spool before loading the remainder of the bore hole or placing additional charges.

(d) Detonating cord shall be handled and used with care to avoid damaging or severing the cord during and after loading and hooking up.

(e) Detonating cord connections shall be competent and positive in accordance with approved and recommended methods. Knot-type or other cord-to-cord connections shall be made only with detonating cord, in which the explosive cord is dry.

(f) All detonating cord trunk lines and branch lines shall be free of loops, sharp kinks, or angles that direct the cord back toward the oncoming line of detonation.

(g) All detonating cord connections shall be inspected before firing the blast.

(h) When detonating cord millisecond-delay connectors or short-interval-delay electric blasting caps are used with detonating cord, the practice shall conform strictly to the manufacturer's recommendations.

(i) When connecting a blasting cap or an electric blasting cap to detonating cord, the cap shall be taped or otherwise attached securely along the side or the end of the detonating cord, with the end of the cap containing the explosive charge pointed in the direction in which the detonation is to proceed.

(j) Detonators for firing the trunk line shall not be brought to the loading area nor attached to the detonating cord until everything else is in readiness for the blast.

40.11. Firing the blast.

(a) A code of blasting signals shall be posted on one 91) or more conspicuous places at the operation, and all employees shall be required to familiarize themselves with the code and conform to it. Danger signs shall be placed at suitable locations.

(b) Before a blast is fired, a loud warning signal shall be given by the certified blaster in charge, who has made certain that all surplus explosives are in a safe place and all employees, vehicles, and equipment are at a safe distance, or under sufficient cover.

(c) Flagmen shall be safely stationed on highways which pass through the danger zone so as to stop traffic during blasting operations.

(d) It shall be the duty of the blaster to fix the time of blasting.

(e) Before firing an underground blast, warning shall be given, and all possible entries into the blasting area, and any entrances to any working place where a drift, raise, or other opening is about to hole through, shall be carefully guarded. The blaster shall make sure that all employees are out of the blast area before firing a blast.

U-1 Warning Signal - A 1-1 minute series of long blasts 5 minutes prior to blast signal.

Blast Signal - A series of short blasts 1 minute prior to the shot.

All Clear Signal - A prolonged blast following the inspection of blast area.

40.12. Inspection after blasting.

(a) Immediately after the blast has been fired, the firing line shall be disconnected from the blasting machine, or where power switches are used, they shall be locked open or in the off position.

(b) Sufficient time shall be allowed, not less than fifteen (15) minutes in tunnels, for the smoke and fumes to leave the blasted area before returning to the shot. An inspection of the area and the surrounding rubble shall be made by the certified blaster to determine if all charges have been exploded before employees are allowed to return to the operation, and in tunnels, after the muck pile has been wetted down.

40.13. Misfires.

(a) If a misfire is found, the blaster shall provide proper safeguards for excluding all employees from the danger zone.

(b) No other work shall be done except that necessary to remove the hazard of the misfire and only those employees necessary to do the work shall remain in the danger zone.

(c) No attempt shall be made to extract explosives from any charged or misfired hole; a new primer shall be put in and the hole reblasted. If misfiring of the misfired hole presents a hazard, the explosives may be removed by washing out with water, or, where the misfire is under water, blown out with air.

(d) If there are any misfires while using cap and fuse, all employees shall remain away from the charge for at least one (1) hour. Misfires shall be handled under the direction of the person in charge of the blasting. All wires shall be carefully traced and a search made for unexploded charges.

(e) No drilling, digging, or picking shall be permitted until all missed holes have been detonated or the authorized representative has approved that work can proceed.

40.14. Definitions applicable to this subsection.

(a) "Approved Storage Facility" a facility for the storage of explosive material conforming to the requirements of this subpart and covered by a license or permit.

(b) "Blast Area" the area in which explosive loading and blasting operations are being conducted.

(c) "Blaster" the person or persons authorized to use explosives for blasting purposes and meeting the qualifications in these rules and regulations.

(d) "Blasting Agent" a blasting agent is any material or mixture consisting of a fuel and oxidizer used for blasting, but not classified an explosive and in which none of the ingredients is classified as an explosive provided the furnished (mixed) product cannot be detonated with a No. 8 test blasting cap when confined. A common blasting agent presently in use is a mixture of ammonia nitrate (NH4 N03) and carbonaceous combustibles, such as fuel oil or coal, and may either be procured, premixed and packaged from explosive companies or mixed in the field.

(e) "Blasting Cap" a metallic tube closed at one (1) end, containing a charge of one (1) or more detonating compounds, and designed for and capable of detonation from the sparks or flame from a safety fuse inserted and crimped into the open end.

(f) "Block Holing" the breaking of boulders or blasting agents by firing a charge of explosives that has been loaded in a drill hole.

(g) "Conveyance" any unit for transporting explosives or blasting agents, including but not limited to trucks, trailers, rail cars, barges and vessels.

(h) "Detonating Cord" a flexible cord containing a center core of high explosives which when detonated, will have sufficient strength to detonate other cap-sensitive explosives with which it is in contact.

(i) "Detonator" blasting caps, electric blasting caps, delay electric blasting caps, and nonelectric delay blasting caps.

(j) "Electric Blasting Cap" a blasting cap designed for and capable of detonation by means of an electric current.

(k) "Electric Blasting Circuitry"

(1) Bus wire. An expandable wire, used in parallel or series, in parallel circuits, to which are connected the leg wires of electric blasting caps.

(2) Connecting wire. An insulated expendable wire used between electric blasting caps and the leading wires or between the bus wire and the leading wires.

(3) Leading wire. An insulated wire used between the electric power source and the electric blasting cap circuit.

(4) Permanent blasting wire. A permanently mounted insulated wire used between the electric power source and the electric blasting circuit.

(l) "Electric Delay Blasting Caps" caps designed to detonate at a predetermined period of time after energy is applied to the ignition system.

(m) "Explosives"

(1) Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion; that is, with substantially instantaneous release of gas and heat.

(2) All material which is classified as Class A, Class B, and Class C explosives by the West Virginia department of mines.

(3) Classification of explosives by the West Virginia department of mines is as follows:

Class A explosives. Possessing detonating hazard, such as dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder, blasting caps, and detonating primers.

Class B explosives. Possessing flammable hazard, such as propellent explosives, including some smokeless propellants.

Class C explosives. Include certain types of manufactured articles which contain Class A or Class B explosives, or both, as components, but in restricted quantities.

(n) "Fuse Lighters" special devices for the purpose of igniting safety fuse.

(o) "Magazine" any building or structure, other than an explosives manufacturing building, used for the storage of explosives.

(p) "Misfire" an explosive charge which failed to detonate.

(q) "Mud-capping" (sometimes known as bulldozing, adobe blasting, or adobying). The blasting of boulders by placing a quantity of explosives in a drill hole.

(r) "Nonelectric Delay Blasting Cap" a blasting cap with an integral delay element in conjunction with and capable of being detonated by a detonation impulse or signal from miniaturized detonating cord.

(s) Primary Blasting" the blasting operation by which the original rock formation is dislodged from its natural location.

(t) "Primer" a cartridge or container of explosives into which a detonator or detonating cord is inserted or attached.

(u) "Safety Fuse" a flexible cord containing an integral burning medium by which fire is conveyed at a continuous and uniform rate for the purpose of firing blasting caps.

(v) "Secondary Blasting" the reduction of oversize material by the use of explosives to the dimension required for handling, including mud-capping and blockholding.

(w) "Stemming" a suitable inert incombustible material or device used to confine or separate explosives in a drill hole, or to cover explosives in mud-capping.

(x) "Springing" the creation of a pocket in the bottom of a drill hole by the use of a moderate quantity of explosives in order that larger quantities of explosives may be inserted therein.

(y) "Water Gels, or Slurry Explosives" a wide variety of materials used for blasting. They all contain substantial proportions of water and high proporations of ammonium nitrate, some of which is in solution in the water.

Two (2) broad classes of water gels are:

(1) those which are sensitized by a material classed as a explosive, such as TNT or smokeless powder; and (2) those which contain no ingredient classified as an explosive; these are sensitized with metals such as aluminum or with other fuels. Water gels may be premixed at an explosive plant or mixed at the site immediately before delivery into the bore hole.

W. Va. Code R. § 36-23-41 Rollover Protective Structures; Overhead Protection

41.1. Rollover protective structures (ROPS) for material handling equipment. All such equipment shall be equipped with rollover protective structures which meet the minimum performance standards prescribed in MSHA Safety and Health Regulations for Construction, 1926.1000.

36CSR23

Series 24 The Record Keeping of all Certified Persons Employed in all Mines Throughout the State of West Virginia

W. Va. Code R. § 36-24-1 General

1.1. Scope. -- Rules and Regulations Governing the Record Keeping of All Certified Persons Employed in All Mines Throughout the State of West Virginia.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

1.5. Findings and Conclusions:

1.5.1. Findings of Fact.

1.5.1.a. Certification of miners employed in coal mines in West Virginia is required by

Chapter 22A of the West Virginia Code to insure that only competent qualified persons are employed to act as underground or surface miners or in specific miner occupations.

1.5.1.b. There have been several civil and criminal prosecutions of persons in the coal industry purporting to be certified by the state as miners or for particular miner occupations who either possess bogus certificates or do not possess certificates for these occupations.

1.5.1.c. Persons acting as miners or in particular miner occupations who are not properly certified as required by law create a safety hazard in the mines because such persons have not demonstrated their competency or qualifications under state law for these occupations.

1.5.1.d. In order for the Office of Miners’ Health, Safety and Training to know at any given time the certifications of persons working in the mines, a current listing is needed at each mine location of persons employed at that location and their certifications, if any.

1.5.1.e. Such records can be made most readily and efficiently available through the employers of persons holding state certifications, since the employers have access to and knowledge of those persons who work for them.

1.5.2. Conclusions of Law.

1.5.2.a. Therefore, the Board of Coal Mine Health and Safety promulgates the following

regulation to require all employers of persons certified pursuant to Chapter 22A and currently employed in West Virginia mines to set up and maintain records on these persons and their certifications.

1.5.2.b. The regulation is consistent with the requirements of W. Va. Code §22A-1-23 that operators of coal mines shall maintain such records, make such reports and provide such information as 36CSR24 the Director may reasonably require from time to time to enable him/her to perform his/her functions under law.

1.5.2.c. The regulation will not reduce the level of safety or protection afforded miners below the level of safety or protection afforded by Chapter 22A.

1.5.2.d. The regulation is necessary and proper to effectuate the purpose of Chapter 22A and to prevent the circumvention and evasion thereof.

W. Va. Code R. § 36-24-2 Effect Of Regulations

2.1. These rules and regulations shall have effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of these rules and regulations.

W. Va. Code R. § 36-24-3 Definitions

3.1. Unless the context in which a word or phrase appears clearly requires a different meaning, all terms used in this rule that are not defined herein shall have the meanings set forth in W. Va. Code §22A- 1-2.

3.1.1. Code: The term "Code" when following a reference to a specific section, article, or

chapter, shall mean the West Virginia Code of 1931, as amended.

3.1.2. Miner's certification: The term "Miner's certification" shall mean any and all types of certifications mandated and required for any occupation at the present time, or which may be mandated in the future, by the West Virginia Office of Miners’ Health, Safety and Training.

3.1.3. Parties Responsible for Record Keeping: The term "Parties responsible for record keeping" shall mean all coal mine operators in the mining industry, construction companies, shaft operators, manufacturing companies, private consultants, and/or any other company, persons, or firms associated with the mining industry, who have in their employ persons who are certified in accordance with Chapter 22A of the Code.

W. Va. Code R. § 36-24-4 System For Record Keeping

4.1. Six (6) months after the effective date of these rules and regulations, parties responsible for record keeping, except as otherwise provided in Section 4.2, shall maintain a file on the state certifications of all current employees on their payroll. The file shall contain the name, the last four digits of the social security number, current certification and certification number for each individual employee possessing a state certification.

4.2. New mines opened after the effective date of this regulation and temporarily inactive mines shall maintain such records within six (6) months of the date on which such mines are activated and/or reactivated.

W. Va. Code R. § 36-24-5 Availability Of Records

5.1. Unless otherwise approved by the Director of the Office of Miners’ Health, Safety and Training, all records required in Section 4.1 of these rules and regulations shall be made available to the Director of the Office of Miners’ Health, Safety and Training, or his/her authorized representative, and to 36CSR24 designated auditors of the Office of Miners’ Health, Safety and Training for compliance audit purposes, within five (5) days after a request is made for the need of such records.

W. Va. Code R. § 36-24-6 Individual Responsibility

6.1. After the effective date of these rules and regulations, any person employed by parties responsible for record keeping shall, upon request, provide to the parties responsible for record keeping all necessary information pertaining to state certifications and all types of certifications that they hold.

6.2. All persons possessing miner certifications and employed by parties responsible for record keeping shall provide in writing to the parties responsible for record keeping any change in the information required in Section 4.1. of these rules and regulations, including additional miner certifications, within four (4) days subsequent to such change.

Series 25 Underground Equipment Requirements and Operation

W. Va. Code R. § 36-25-1 General

1.1. Scope. -- Rule governing underground equipment requirements and operation.

1.2. Authority. -- W. Va. Code W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. File Date. -- February 25, 2021.

1.4. Effective Date. -- March 27, 2021.

W. Va. Code R. § 36-25-2 Effect of Rule

2.1. This rule shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

W. Va. Code R. § 36-25-3 Definitions

3.1. All terms used in this rule, not defined herein, shall have the meanings set forth in W. Va. Code

§22A-1-2.

W. Va. Code R. § 36-25-4 Track Haulage Locomotives

4.1. No persons other than those necessary to operate a trip or car shall ride on any loaded car or on the outside of any car. Locomotives shall operate within the limits of its design capabilities and at speeds consistent with the conditions of the haulage road. Trailing locomotives shall be required on all trips except in instances where other equivalent means are approved by the Director. In instances where trailing locomotives are not used and approved equivalent measures exist, the locomotive operator shall have an assistant to assist him/her in his/her duties at all times. Where assistants are provided, safe riding facilities will be provided on the locomotive. In determining the approval for other equivalent means, the Director shall consider a plan certified by a registered engineer which specifies:

4.1.a. Size/weight of locomotives utilized,

4.1.b. Percent and distance of ascending grades,

4.1.c. Use of derails or other equivalent safeguards,

4.1.d. The trailing load transported and number of cars in a trip.

4.2. The Director may rescind the approval of any haulage plan for just cause. The approved equivalent means shall be posted on the mine bulletin board.

W. Va. Code R. § 36-25-5 Underground Mine Car Loading Points

36CSR25

5.1. Skids shall not be placed on mine rails adjacent to the wheels of moving mine cars, unless remote means can be used to place the skids without getting underneath or between the cars.

5.2. There shall be no unnecessary visual obstructions in the immediate working areas of the underground mine car loading point operator.

5.3. These requirements shall be conspicuously posted at the underground mine car loading point, along with any other operation instructions for that facility.

§35-25-6. Designated Areas of Safety.

6.1. When in the vicinity of a switch, all persons shall get into an area of safety, either in a shelter hole or a crosscut, when trips are approaching.

W. Va. Code R. § 36-25-7 Coupling and Uncoupling of Mine Cars

7.1. All track haulage cars which are regularly coupled and uncoupled shall be equipped with automatic couplers or other device approved by the Director which provides an equal or greater level of safety, which couple or uncouple without the necessity of persons going between the ends of such cars.

7.2. Mine cars shall be coupled or uncoupled in such a manner that will not require standing between the ends of such cars while coupling or uncoupling.

7.3. Persons shall not cross between moving mine cars.

W. Va. Code R. § 36-25-8 General Requirements

8.1. The use of underground mining equipment that does not conform to the height of the seam being mined, which creates unsafe working conditions for the miners operating the equipment or others, is prohibited.

8.2. Mining equipment shall be operated safely, taking into consideration the condition of the haulage road, limit of visibility, height of the coal seam, and the size of the equipment.

8.3. No modifications to haulage equipment which limits visibility to a degree which poses a hazard to persons in the vicinity of such equipment shall be permitted.

W. Va. Code R. § 36-25-9 Correction of Unsafe Conditions

9.1. Where haulage equipment causes damage to the roof support system or creates unsafe working conditions to miners, action shall be taken to correct such condition.

9.2. Prior to the start of self-propelled mobile equipment, an audible alarm shall be sounded.

W. Va. Code R. § 36-25-10 Procedures for Refusing to Operate Unsafe Equipment

10.1. When an operator of equipment believes in good faith that a hazardous condition exists relative to the conformity of the equipment to the height of the coal seam, the equipment operator shall follow the procedures in West Virginia Board of Coal Mine Health and Safety, Series 8, “Right of a Miner to Refuse to Operate Unsafe Equipment.”

36CSR25

W. Va. Code R. § 36-25-11 Requirements for Lifting Jacks

11.1. A ten (10) ton lifting jack compatible with the seam height, or other equivalent lifting device in working condition, shall be stored within eight hundred (800) feet of the working face at a specified location on each underground working section at all times when miners are working on such sections.

All section employees shall be informed of such location.

W. Va. Code R. § 36-25-12 Operation of Section Haulage Equipment

12.1. Roadways on which section haulage equipment travels shall be maintained in a safe condition and free of hazards.

12.2. Prior to operating section haulage equipment, the equipment operator shall examine the roadway to be traveled, and shall report any hazards present to the immediate supervisor before the equipment is put into operation.

12.3. Section haulage equipment shall be operated in a safe manner, consistent with the conditions of the roadway.

12.4. No person shall start a piece of self-propelled section haulage equipment until they are in the normal operating position of such equipment.

12.5. Parking brakes shall be set on all self-propelled section haulage equipment by the equipment operator before the operator leaves the normal operating position of such equipment. Where the parking brake is not provided, or where it is necessary to perform maintenance on the equipment which requires that the park brake not be set, other methods shall be used to prevent accidental movement of the equipment.

12.6. Persons operating self-propelled section haulage equipment shall see that all persons are a safe distance away from the equipment, and out of the equipment's expected path of travel, before the equipment is started.

W. Va. Code R. § 36-25-13 Cleaning of Equipment

13.1. Equipment cleaning shall not be done on self-propelled section haulage equipment unless the power circuits on the equipment are deenergized.

W. Va. Code R. § 36-25-14 Transportation of Disabled Underground Rubber-Tired Mining Equipment

14.1. A solid triangular tow bar or suitable device approved by the Director shall be used to tow disabled underground rubber-tired mining equipment in all areas of the mine outby working sections, provided however, other means of towing disabled equipment may be used if it is necessary to transport such disabled equipment short distances to the nearest location where a solid triangular tow bar or other device approved by the Director can be safely affixed to the disabled equipment.

14.2. No person shall be permitted to ride in disabled underground rubber-tired mining equipment while it is being towed using a solid triangular tow bar unless the towed vehicle is equipped with operative brakes and steering functions and controls and a protective canopy.

14.3. Pushing a disabled vehicle will not be allowed unless it becomes necessary to move such 36CSR25 disabled vehicle out of the road of travel or to enable access to the use of a solid triangular tow bar.

14.4. No person shall be allowed to push a disabled vehicle from the operators deck end.

W. Va. Code R. § 36-25-15 Deenergization of Self-Propelled Electric Coal Feeders; Performance Requirements

15.1. Deenergization of the tramming motors of self-propelled electric coal feeders shall be provided by:

15.1.1. Mechanical actuation of an existing push button emergency stopswitch;

15.1.2. Mechanical actuation of an existing lever emergency stopswitch; or

15.1.3. The addition of a separate electro-mechanical switch assembly.

15.2. The existing emergency stopswitch or additional switch assembly shall be actuated by a bar or lever which shall extend a sufficient distance in each direction to permit quick deenergization of the tramming motors of self-propelled electric coal feeders from all locations from which the equipment can be operated.

15.3. Movement of not more than two (2) inches of the actuating bar or lever, resulting from the application of not more than fifteen (15) pounds of force upon contact with any portion of the equipment operator’s body at any point along the length of the actuating bar or lever, shall cause deenergization of the tramming motors of the self-propelled electric coal feeders.

Series 26 Rule Governing Construction and Rehabilitation Operations in Underground Mines

W. Va. Code R. § 36-26-1 General

1.1. Scope. -- Rule Governing Construction and Rehabilitation Operations in Underground Mines.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- February 25, 2021.

1.4. Effective Date. -- March 27, 2021.

W. Va. Code R. § 36-26-2 Effect of Rule

2.1. This rule shall have the effect of law, and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

W. Va. Code R. § 36-26-3 Definitions

3.1. All terms used in this rule, not defined herein, shall have the meanings set forth in W. Va. Code

§22A-1-2.

W. Va. Code R. § 36-26-4 On-shift Examination of Construction and Rehabilitation Work Areas

4.1. In addition to the pre-shift examination, an on-shift examination shall be made of all construction and rehabilitation work areas between the third and fifth hours while persons are working, and such examination shall be recorded in a book prescribed for such purposes, and located on the surface.

W. Va. Code R. § 36-26-5 Automated Temporary Roof Support (ATRS) Systems on Roof Bolting Machines used for Construction and Rehabilitation

5.1. Where required by the Director of the Office of Miners’ Health, Safety and Training, roof bolting machines used for construction or for rehabilitation work shall be equipped with an approved automated temporary roof support (ATRS) system. However, when spot bolting is done on track haulage roads, machines shall not be required to have ATRS.

5.2. In determining where such ATRS system is needed, the Director shall consider the following: (a) whether the use of ATRS would pose a greater hazard than not using it; (b) whether the technology of ATRS exists to allow compliance with this rule; and (c) the conditions at the construction or rehabilitation site.

5.3. Minimum Requirements for Machines Using, or Used as, ATRS. All machines using, or used as, an automated temporary roof support system in accordance with this section shall comply with the 36CSR26 minimum requirements for ATRS as specified in 36 CSR §10-10.

Series 27 Surface Areas on Mine Property and Limitations on Mining Adjacent to Gas Facilities

W. Va. Code R. § 36-27-1 General

1.1. Scope. -- Rules and Regulations Governing Surface Areas.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

1.5. Effect of Regulations. -- These rules and regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code

§22A-1-1 et seq. relative to enforcement are applicable to the enforcement of these rules and regulations.

W. Va. Code R. § 36-27-2 Definitions

2.1. "Coal permit holder" means the holder of an active coal mining permit issued by the West Virginia Department of Environmental Protection.

2.2. “Designated mining area” is an area of real property that is (i) subject to an active surface coal mining permit or the surface area of an active deep coal mine permit issued by the West Virginia Department of Environmental Protection (a “coal permit”) and (ii) where excavation work will be conducted within the following twelve (12) month period.

2.3. “Excavation work” shall mean work performed by motorized mining equipment where vegetation, timber, topsoil or overburden will be moved, removed or placed by surface mining operations and such surface impacts incident to underground coal mine operations.

2.4. "High voltage powerline" means any uninsulated suspended power conductor carrying high voltage.

2.5. "Lanyard" means a rope, suitable for supporting one person. One end is fastened to a safety belt or harness and the other end is secured to a substantial object or a safety line.

2.6. "Lifeline" means a rope, suitable for supporting one person, to which a lanyard or safety belt (or harness) is attached.

2.7. "Oil and gas operator" means any person or persons, firm, partnership, partnership association or corporation that proposes to or does locate, drill, operate or abandon any oil or gas well or engaged in the operation of pipeline facilities or the transportation of oil or gas.

2.8. "Pipeline" means all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenance attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies.

2.9. "Safety belt" means a device, usually worn around the waist, which, by reason of its attachment to a lanyard and lifeline for a structure, will prevent a worker from falling.

2.10. "Well" means any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata for the extraction or injection or placement of any liquid or gas, or any shaft or hole sunk or used in conjunction with such extraction or injection or placement. The term "well" does not include any shaft or hole sunk, drilled, bored or dug into the earth for the sole purpose of core drilling or pumping or extracting therefrom potable, fresh or usable water for household, domestic, industrial, agricultural or public use.

2.11. All other terms used in these rules and regulations, not defined herein, shall have the meanings set forth in W. Va. Code §22A-1-2.

W. Va. Code R. § 36-27-3 Operating Equipment With Suspended Material

3.1. All persons remain a safe distance from any supplies or materials while being raised, lowered or in transit, by a forklift, crane, or other equipment: Provided, that whenever it is necessary to have persons other than the equipment operator in the immediate vicinity of any such supplies, the loads shall be securely fastened by a chain or other device to the equipment handling the load in order to prevent the load from slipping or falling off the equipment.

W. Va. Code R. § 36-27-4 Protection From Falls From Elevated Areas

4.1. Safety protection such as safety belts, lifelines, or lanyards to prevent a person from falling shall be provided at all times where the potential fall distance exceeds fifteen (15) feet, except that safety belts shall not be used where they are impractical or would pose a greater hazard.

4.2. Safety nets shall be provided when work places are more than twenty-five (25) feet above the ground where the use of ladders, scaffolds, catch platforms, temporary floors, safety lines, or safety belts are impractical.

W. Va. Code R. § 36-27-5 Safety Precautions on Coal Stockpiles

5.1. The following requirements shall apply to all surface coal stockpiles with draw-off tunnel feeders underneath the coal storage area of the stockpile which discharge onto a conveyor belt:

5.1.1. No person shall travel on foot or operate equipment on a coal stockpile or coal storage area directly over areas where underlying coal feeders are in place without a plan approving such activity by the Director, or his/her authorized representative. The plan shall be submitted by the operator or the independent contractor performing the work, and shall be reviewed with all persons prior to work being done, and a record kept of such review.

5.1.2. The plan shall outline procedures to protect the health and safety of those who may have to travel on foot or operate equipment on a coal stockpile or coal storage area directly over areas where underlying coal feeders are in place. The minimum criteria for approval of the plan shall include:

5.1.2.a. The equipment shall be equipped with an enclosed cab and doors and windows shall be closed and secured at all times the equipment is in operation. Beginning January 1, 2001 all mobile equipment manually operated on coal stockpiles, where there is a potential of the equipment falling into a cavity, shall be equipped with an enclosed cab fitted with chemically tempered glass and a window support system; provided however, that glass certified to withstand 40 psi may be installed without a window support system, provided that such glass is installed in a substantial frame. The Director of the Office of Miners’ Health, Safety and Training will approve all enclosed cabs pursuant to this section. The Director of the Office of Miners’ Health, Safety and Training may approve other types of glass and window frames or support system provided that an equal or greater amount of protection is afforded.

5.1.2.b. The equipment shall have two-way communications and a back-up communication system supplied on an independent power source.

5.1.2.c. The equipment operator shall be provided with two self-contained self-rescuers or a system designed, installed and maintained to provide at least equivalent protection.

5.1.2.d. A remote control device capable of stopping the flow of coal from the feeder and stop the coal coming onto the stockpile. Such device shall be tested weekly.

5.1.2.e. A means of providing emergency lighting to the mobile equipment operator.

5.1.2.f. Warning signs shall be posted at the entrances to all coal stockpiles with underlying coal feeders.

5.1.2.e. No person shall travel on foot, except on an emergency basis, and only under direct supervision; they shall be secured by an overhead lifeline; and feeders shall be locked and tagged out.

5.1.3. The operator shall establish rules for the safe procedures for breaking through cavities and for marking the feeder areas on the surface. A copy of the rules shall be submitted to the Director, Office of Miners’ Health, Safety and Training for approval. A copy of the approved rules shall be posted at the mine site, and all persons to perform such work shall be instructed in these procedures.

5.1.4. Telephone or equivalent two-way communications shall be established between equipment operators working on stockpiles and those persons who are operating conveyors, feeders, and hoppers at storage piles (where more than one person performs these duties), in order to keep such equipment operators advised of the possibility of bridged material over a cavity in the stockpile.

W. Va. Code R. § 36-27-6 Working Around High-Voltage Powerlines

6.1. Location of high-voltage powerlines. High-voltage powerlines located above surface work areas, driveways, haulageways, and railroad tracks shall be installed no less than fifteen (15) feet above ground.

6.2. Operation of equipment, minimum distance from high voltage lines.

6.2.1. Equipment or machinery operated on the surface of any coal mine shall not be operated within ten (10) feet of an overhead powerline unless the line is deenergized and visibly grounded at the point of work, or unless insulating barriers not part of or an attachment to the equipment have been erected to prevent physical contact with the lines. Where the voltage of overhead powerlines is sixtynine thousand (69,000) volts or more, the minimum clearance between the lines and part of the equipment or load shall be as follows:

Nominal Powerline Minimum Distance Voltage (in 1,000 volts)(in feet) 69 to 11412 115 to 22915 230 to 34420 345 to 49925 500 or more35

6.2.2. A person shall be designated to observe clearance of the equipment and give timely warning for all operations where it is difficult for the operator to maintain the desired clearance by visual means.

6.3. Movement of equipment; minimum distance for high voltage lines. When any part of any equipment operated on the surface of any coal mine is required to pass under or by any energized highvoltage powerline and the clearance between such equipment and powerline is less than that specified above, such powerlines shall be deenergized or other precautions shall be taken to prevent contact with the powerlines.

6.4. Deenergization of powerlines. Any overhead wire shall be considered to be an energized line unless and until the person owning such line or electrical utility authority verifies that it is not an energized line and it has been visibly grounded.

W. Va. Code R. § 36-27-7 Tires and Repairs

7.1. A safety tire rack, cage or equivalent protection shall be provided when inflating tires during installation on split rings or rims equipped with locking rings or similar devices. Tires shall be deflated before repairs on them are started, and adequate means shall be provided to prevent wheel locking rims from creating a hazard during tire inflation. Different types and sizes of wheel rims in the same location shall be stored separate from each other.

W. Va. Code R. § 36-27-8 Crushers, Feeders, and Rotary Breakers

8.1. No person shall be permitted to perform any work within the confines of the cargo space of a crusher, feeder, or rotary breaker unless such equipment has been deenergized and locked out.

W. Va. Code R. § 36-27-9 Machines with Movable Parts

9.1. Machines with movable parts used at surface mines or surface areas of underground mines which are capable of coming into contact with its operating controls or are capable of pinning the operator between the movable part and its controls shall be equipped with a panic bar or suitable mechanical means to prevent such contact or pinning of the operator.

W. Va. Code R. § 36-27-10 Seat Belts

10.1. Each employee working in a surface coal mine or in the surface areas of an underground coal mine shall be required to wear seat belts in a vehicle where there is a danger of overturning and where roll protection is provided.

10.2. Seat belts shall be worn by all drivers of trucks, 5-ton or greater, while operating their trucks on surface mines and surface areas of underground mines.

W. Va. Code R. § 36-27-11 Transporting Compressed Gas Cylinders

11.1. When tanks and cylinders are not used and they are being transported, they shall be securely mounted with regulators removed, cylinder valves closed and protective valve caps replaced, except in conformance with the following requirements:

11.1.1. Cylinders shall remain in a substantially constructed compartment while the gauges are attached and shall be secured against movement.

11.1.2. The substantially constructed compartment shall be designed specifically for the mine maintenance vehicles carrying it; the cylinders shall be secured against movement and be placed at no greater than a 45 degree angle.

11.1.3. The cylinder regulators, if not in enclosed compartments, shall be adequately covered to provide protection when regulators are left attached to cylinders.

11.1.4. The substantially constructed compartments shall be secured to the mine maintenance vehicle in such a manner to prevent the entire compartment from overturning at any time.

11.1.5. If the cylinders are being transported in closed compartments, the compartments shall be adequately ventilated, and all doors on the substantially constructed compartments shall be closed and secured when not in use.

11.1.6. Cylinders, gauges, hoses, connectors, valve stems, and torches shall be checked for damage and proper fit by a qualified person immediately following transportation and prior to use.

11.1.7. The cylinder valves shall be in a shut-off position, and the hoses relieved of pressure when not in use and when being transported.

11.1.8. All substantially constructed compartments shall be approved by the Director or his/her authorized representative prior to initial use.

W. Va. Code R. § 36-27-12 Mirrors on Surface Operated Equipment

12.1. When required by an authorized representative of the Director to enhance safe operation, adequate mirror(s) will be provided on surface mine equipment that operates at surface mines, surface areas of underground mines, preparation plants and loadouts.

12.2. Mirror(s) provided on equipment by manufacturers of said equipment shall be deemed adequate and in compliance with the regulations.

W. Va. Code R. § 36-27-13 Safety Devices on Surface Haulage Equipment

13.1. All surface mines, surface areas of underground mines, which utilize or operate vehicles capable of carrying 100-tons or greater, which operate in close proximity of smaller vehicles, as identified in Subsection 13.1.1., shall implement the following enhancements in order to maximize the visibility of operators and coordination of equipment.

13.1.1. All maintenance, service, foreman or other utility vehicles shall be equipped with strobe lights and/or whip antennas, or other suitable devices as approved by the Director, or to be escorted by a vehicle equipped with such devices. This requirement excludes employee vehicles that are traveling on designated access road(s) to and from work.

13.1.2. Equipment operators of haulage vehicles capable of carrying 100-tons or greater shall conduct a complete walk around of the equipment before it is placed in operation at the beginning of the shift and anytime the operator dismounts the machine.

13.1.3. Equipment operators of haulage vehicles capable of carrying 100-tons or greater shall sound an audible warning device three times before the machine is placed in operation and after the machine has set idle while in operation for periods that exceed normal cycle times.

13.1.4. Reflective numbers or other clearly distinguishable identification markers, at a minimum of at least five (5) inches in height or as approved by the Director or his/her authorized representative, shall be installed, in conspicuous places, on all four sides of all vehicles capable of carrying 100-tons or greater.

13.1.5. All vehicles capable of carrying 100-tons or greater shall be equipped with two-way communications.

13.1.6. At no time shall a smaller vehicle travel into a blind spot of a vehicle over 100-ton capacity without communicating with the operator of the larger vehicle and receiving positive confirmation from that operator that it is safe to approach.

13.1.7. All employees of the mine shall receive a briefing of these procedures and these procedures shall be included in the employees’ annual retraining, newly hired miner training, and hazard training.

13.2. All trucks with a 230-ton capacity or greater on or around a surface mine or surface area of an underground mine will be equipped with a camera, approved by the Director or other devices approved by the Director and the Technical Review Committee, at the rear of the truck to reduce blind spot hazards.

W. Va. Code R. § 36-27-14 Requirements for Mining Adjacent to Gas Facilities

14.1. Applicability of Section 14. The regulations in this Section 14 shall apply to any new surface mining operation seeking its initial permit on or after the effective date of this regulation. These regulations shall not apply to any surface mine operator that has obtained its initial permit prior to the effective date of this rule. These regulations shall not apply to any utility or railroad having facilities in the vicinity of surface mining operations unless such utility or railroad is also the operator of such surface mining operations.

14.2. Prior to conducting excavation work, a coal permit holder shall provide by certified mail, return receipt requested, a notice of designated mining area to any oil and gas operator which has known wells or natural gas pipelines located in the designated mining area. A notice of designated mining area shall contain the following information:

14.2.1. A copy of the mine plan permit maps previously submitted to the West Virginia Department of Environmental Protection in connection with the permit, currently pursuant to W. Va.

Code §22-3-9(12) and 38 CSR 2, with a discernable boundary identifying the designated mining area where excavation work will be conducted within the following twelve (12) month period; and

14.2.2. The general location of all oil and gas wells and pipelines known to the coal mining permit holder or operator, or identified in the coal permitting process, together with any GPS or other survey information in the possession of the coal permit holder that identifies the location of any natural gas pipelines in the designated mining area; and

14.2.3. The office telephone number and mailing address for the mine where the work will occur, and identification of the location of any staffed guard gate or entrance.

14.3. The coal permit holder shall replace all natural gas pipeline markers disturbed, damaged or destroyed by the coal permit holder or its agent.

14.4. In the event that a notice of designated mining area is inaccurate or if there is a change in the area designated for mining or excavation work in the following twelve (12) months the coal permit holder shall provide a corrected or revised notice of designated mining area to all oil, gas and natural gas pipeline operators with lines in the area designated.

14.5. The coal permit holder shall provide written notice to all oil, gas or natural gas pipeline operators with pipelines in the area designated for mining or excavation work of any change in contact information or mine access points.

14.6. When an oil and gas company or pipeline operator notifies the designated mine office or staffed guard gate of entry onto an area identified by a notice of designated mining area, the coal mine operator shall inform them of any blasting schedules and times, where operations are occurring, and any new known safety hazards.

14.7. When excavation work is completed in the area designated in a notice of designated mining area, the coal permit holder will so notify all known oil and gas well and natural gas pipeline operators who have natural gas pipelines in the identified area.

14.8. When tree removal activities must be conducted within fifty (50) feet of the pipeline, a grapple type excavator will be used to pick the fallen trees from the marked area. This work cannot be conducted unless the pipeline is buried more than two (2) feet below the surface and at no time will the ground be disturbed below the surface.

14.9. No mining, excavation or equipment/vehicle operation shall occur within fifty 50 feet of a pipeline or gas well unless adequate safeguards are provided for the protection of the oil and gas pipeline or well and the safety of miners. The permit holder shall notify the regional office of the Office of Miners’ Health, Safety and Training and obtain prior written approval of the potentially affected oil and gas well and/or pipeline operator(s) and the Director before beginning mining or excavation work within fifty (50) feet of any known active oil and gas line or well. This shall not apply to mining and excavation work occurring within fifty (50) feet of any known active oil and gas well that is approved in accordance with W. Va. Code §22A-2-75.

14.10. Any pipeline shall be considered active unless the line has been cut, purged and capped on each end. Any gas well will be considered active unless the well has been adequately plugged below the elevation of the intended work area. Documentation will be provided to show that the condition of the gas lines and/or wells is as described above.

14.11. Pipeline awareness training shall be conducted with all personnel and resident contractors who are assigned to work in close proximity to gas facilities. This training shall be incorporated during the following sessions:

14.11.1. Newly employed experienced miner.

14.11.2. Annual retraining.

14.11.3. Hazard training.

14.11.4. Contractor training.

14.11.5. Additionally, immediately after gas lines have been located, a special safety talk will be conducted with all persons on the property concerning Pipeline and gas well locations.

14.11.6. Pipeline locations will be discussed in safety talks, at least on a quarterly basis.

14.11.7. Safety discussions will be held on gas line and gas well locations prior to moving into a new work area.

14.12. Nothing herein shall provide or alter any contract or statutory or regulatory or common law right or obligation.

Series 32 Housekeeping Practices in Underground Mines and Surface Areas of Underground Mines

W. Va. Code R. § 36-32-1 General

1.1. Scope. -- Rule governing housekeeping practices in underground mines and surface areas of underground mines.

1.2. Authority. -- W. Va. Code §22A-6-4.

1.3. Filing Date. -- September 7, 2021.

1.4. Effective Date. -- September 7, 2021.

1.5. Effect of Rule. -- This rule shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

W. Va. Code R. § 36-32-2 Definitions

2.1. All terms in this rule, not defined herein, shall have the meanings set forth in W. Va. Code

§22A-1-2.

W. Va. Code R. § 36-32-3 Housekeeping Practices

3.1. Good housekeeping shall be practiced in all areas of underground mines and in and around mine buildings and yards. Such practices shall include cleanliness, orderly storage of materials, and removal of possible sources of injury, such as stumbling hazards, protruding nails, and broken glass.

Series 33 Underground Mine Car Loading Points

W. Va. Code R. § 36-33-1 General

1.1. Scope. -- This legislative rule establishes safety requirements for mine car loading points in underground coal mines.

1.2. Authority. -- W. Va. Code '22-6-4.

1.3. Filing Date. -- April 11, 1988.

1.4. Effective Date. -- April 11, 1988.

W. Va. Code R. § 36-33-2 Definitions

2.1. All terms used in these rules and regulations, not defined herein, shall have the meanings set forth in Chapter 22, Article 1, Section 1 of the West Virginia Code.

W. Va. Code R. § 36-33-3 Underground Mine Car Loading Points

3.1. Six (6) months after the effective date of this regulation, skids shall not be placed on mine rails adjacent to the wheels of moving mine cars, unless remote means can be used to place the skids without getting underneath or between the cars.

3.2. There shall be no unnecessary visual obstructions in the immediate working areas of the underground mine car loading point operator.

3.3. These requirements shall be conspicuously posted at the underground mine car loading point, along with any other operation instructions for that facility.

W. Va. Code R. § 36-33-4 Designated Areas Of Safety

4.1. When in the vicinity of a switch, all persons shall get into an area of safety, either in a shelter hole or a crosscut, when trips are approaching.

36CSR33

Series 38 Rules And Regulations For Governing Protective Equipment

W. Va. Code R. § 36-38-1 General

1.1. Scope. -- This administrative rule establishes safety and requirements relating to personal equipment used in and around coal mining areas.

1.2. Authority. -- W. Va. Code '22-6-4.

1.3. Filing Date. -- April 6, 1990.

1.4. Effective Date. -- April 6, 1990.

W. Va. Code R. § 36-38-2 Definitions

2.1. All terms used in this rule, not defined herein, shall have the meanings set forth in Chapter 22A, Article 1, Section 1 of the West Virginia Code.

W. Va. Code R. § 36-38-3 Requirements For Safety-Toed Shoes With Metatarsal Guards

3.1. Within twelve (12) months of the effective date of these regulations, safety-toed shoes equipped with metatarsal guards shall be worn by all persons while in or around a mine.

W. Va. Code R. § 36-38-4 Requirements For Approved Eye Protection

4.1. All employees shall have approved eye protection on their person and use the same where there is a hazard from flying particles, or other eye hazards. Suitable eye protection and cleaning materials shall be made available at each mine site by the operator.

W. Va. Code R. § 36-38-5 Requirements for Safety Gloves

5.1. Dry leather, cloth, or rubber type gloves, in good condition, shall be worn by all persons removing or attaching a trolley pole to an energized trolley wire.

36CSR38

Series 41 Rule Governing Additional Requirements for Sheathed Explosive Units

W. Va. Code R. § 36-41-1 General

1.1. Scope. -- Rule Governing The Use Of Sheath Explosive Units For Underground Coal Mining in the State of West Virginia in Addition to the Requirements of W. Va. Code §§22A-2-29 through 22A-2-34.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- January 11, 2021.

1.4. Effective Date. -- February 11, 2021.

1.5. Effect of Regulations. -- This rule shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code §22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

W. Va. Code R. § 36-41-2 Definitions

2.1. All terms used in this rule, not defined herein, shall have the meanings set forth in W. Va. Code

§22A-1-2.

W. Va. Code R. § 36-41-3 Requirements for the Use of Sheathed Explosives in Underground Mining

3.1. Notwithstanding W. Va. Code §22A-2-33(d), sheathed explosives that are approved by the Mine Safety and Health Administration shall be permitted for use in West Virginia coal mines, provided however, that they are used in accordance with Sections 3.2. through 3.8. as stated herein.

3.2. Sheathed explosives units shall be primed and placed in a position for firing and detonated by a certified shot firer designated by mine management. To prime a sheathed explosive unit, the entire detonator shall be inserted into the well of the unit and be held securely in place.

3.3. A separate instantaneous detonator shall be used to fire each sheathed explosive unit.

3.4. Use, transportation, handling and storage of sheathed explosives shall be in accordance with the manufacturer’s specifications and applicable state and federal law.

3.5. Sheathed explosive units shall not be primed until immediately before units are placed where they are to be fired. A sheathed explosive unit shall not be primed if it is damaged or deteriorated.

3.6. No more than three sheathed explosive units shall be fired at one time.

3.7. No sheathed explosive unit shall be fired in contact with another sheathed explosive unit.

36CSR41

3.8. Certified shot firers and all persons responsible for the use, transportation and handling of sheathed blasting explosives shall be trained in the care and use of sheathed explosives.

Series 42 Sealing Permanently Closed Or Abandoned Mines

W. Va. Code R. § 36-42-1 General

1.1. Scope. -- Rules and regulations governing sealing permanently closed or abandoned mines.

1.2. Authority. -- W. Va. Code '22-6-4.

1.3. Filing Date. -- January 9, 1995.

1.4. Effective Date. -- July 1, 1995.

W. Va. Code R. § 36-42-2 Effective Law and Regulation

2.1. These regulations shall have the effect of the law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of Chapter 22, Article 1 of the West Virginia Code relative to enforcement are applicable to the enforcement of these regulations.

W. Va. Code R. § 36-42-3 Definitions

All terms used in these rules and regulations, not defined herein, shall have the meaning set forth in Section one, Article one A, Chapter twenty-two A of the Code.

W. Va. Code R. § 36-42-4 Sealing or Capping

4.1.

(a) Prior to the sealing or capping of any shaft, slope or drift opening, the operator must submit to the Director for approval its written plan for the safe sealing or capping. No sealing or capping may commence without written approval from the Director. Once submitted, the approval plan required by this section shall not be unreasonably withheld. If the Director does not approve such plan, he shall provide the operator, in writing, reasons for rejecting the plan. At a minimum, the plan must contain:

(1) detailed map(s) of the mine area to be abandoned;

(2) detailed drawings of the seal or cap design;

(3) the projected time-table for commencement and completion of the sealing or capping;

(4) the procedures to be used to adequately ventilate the areas to be sealed or capped while the work is conducted; and (5) Efforts should be taken to limit cutting and welding during sealing and capping operations however, precaution shall be taken if cutting and welding is used, including methane examinations underneath the cap.

36CSR42

Series 43 Rules And Regulations Governing Remote Controlled Extended Or Deep-Cut Mining Operations

W. Va. Code R. § 36-43-1 General

1.1. Scope. -- These rules and regulations apply to all working sections of underground coal mines utilizing remote controlled continuous mining machines, mining extended cuts or deep-cuts to a depth of face penetration which exceeds a normal cut. These rules and regulations do not apply to working sections wherein the continuous mining machine is remotely operated and taking normal cuts nor are they applicable at underground mining operations utilizing full face or partial face extraction methods wherein the mine roof is permanently supported as the mining machine advances beyond a normal cut.

1.2. Authority. - W. Va. Code '22-6-4c.

1.3. Filing Date. -- June 7, 1991.

1.4. Effective Date. -- July 8, 1991.

W. Va. Code R. § 36-43-2 Definition

2.1. For purposes of these rules and regulations a normal cut is hereby defined as the projected depth of face penetration or coal extraction by a continuous mining machine, measured from the furthermost point of the machine cutting drum to the machine operating controls.

W. Va. Code R. § 36-43-3 Requirements for Remote Controlled Extended or Deep-Cut Mining Operations; Special Consideration of Roof Control and Mine Ventilation Plans; Roof Bolting Procedures; Additional Precautions for Increased Worker Safety

3.1. Required Roof Control and Methane and Dust Control Plans and the compatibility of each system shall be applied on a mine-by-mine basis.

3.2. During mining and place changing with remote control miners, all persons shall be positioned in an area that will afford protection to themselves and others from unsupported roof and moving equipment. The remote control unit shall not be placed on top of the mining machine and operated from this position.

3.3. All persons shall remain under permanently supported top at all times during the mining operations. While the continuous miner is in operation extracting coal, no person shall proceed inby the next to last row of permanent supports, provided however, that the inby edge of the canopy of manned face haulage equipment or the manned continuous miner may be advanced to the last row of permanent supports.

3.4. No person shall be inby the continuous miner operator's work position while coal is being mined unless he notifies the operator and can be located in a safe position. Exception: Equipment operator's transporting the material being cut/loaded.

3.5. In the event of a continuous miner breakdown that requires persons to go inby existing permanent roof support to make repairs, the unsupported area where practical, will be permanently supported and the remaining unsupported roof supported with temporary supports set on 5-foot centers lengthwise and crosswise where miners are present or working. However, to reset the continuous miner breaker, a minimum of two rows of temporary supports on five foot centers to the breaker will be required, unless the side of the machine where the breaker is located is five feet or less from the rib, one row of temporary supports located not more than five feet from the rib will be acceptable. The installation of temporary supports required by this section shall be performed under the direct supervision of a certified foreman.

3.6. A conspicuous reference mark or some other visual means shall be provided for the workers to determine when the maximum depth of cut is attained. (Chalk marks are not acceptable)

3.7. An approved ATRS System will be maintained and used during bolting operations.

3.8. When a sidecut is planned to be turned from any mine entry, permanent roof supports shall be installed inby the projected inby rib of the proposed sidecut for a distance of ten feet or totally supported if the distance is less.

3.9. Roof supports shall be installed in sequence and spacing specified in the approved roof control plan.

3.10. All openings of unsupported crosscuts shall be supported with at least two rows of temporary supports on 4-foot center (crosswise) across the openings prior to work or travel in the intersection. This does not prevent preshift and on shift examination.

3.11. When crosscuts, in excess of a normal cut are developed on a working section, no more than two open, unsupported adjacent crosscuts in direct line with one another shall be permitted.

3.12. Where adverse roof conditions are encountered, the depth of the cuts shall be reduced to a depth sufficient to effectively control the mine roof.

3.13. During the mining of a final push-out only those persons necessary shall be allowed in the area of the immediate intersection.

3.14. All remote control continuous miners shall be equipped with a strobe light or equivalent device to give warning when methane gas concentrations reach one percent of more. In addition, a device to remotely activate the fire suppression system and the water supply shall be provided on the remote control panel (unit) or at another remote location under supported roof.

3.15. Methane examinations shall be made according to the requirements of W. Va Code '22A-2-43.

3.16 (a) Face ventilation shall be established according to the approved ventilation plan and W. Va. Code '22a-2-4. Air quality measurements to determine compliance with this requirement may be taken at the end of the line brattice or tubing.

(b) Notwithstanding W. Va. Code '22A-2-4(f), during remote control deep-cut mining operations, crosscuts for air shall be made not more than 120 feet apart and working places shall not be advanced more than 50 feet inby the projected crosscut prior to it's completion.

3.17. When the roof bolting cycle is started, the line brattice may be removed a sufficient distance to provide a safe work area and will be advanced as permanent supports are installed.

3.18. When flooded-bed scrubbers are used in conjunction with deep cut, remote mining, the scrubber screens shall be examined at least once each shift and cleaned if necessary. In addition, the entire scrubber will be examined after twenty four (24) production hours and cleaned if necessary.

36CSR43

Series 44 Mine Rescue Requirements for the Office of Miners Health, Safety and Training

W. Va. Code R. § 36-44-1 General

1.1. Scope. -- This rule governs mine rescue requirements for the Office of Miners’ Health, Safety and Training. This rule in no way should be construed as relieving mine operators from their requirement to either have their own mine rescue team or contract coverage.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- September 11, 2023.

1.4. Effective Date. -- October 11, 2023.

W. Va. Code R. § 36-44-2 Mine Rescue Requirements for the Office of Miners’ Health, Safety and Training

2.1. The Director shall develop a mine emergency operation plan for the mine rescue teams that represent the Office of Miners’ Health, Safety and Training that would include but is not limited to the following criteria:

2.1.1. Establish and maintain two (2) mine rescue stations within the Office of Miners’ Health, Safety and Training; one (1) located in the Northern area of the state, and one located in the Southern area of the state, at locations determined by the Director.

2.1.2. To establish one (1) fully trained mine rescue team per each Office of Miners’ Health, Safety and Training regional office.

2.1.3. The members assigned to the mine rescue and recovery work may be inspectors, instructors or other qualified employees of the office as the Director deems necessary. The Director shall employ additional employees as he/she deems necessary to fulfill the requirement of this Section.

2.1.4. To provide the necessary fully equipped mine rescue vehicles for each Office of Miners’ Health, Safety and Training mine rescue station that would include but is not limited to cell phones, satellite telephone, landline telephones (teleconferencing), on-site radios and fax/copy machines, computers with mine mapping software (CAD) and modems; and any other equipment deemed necessary by the Director.

2.1.5. To purchase new additional mine rescue equipment including but not limited to mask mounted radio connections and permissible radios for underground wireless communications; new lifeline/ communications reels with a “down hole” speaker microphone system; new additional handheld gas detectors and infra-red and electrochemical gas monitoring equipment, gas sampling tubing, satellite telephones and four channels of seismic inputs (geophones); and any other equipment as deemed necessary by the Director.

2.2. As used in this Section, mine rescue teams shall be considered available where teams are capable of presenting themselves at the mine site(s) within a reasonable time after notification of an occurrence which might require their services. Rescue team members will be considered available even though performing regular work duties or while in an off-duty capacity.

2.2.1. In the event of a fire, explosion, or recovery operations in or about any mine, the Director is hereby authorized to assign any mine rescue team to said mine to protect and preserve life and property. The Director may also assign mine rescue and recovery work to inspectors, instructors or other qualified employees of the office as he or she deems necessary.

2.2.2. The agency’s mine rescue team members shall be considered “duly qualified emergency service workers” as defined in W. Va. Code §15-5-11.

2.2.3. Each mine rescue team shall consist of five (5) members and one (1) alternate, who are fully qualified, trained and equipped for providing emergency mine rescue services. Each mine rescue team shall be trained by a state certified mine rescue instructor.

2.2.4. Each member of a mine rescue team must have been employed in an underground mine for a minimum of one (1) year. For the purpose of mine rescue work only, miners who are employed on the surface but work regularly underground meet the experience requirement. The underground experience requirement is waived for those members of a mine rescue team on the effective date of this rule.

2.2.5. An applicant for initial agency mine rescue training shall pass on at least an annual basis, a physical examination by a licensed physician certifying his or her fitness to perform mine rescue work. A record that such examination was taken, together with pertinent data relating thereto, shall be kept on file by the Director. A team member requiring corrective eyeglasses will not be disqualified provided the eyeglasses can be worn securely within an approved facepiece.

2.2.6. In determining whether an applicant is physically capable of performing mine rescue duties, the physician shall take the following conditions into consideration:

2.2.6.a. Seizure disorder;

2.2.6.b. Perforated eardrum;

2.2.6.c. Hearing loss without a hearing aid greater than 40 decibels at 400, 1000, and 2000 Hz;

2.2.6.d. Repeated blood pressure reading (controlled or uncontrolled by medication) which exceeds 160 systolic, or 100 diastolic, or which is less than 105 systolic, or 60 diastolic;

2.2.6.e. Distant visual acuity (without glasses) less than 20/50 Snellen scale in one eye, and 20/70 in the other;

2.2.6.f. Heart disease;

2.2.6.g. Hernia;

2.2.6.h. Absence of a limb or hand; or

2.2.6.i. Any other condition which the examining physician determines is relevant to the question of whether the miner is fit for rescue team service.

2.2.7. Upon completion of the initial training, all agency’s mine rescue team members shall receive at least ninety-six (96) hours of refresher training annually.

2.2.8. Each member of a mine rescue team shall be examined annually by a physician who shall certify that each person is physically fit to perform mine rescue and recovery work for prolonged periods under strenuous conditions.

W. Va. Code R. § 36-44-3 Physical Requirements

3.1. Any person making application to participate in initial agency mine rescue training shall have had an examination by a physician, who shall certify that such applicant is physically fit to perform mine rescue and recovery work while wearing a self-contained oxygen breathing apparatus. The physical examination shall be completed within thirty (30) days prior to scheduled initial training.

3.2. A physician shall fill out a form prescribed by the Director, and such form shall be presented to the Mine Rescue Training Instructor five (5) days prior to scheduled initial training.

W. Va. Code R. § 36-44-4 Agency Mine Rescue Team Members Compensation; Worker’s Compensation

4.1. Agency mine rescue team members are to be paid a minimum of $400 per month, with the rate thereafter to be determined annually by the Director.

4.2. When engaged in mine rescue work required by an explosion, fire or other emergency at a mine, all members of the agency’s mine rescue teams or other agency employees assigned to mine rescue operations shall, during the period of their mine rescue work, be employees of the operator of the mine where the emergency exists, and shall be compensated by the operator at the rate established in the area for such work. In no case shall this rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor at that mine and paid according to the following criteria:

4.2.1. Time and half – when on standby at hotel/home or when traveling to the mine.

4.2.2. Double time – working in the command center or when available on the surface or fresh air base underground or when assisting mine rescue operations from those locations.

4.2.3. Triple time – when inby the fresh air base underground.

4.3. Mine rescue work means all the work performed by agency mine rescue team members or agency employees during an emergency mine rescue operation in order to preserve and protect life and property at the mine. An emergency mine rescue operation due to an explosion, fire or other similar event may exist up until the mine is determined by the Director to be safe to be entered into without the need for persons to be with apparatus on or by the person, or without the need for remediation of a similar dangerous condition which would require the services of an agency mine rescue team.

4.4. The Director will invoice the operator and ensure proper distribution to the individual agency mine rescue team members.

4.5. The rates set forth in West Virginia Code of State Rules § 36-44-4.2 shall apply to mine rescue work and operations, unless a separate mine rescue services agreement between the Office of Miners’ Health Safety and Training and an operator specifically sets forth a different rate of compensation.

4.6. During the period of their emergency employment, members of mine rescue teams shall be protected by the workers’ compensation subscription of such emergency employer.

4.7. When the Director assigns agency mine rescue team members to perform emergency mine rescue work and there is no operator available to pay for the services under West Virginia Code § 22A-1-35 and West Virginia Code of State Rules § 36-44-4.2 the Director may authorize additional pay consistent with West Virginia Code of State Rules § 36-44-4.2.

4.8. Employees exempt from overtime compensation may receive the additional pay described in this section at the same rate paid to those employees eligible for overtime compensation.

Series 46 Rules And Regulations Governing The Safety Of Persons In And Around River Loadouts

W. Va. Code R. § 36-46-1 General

1.1 Scope. These rules govern safety of persons in and around river loadouts.

1.2 Authority. W. Va. Code §§ 22A-6-4 et seq.

1.3 Filing Date. September 28, 2009

1.4 Effective Date. October 1, 2009

1.5 Applicability. These regulations shall extend to all coal barges moored to any river loadout facility regulated by the Office of Miners' Health, Safety and Training.

W. Va. Code R. § 36-46-2 Effect of Law and Regulations

2.1 These regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law.

W. Va. Code R. § 36-46-3 Definitions

3.1 The term "Director" means the Director of the Office of Miners' Health, Safety and Training provided for in Chapter 22A, Article 1, Section 3 of the West Virginia Code.

3.2 The term "facing-up" means connecting the boat to the end of the barge or fleet of barges.

3.3 The term "gaging" means to verify the empty and/or loaded draft of the barge.

3.4 The term "moored" means a coal barge physically attached to a river loadout facility for the purpose of coal being loaded into the barge.

3.5 The term "operator" means any firm, corporation, partnership or individual operating any coal mine, or part thereof, or engaged in the construction of any facility associated with a coal mine. For purposes of this rule, the term "operator" does not include any firm, corporation, partnership or individual solely engaged in the business of delivery or retrieval of barges to the facility.

3.6 The term "riverman" means a person employed by an operator to engage in the loading and/or inspecting of coal on a barge at the river loadout facility regulated by the Office of Miners'

Health, Safety and Training.

3.7 The term "working line" means any line other than a rigging wire used to position, maneuver, or secure a barge.

W. Va. Code R. § 36-46-4 Training Requirements of Rivermen Working on River Barges

4.1 No operator may require or allow a riverman, in the course of his or her employment, to board a barge used for the transport of coal unless the riverman has successfully completed riverman task training promulgated by the Board of Miner Training, Education and Certification which shall include safety training, mandatory use of life jackets while aboard a barge, working lines, handling materials, facing-up, proper use of wire rigging, moving barge to loadout and set-up, gaging during and after loading, precautions to gaging, placing empty barges, securing empty barges, maneuvering of barges, slack in lines, pinch points, communicating with boat operator, avoiding shadows, and transitioning from boat to barge or barge to loadout. All persons covered by this provision shall have such required training and annual re-training recorded on an MSHA 5000-23 form a copy of which shall be maintained at the facility for a period of at least one (1) year. Notwithstanding the effective date of this rule, the provisions of this subsection related to promulgation of training requirements for rivermen shall be effective on January 1, 2010.

4.2 (A) No operator may require or allow any person to board a barge unless the person is wearing a life jacket approved by the United States Coast Guard.

(B) No operator may require or allow any riverman to board a barge unless he or she is equipped with and trained in the use and purpose of: (1) An operable strobe light; and (2) A marine whistle with lanyard.

(C) At all times a riverman is aboard a barge, he or she shall be equipped with a submersible, two-way communication device.

4.3 Any person other than a trained riverman shall be hazard trained before boarding a barge and shall be at all times within sight and sound of a trained riverman while aboard the barge. This requirement does not apply to employees of any firm, corporation, partnership or individual solely engaged in the business of delivery or retrieval of barges to the facility.

DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF AIR QUALITY BRIEFING DOCUMENT

Rule Title: 36 CSR 46 - Rules and Regulations Governing the Safety of Persons in and Around River Loadouts A.

AUTHORITY:

W. Va. Code § 22A-6-4 B.

SUMMARY OF RULE:

This rule establishes safety mechanisms to assist in preventing injury to "rivermen" defined as the people employed by an operator to engage in the loading and/or inspecting of coal on a barge at the river loadout facility regulated, by the Office of Miner's Health, Safety and Training.

C.

REQUIREMENTS:

Promulgation of this rule will enhance the safety of all people engaged in the loading and or inspection of coal.

Series 47 Rules and Regulations Governing High Voltage Longwalls

W. Va. Code R. § 36-47-1 General

1.1. Scope. -- To govern electrical safety standards that apply to high-voltage longwall circuits and equipment. All other existing standards in West Virginia State Mining Laws, Rules and Regulations or in 30 CFR MSHA Regulations must also apply to these longwall circuits and equipment where appropriate.

1.2. Authority. -- W. Va. Code §22A-6-1 et seq.

1.3. Filing Date. -- November 16, 2011.

1.4. Effective Date. -- November 17, 2011.

W. Va. Code R. § 36-47-2 Effect of law and regulations

2.1. These regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law.

W. Va. Code R. § 36-47-3 Electrical protection

3.1. High-voltage circuits must be protected against short circuits, overloads, ground faults, and undervoltages by circuit-interrupting devices of adequate interrupting capacity as follows:

3.1.a. Current settings of short-circuit protective devices must not exceed the setting specified in approval documentation, or seventy-five percent of the minimum available phase-to-phase short-circuit current, whichever is less.

3.1.b. Time-delay settings of short-circuit protective devices used to protect any cable extending from the section power center to a motor- starter enclosure must not exceed the settings specified in approval documentation, or 0.25-second, whichever is less. Time delay settings of short-circuit protective devices used to protect motor and shearer circuits must not exceed the settings specified in approval documentation, or three cycles, whichever is less.

3.1.c. Ground-fault currents must be limited by a neutral grounding resistor to not more than --

3.1.c.1. 6.5 amperes when the nominal voltage of the power circuit is 2,400 volts or less; or

3.1.c.2. 3.75 amperes when the nominal voltage of the power circuit exceeds 2,400 volts.

3.1.d. High-voltage circuits extending from the section power center must be provided with --

3.1.d.1. Ground-fault protection set to cause deenergization at not more than 40 percent of the current rating of the neutral grounding resistor;

3.1.d.2. A backup ground-fault detection device to cause deenergization when a ground fault occurs with the neutral grounding resistor open; and

3.1.d.3. Thermal protection for the grounding resistor that will deenergize the longwall power center if the resistor is subjected to a sustained ground fault. The thermal protection must operate at either 50 percent of the maximum temperature rise of the grounding resistor, or 150 deg. C (302 deg. F), whichever is less, and must open the ground-wire monitor circuit for the high-voltage circuit supplying the section power center. The thermal protection must not be dependent upon control power and may consist of a current transformer and overcurrent relay.

3.1.e. High-voltage motor and shearer circuits must be provided with instantaneous ground-fault protection set at not more than 0.125-ampere.

3.1.f. Time-delay settings of ground-fault protective devices used to provide coordination with the instantaneous ground-fault protection of motor and shearer circuits must not exceed 0.25-second.

3.1.g. Undervoltage protection must be provided by a device which operates on loss of voltage to cause and maintain the interruption of power to a circuit to prevent automatic restarting of the equipment.

3.2. Current transformers used for the ground-fault protection specified in paragraphs 3.1.d.1. and 3.1.e. of this section must be single window-type and must be installed to encircle all three phase conductors. Equipment safety grounding conductors must not pass through or be connected in series with ground-fault current transformers.

3.3. Each ground-fault current device specified in paragraphs 3.1.d.1. and 3.1.e. of this section must be provided with a test circuit that will inject a primary current of 50 percent or less of the current rating of the grounding resistor through the current transformer and cause each corresponding circuit-interrupting device to open.

3.4. Circuit-interrupting devices must not reclose automatically.

3.5. Where two or more high-voltage cables are used to supply power to a common bus in a high-voltage enclosure, each cable must be provided with ground-wire monitoring. The ground-wire monitoring circuits must cause deenergization of each cable when either the ground-monitor or grounding conductor(s) of any cable become severed or open. All connected cables on newly installed longwalls must be protected as follows:

3.5.a. When one circuit-interrupting device is used to protect parallel connected cables, the circuit-interrupting device must be electrically interlocked with the cables so that the device will open when any cable is disconnected; or

3.5.b. When two or more parallel circuit-interrupting devices are used to protect parallel connected cables, the circuit-interrupting devices must be mechanically and electrically interlocked. Mechanical interlocking must cause all devices to open simultaneously and electrical interlocking must cause all devices to open when any cable is disconnected.

W. Va. Code R. § 36-47-4 Disconnect devices

4.1. The section power center must be equipped with a main disconnecting device installed to deenergize all cables extending to longwall equipment when the device is in the “open” position.

4.2. Disconnecting devices for motor-starter enclosures must be maintained in accordance with the approval requirements set forth by Title 30 CFR §18.53 of paragraph (f). The compartment for the disconnect device must be provided with a caution label to warn miners against entering the compartment before deenergizing the incoming high- voltage circuits to the compartment.

4.3. Disconnecting devices must be rated for the maximum phase-to-phase voltage of the circuit in which they are installed, and for the full-load current of the circuit that is supplied power through the device.

4.4. Each disconnecting device must be designed and installed so that --

4.4.a. Visual observation determines that the contacts are open without removing any cover;

4.4.b. All load power conductors can be grounded when the device is in the “open” position; and

4.4.c. The device can be locked in the “open” position.

4.5. Disconnecting devices, except those installed in explosion-proof enclosures, must be capable of interrupting the full-load current of the circuit or designed and installed to cause the current to be interrupted automatically prior to the opening of the contacts of the device. Disconnecting devices installed in explosion-proof enclosures must be maintained in accordance with the approval requirements as set forth by the Code of Federal Regulations 30 CFR §18.53 paragraph (f)(2)(iv).

W. Va. Code R. § 36-47-5 Guarding of cables

5.1. High-voltage cables must be guarded at the following locations:

5.1.a. Where persons regularly work or travel over or under the cables.

5.1.b. Where the cables leave cable handling or support systems to extend to electric components.

5.2. Guarding must minimize the possibility of miners contacting the cables and protect the cables from damage. The guarding must be made of grounded metal or nonconductive flame-resistant material.

W. Va. Code R. § 36-47-6 Cable handling and support systems

6.1. Longwall mining equipment must be provided with cable-handling and support systems that are constructed, installed and maintained to minimize the possibility of miners contacting the cables and to protect the high-voltage cables from damage.

W. Va. Code R. § 36-47-7 Use of insulated cable handling equipment

7.1. Energized high-voltage cables must not be handled except when motor or shearer cables need to be trained. When cables need to be trained, high-voltage insulated gloves, mitts, hooks, tongs, slings, aprons, or other personal protective equipment capable of providing protection against shock hazard must be used to prevent direct contact with the cable. Any such equipment will be provided for by the employer.

7.2. High-voltage insulated gloves, sleeves, and other insulated personal protective equipment must --

7.2.a. Have a voltage rating of at least Class 1 (7,500 volts) that meets or exceeds ASTM F496-97, “Standard Specification for In-Service Care of Insulating Gloves and Sleeves” (1997).

7.2.b. Be examined before each use for visible signs of damage.

7.2.c. Be electrically tested every thirty days after initial use and, every year when properly stored and not in use. This must be done in accordance with publication ASTM F496-97.

7.2.d. Be removed from the underground area of the mine or destroyed when damaged or defective.

7.2.e. A record of insulated cable handling equipment must be made, kept in a book prescribed by the Director and made available to all interested persons upon request.

7.2.f. Will be provided for by the employer.

7.3. All electrical protective equipment used to handle energized high-voltage trailing cables shall be provided by the mine operator.

W. Va. Code R. § 36-47-8 Motor-starter enclosures; barriers and interlocks

Compartment separation and cover interlock switches for motor- starter enclosures must be maintained in accordance with the approval requirements as set fourth by MSHA.

W. Va. Code R. § 36-47-9 Electrical work; troubleshooting and testing

9.1. Electrical work on all circuits and equipment associated with high-voltage longwalls must be performed only by persons certified. No electrical work shall be performed on low-, medium-, or high-voltage distribution circuits or equipment, except by a certified person or by a person trained to perform electrical work and to maintain electrical equipment under the direct supervision of a certified person.

9.2. Prior to performing electrical work, except for troubleshooting and testing of energized circuits and equipment as provided for in paragraph 9.4. of this section, a certified person must do the following:

9.2.a. Deenergize the circuit or equipment with a circuit-interrupting device.

9.2.b. Open the circuit disconnecting device. On high-voltage circuits, ground the power conductors until work on the circuit is completed.

9.2.c. Lock out the disconnecting device with a padlock. When more than one certified person is performing work, each person must install an individual padlock.

9.2.d. Tag the disconnecting device to identify each person working and the circuit or equipment on which work is being performed.

9.3. Each padlock and tag must be removed only by the person who installed them, except that, if that person is unavailable at the mine, the lock and tag may be removed by a person authorized by the operator, provided --

9.3.a. The authorized person is qualified under paragraph 9.1. of this section; and

9.3.b. The operator ensures that the person who installed the lock and tag is aware of the removal before that person resumes work on the affected circuit or equipment.

9.4. Troubleshooting and testing of energized circuits must be performed only --

9.4.a. On low- and medium-voltage circuits;

9.4.b. When the purpose of troubleshooting and testing is to determine voltages and currents; and

9.4.c. By persons certified to perform electrical work and who wear protective gloves on circuits that exceed 40 volts but is less than 1000 volts. Gloves must be tested in accordance with the following:

9.4.c.1. Class 0 gloves (used at less than 1000 volts) must be electrically tested every 6 months when in use and every year when not in use and properly stored. A record of these gloves must be kept in a book prescribed by the Director and made available for authorized representatives of the West Virginia Office of Miner’s Health, Safety and Training upon request.

9.4.d. Rubber insulating gloves must be rated at least for the nominal voltage of the circuit when the voltage of the circuit exceeds 40 volts.

9.5. Before troubleshooting and testing a low- or medium-voltage circuit contained in a compartment with a high-voltage circuit, the high-voltage circuit must be deenergized, disconnected, grounded, locked out and tagged in accordance with paragraph 9.2. of this section.

9.6. Prior to the installation or removal of conveyor belt structure, high-voltage cables extending from the section power center to longwall equipment and located in the belt entries must be:

9.6.a. Deenergized; or

9.6.b Guarded in accordance with of this part, at the location where the belt structure is being installed or removed; or

9.6.c. Located at least 6.5 feet above the mine floor.

W. Va. Code R. § 36-47-10 Testing, examination and maintenance

10.1. At least once every 7 days, a person certified in accordance with West Virginia State Mining Laws, Rules and Regulations shall perform electrical work on all circuits and equipment must test and examine each unit of high-voltage longwall equipment and circuits to determine that electrical protection, equipment grounding, permissibility, cable insulation, and control devices are being properly maintained to prevent fire, electrical shock, ignition, or operational hazards from existing on the equipment. Tests must include activating the ground-fault test circuit as required by this section.

10.2. Each ground-wire monitor and associated circuits must be examined and tested at least once each 30 days to verify proper operation and that it will cause the corresponding circuit-interrupting device to open.

10.3. When examinations or tests of equipment reveal a fire, electrical shock, ignition, or operational hazard, the equipment must be removed from service immediately or repaired immediately.

10.4. At the completion of examinations and tests required by this section, the person who makes the examinations and tests must certify by signature and date that they have been conducted. A record must be made of any unsafe condition found and any corrective action taken. Certifications and records must be kept for at least one year and must be made available for inspection by authorized representatives of the Office of Miners’ Health, Safety and Training and representatives of miners.

W. Va. Code R. § 36-47-11 Underground high-voltage longwall cables

11.1. In addition to the high-voltage cable design specifications, high-voltage cables for use on longwalls may be a type SHD cable with a center ground-check conductor no smaller than a No. 16 AWG stranded conductor. The cables must be MSHA accepted as flame-resistant.

36CSR47

36CSR47

Series 48 Rules And Regulations Governing High Voltage Continuous Miners

W. Va. Code R. § 36-48-1 General

1.1. Scope. -- To govern electrical safety standards that apply to high-voltage continuous miners.

1.2. Authority. -- W. Va. Code §22A-6-1 et seq.

1.3. Filing Date. -- August 16, 2010.

1.4. Effective Date. -- August 17, 2010.

W. Va. Code R. § 36-48-2 Effect of Law and Regulations

2.1. These regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law.

W. Va. Code R. § 36-48-3 High Voltage Protection

3.1. The nominal voltage of power circuits shall not exceed 2,400 volts.

3.2. The nominal voltage of the control circuits shall not exceed 120 volts.

3.3. The ground-fault current shall be limited by a neutral grounding resistor to not more than 0.5 ampere. Current transformers used for the ground-fault protection shall be the single-window type and shall be installed to encircle all three-phase conductors.

3.4. The trailing cable for the 2,400-volt continuous miner circuit shall be provided with instantaneous ground-fault protection set at not more than 0.125 ampere. The ground-fault protection device shall be equipped with an impedance measuring feature, "Look-Ahead" circuit, to guard against closing the circuit breaker on a circuit that has an existing ground-fault condition.

3.5. The neutral grounding resistor shall be provided with backup ground fault protection that will de-energize the primary of the transformer if a ground fault occurs with the neutral grounding resistor open. This protection shall be set at 40% of the maximum voltage that could appear across the neutral grounding resistor during a ground fault. A time delay set at the lowest practical value that permits reliable coordination shall be permitted. The time delay shall not exceed 0.250 second.

3.6. The neutral grounding resistor for the transformer supplying power to the 2,400-volt continuous miner shall be provided with thermal protection that will de-energize the incoming high-voltage circuit supplying power to the power center if the grounding resistor is subjected to a sustained ground-fault. The thermal protection shall operate at either 50 percent of the maximum temperature rise of the grounding resistor, or 1500 C (3020 F), whichever is less. The thermal protection shall not be dependent upon control power and may consist of a current transformer and overcurrent relay in the grounding resistor circuit.

3.7. The trailing cable for the continuous miner shall be provided with instantaneous short-circuit protection set at no more than the setting specified in the continuous miner approval documentation or 75 percent of the minimum phase-to-phase short-circuit current available at the continuous miner, whichever is less.

3.8. The short-circuit protective device shall contain no intentional time delay and shall be based on the maximum asymmetrical starting current or have a time delay of no more than 0.05 seconds and be based on the maximum symmetrical starting current. The time delay settings shall not exceed the settings specified in the approval documentation.

3.9. Guarding made of grounded metal or nonconductive flame-resistant material shall be provided to minimize the possibility of miners contacting the high-voltage trailing cable and to protect the high-voltage trailing cable from damage. The high-voltage trailing cable shall be installed on well insulated insulators or guarded at the following locations:

3.9.a. The high-voltage trailing cable shall be guarded at the power center cable coupler for a distance of 10 feet.

3.9.b. The high-voltage trailing cable shall be installed on well insulated insulators from the power center to the last open crosscut and shall be guarded at any location on the working section where it may be damaged by moving equipment. That portion of the trailing cable that is located in or inby the last open crosscut shall be hung when other equipment cables must cross the high-voltage trailing cable.

3.9.c. The high-voltage trailing cable shall be provided with a guard that extends from the high-voltage miner cable entrance gland for a distance of a minimum of 10 feet.

W. Va. Code R. § 36-48-4 Cable Crossings

4.1. When equipment must cross any portion of the cable, the cable must either be suspended from the roof or protected by a cable crossover having the following specifications:

4.1.a. Have a minimum length of 33 inches;

4.1.b. Have a minimum width of 17 inches;

4.1.c. Have a minimum height of 3 inches;

4.1.d. Have a cable placement area that is a minimum of two and one half inches (2 1/2") high by four and one quarter inches (4 1/4") wide;

4.1.e. Use nonconductive material for the crossover;

4.1.f. Made of material with a distinctive color. The color black shall not be used;

4.1.g. Made of material that has a minimum compressive strength of 6,400 per square inch (psi).

W. Va. Code R. § 36-48-5 Splices and Repairs

5.1. Splices and repairs in high-voltage trailing cables shall be made only by a certified electrician or an apprentice electrician under the immediate supervision of a certified electrician who has received hands-on training in the proper methods of splicing and repairing these high-voltage trailing cables.

5.1.a. Splice means the mechanical joining of one or more severed conductors in a single length of cable including replacement of: insulation, semi-conductive tape, metallic shielding, and outer jacket(s).

5.1.b. Repair means to fix damage to any component of the cable other than the conductor.

5.2. Each splice or repair made underground in a high-voltage trailing cable shall be made in a workman-like manner and in accordance with the instructions of the manufacturer of the repair materials.

5.3. Temporary and/or permanent tape type splices in any high-voltage trailing cable is prohibited. Only MSHA approved permanent high-voltage splice kits containing outer jacket boots or wrap type outer jackets, either heat and/or cold application types, will be acceptable.

5.4. Only four (4) permanent splices will be allowed at any one time for the portion of the high-voltage trailing cable that extends from the continuous miner outby for a distance of 300 feet. Splicing of the high-voltage trailing cable within 35 feet of the continuous miner is prohibited.

W. Va. Code R. § 36-48-6 High Voltage Trailing Cables

6.1. The high-voltage trailing cable shall be designed as follows:

6.1.a. A 100 percent semi-conductor tape shielding over each insulated power conductor;

6.1.b. A grounded metallic braid shielding over each insulated power conductor;

6.1.c. A ground-check conductor not smaller than a number 10 A.W.G.; or if a center ground-check conductor is used, not smaller than a number 16 A.W.G. stranded conductor; and

6.1.d. Either a double-jacket or single-jacket as follows:

6.1.d.1. A double-jacketed cable consisting of reinforced outer and inner protective layers. The inner layer must be a distinctive color from the outer layer. The color black shall not be used for either of the two protective insulation layers. The tear strength must be more than 40 pounds per inch thickness and tensile strength must be more than 2,400 pounds per square inch.

6.1.d.2. A single-jacketed cable. The cable jacket must not be black. The tear strength must be more than 100 pounds per inch thickness and tensile strength must be more than 4,000 pounds per square inch.

W. Va. Code R. § 36-48-7 Examinations

7.1. Frequency of examination; record keeping:

7.1.a. Once each production shift a certified electrician shall de-energize and inspect the entire length of the high-voltage trailing cable from the section power center to the continuous miner. The inspection shall include inspecting the integrity of the outer jacket of the high-voltage trailing cable, all permanent splices, and those areas where protective guarding is required.

7.1.b. At least once every seven days, a person qualified must test and examine high-voltage continuous mining machines to determine that electrical protection, equipment grounding, permissibility, cable insulation, and control devices are being properly installed and maintained.

7.1.c. At least once every seven days, a certified electrician must activate the ground-fault test circuit to verify that it will cause the corresponding circuit-interrupting device to open.

7.1.d. At least once every seven days, a certified electrician must examine and test each high-voltage continuous mining machine ground-wire monitor circuit to verify that it will cause the corresponding circuit-interrupting device to open.

7.1.e. Record of Tests:

7.1.e.1. At the completion of examinations and test required under Items (a), (b), (c), and (d) of this section, the person conducting the examinations and tests must:

7.1.e.1.A. Certify by signature and date that the examinations and tests have been conducted.

7.1.e.1.B. Make a record of any unsafe condition found.

7.1.e.2. Any corrective action(s) must be recorded by the person taking the corrective action.

7.1.e.3. The record must be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman’s or the equivalent mine official’s next regularly scheduled working shift.

7.1.e.4. Records must be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.

7.1.e.5. Certifications and records must be kept for at least 1 year and must be made available for inspection by authorized representatives of the Secretary and representatives of miners.

7.1.f. When examinations or tests of equipment reveal a risk of fire, electrical shock, ignition or operational hazard, the equipment must be immediately removed from service or repaired.

W. Va. Code R. § 36-48-8 Test Circuits

8.1. Each ground-fault current device shall be provided with a test circuit that will inject a current of 50 percent or less of the current rating of the grounding resistor and cause each corresponding circuit interrupting device to open. The test circuit shall not subject the equipment to an actual phase-to-phase ground fault.

8.2. All components that provide short-circuit protection shall have an interruption rating in accordance with maximum short-circuit currents available inby that circuit interrupting device(s), and shall be rated for the maximum phase-to-phase voltage of the circuit.

8.3. High-voltage circuits shall be protected against short-circuits, overloads, ground faults, and undervoltage by a circuit interrupting device of adequate interrupting capacity.

8.4. The miner high-voltage trailing cable shall be provided with undervoltage protection which operates on loss of voltage to cause and maintain the interruption of power to the circuit to prevent automatic restarting of the equipment.

8.5. Circuit interrupting devices shall not reclose automatically.

W. Va. Code R. § 36-48-9 Disconnecting Devices

9.1. The section power center shall be equipped with a main disconnecting device installed to de-energize the primary of all transformers supplying high-voltage power when the device is in the open position. The high-voltage trailing cable extending to section equipment shall be equipped with a disconnecting device installed to de-energize the trailing cable when the device is in the open position.

9.1.a. The power center must be equipped with an externally accessible emergency stop switch hard wired into the incoming ground-wire monitor circuit that de-energizes the incoming high-voltage power circuit to the section power center in the event of an emergency.

9.2. The compartment for the disconnect device and the compartment(s) that provide access to energized conductors or parts shall be provided with caution label(s) to warn miners against entering the compartment(s) before de-energizing and grounding the high-voltage circuits and before any capacitor storage devices located within the compartment(s) have been discharged and grounded. A grounding device for discharging capacitor storage devices shall be provided and stored in a dry location. A label shall be installed and maintained at the grounding device storage location to readily identify its location.

9.3. Disconnecting devices shall be rated for the maximum phase-to-phase voltage of the circuit in which they are installed, and shall be rated for the full load current of the circuit that is supplied power through the device.

9.4. Each disconnecting device shall be designed, installed and maintained so that:

9.4.a. It can be determined by visual observation that the contacts are open without removing any cover;

9.4.b. All load power conductors can be grounded when the device is in the "open" position; and

9.4.c. The device can be locked in the "open" position.

9.4.d. If a cable coupler is used as the disconnecting device, a clearly identified grounding receptacle must be provided. The conductors in the high-voltage cable must be connected to the grounded frame of the metallic power center enclosure by means of the grounding receptacle. A lockout device will be provided to lock the cable coupler to the grounding receptacle. A dust cover shall be placed on the power receptacle from which the cable was disconnected.

9.5. Disconnecting devices, except those installed in explosion-proof enclosures, shall be capable of interrupting the full-load current of the circuit or designed and installed to cause the current to be interrupted automatically prior to the opening of the contacts of the device.

9.6. Disconnecting devices installed in explosion-proof enclosures shall be maintained in accordance with the approval documentation.

W. Va. Code R. § 36-48-10 Signage

10.1. An identification sign shall be located near each high voltage visible disconnect device at the power center providing power directly to the high voltage continuous mining machine.

W. Va. Code R. § 36-48-11 Control Circuits and Barriers

11.1. The control circuit for the power center shall be interlocked with the primary disconnecting device in the power center so that:

11.1.a. When the primary disconnecting device is in the open position, the control circuit can only be powered through an auxiliary switch in the test position; and

11.1.b. When the primary disconnecting device is in the closed position, the control circuit can be powered only through an auxiliary switch in the normal position.

11.2. Each cover or removable barrier providing access to energized high-voltage conductors or parts must be equipped with at least two interlock switches. Removal of any of these covers must automatically de-energize the incoming high-voltage to the power center.

11.3. The control circuit of each 2400-volt output circuit shall be located in a properly dead fronted compartment. Trouble shooting or testing shall be able to be performed in the control circuit compartment without exposing miners to high-voltage conductors or parts.

11.4. Barriers shall be provided and covers shall be arranged so that miners can work in the 2400-volt section of the power center without being exposed to any energized high-voltage conductors or parts, including capacitors, when the primary disconnect switch is in the open and grounded position.

11.5. Barriers shall be provided and covers shall be arranged so that miners can test and troubleshoot low and medium voltage circuits without being exposed to any energized high-voltage conductors or parts, including capacitors, regardless of the position of the primary disconnect switch.

W. Va. Code R. § 36-48-12 Trouble-shooting

12.1. Trouble-shooting and testing of energized circuits shall be limited to the following:

12.1.a. Trouble-shooting and testing of energized circuits shall only be conducted on low and medium voltage circuits; and

12.1.b. Trouble-shooting and testing of energized low- or medium-voltage circuits and equipment shall only be performed by persons certified to perform electrical or an apprentice electrician under the immediate supervision of a certified electrician. These persons shall wear rubber insulating gloves rated at least for the nominal voltage of the low- or medium-voltage circuit or equipment while trouble-shooting or testing.

12.2. Any on-board ungrounded, three-phase power circuit must be equipped with a light that will indicate a grounded-phase condition. The indicator light must be installed so that it can be observed by the continuous mining machine operator from any location the machine is normally operated. The machine must have a test circuit for the indicator light circuit to ensure that the circuit is operating properly. The test circuit must be designed so that when activated, it does not require removal of any electrical enclosure cover or create a double-phase to ground fault. A test circuit for the ground-fault indicator system shall be provided and a functional test of the system shall be conducted at least every seven (7) days. The test circuit shall be wired in a manner that the circuit cannot be bypassed. When the ground-fault indicator light indicates a ground fault on any of the ungrounded circuits, the following maintenance procedures shall be implemented.

12.2.a. The continuous miner shall only be trammed to a well supported area; and

12.2.b. The ground-fault shall be located and corrected prior to the continuous miner being placed back into operation.

12.3. Each output circuit from the section power center shall be equipped with a MSHA approved ground-wire monitoring device. Each receptacle shall be interlocked with the ground wire monitor circuit such that the circuit interrupting device will open when the trailing cable is disconnected from the power center receptacle.

12.4. Each ground-wire monitor and associated circuits shall be examined and tested at least weekly to verify proper operation and to verify that it will cause the circuit interrupting device to open.

12.5. Before any electrical work (including testing, troubleshooting, and fault finding) is performed inside any compartment of the section power center containing high-voltage components or parts, including capacitors, person(s) with electrical certification to perform high-voltage work shall determine that the contacts of the primary disconnect device in the power center are open and grounded, shall lock-out and tag the primary disconnect device, and shall assure that all 2400-volt capacitors have been discharged and grounded.

12.6. Before any electrical work (including testing, troubleshooting, and fault finding) is performed on any trailing cable or piece of section mining equipment supplied power by a trailing cable from the section power center, a certified electrician qualified to perform high-voltage work shall determine that the contacts of the secondary disconnect device are open and grounded, and shall lock-out and tag the secondary disconnect device.

12.7. Each person who is to perform work on the circuit or equipment must install a lockout device and shall be clearly identified on a tag that is attached to the visual disconnecting device. In cases of high voltage work each person must confirm that circuits are properly grounded.

12.8. Each padlock(s) and tag shall be removed only by the person(s) who installed them, except that if that person is unavailable, the lock and tag may be removed by a person authorized by the operator provided that the authorized person is qualified to perform electrical work on high-voltage circuits and equipment as required and that the authorized person determines that the removal of the lock and tag does not pose a hazard to miners.

12.9. Trouble-shooting and testing shall only be performed to determine voltage or current waveforms. Electrical work such as changing parts, repairing parts, tightening electrical connections or devices in energized panels or working on energized cables is prohibited.

W. Va. Code R. § 36-48-13 Trailing Cables

13.1. During normal operations of making unit power moves, either advancement or retreat or when it becomes necessary to move additional slack high-voltage trailing cable from the power center to the last open crosscut, the high-voltage cable shall be deenergized, locked and tagged out, prior to the high-voltage trailing cable being handled or a unit power move is made.

13.2. The 2400-volt continuous miner trailing cable shall only be connected to the working section power center. With the exception of the continuous miner trailing cable, handling of any other energized high-voltage power cable in the mine is prohibited.

13.3. All electrical protective equipment used to handle energized high-voltage trailing cables shall be provided by the mine operator.

13.4. Miners shall not handle or move the energized high-voltage trailing cables unless they are wearing properly tested, Class 1 rated insulated gloves (minimum 7500-volts rating). Miners must not handle energized high-voltage cables with any parts of their bodies except by hand and with the proper high voltage equipment.

13.5. Other electrical protective equipment, such as tongs or hot sticks may be used in conjunction with the properly rated insulated gloves while handling the energized high-voltage trailing cable if the protective equipment is rated to withstand at least 7,500 volts, designed and manufactured for cable handling, is not damaged or defective.

W. Va. Code R. § 36-48-14 Protective Equipment

14.1. Electrical personal protective equipment shall be visually inspected before each use for signs of damage or defects.

14.2. Rubber gloves shall be examined and tested before each use to ensure their effectiveness, and electrically tested every thirty days in accordance with publication ASTM F496-02a.

14.2.a. The rubber glove portion must be air-tested at the beginning of each shift to ensure its effectiveness.

14.2.b. Both the leather protector and rubber insulating gloves must be visually examined before each use for signs of damage or defects.

14.2.c. Damaged rubber gloves must be removed from the underground area of the mine or destroyed. Leather protectors must be maintained in good condition or replaced.

14.3. Damaged or defective protective equipment shall not be used and shall be destroyed immediately and removed from the mine by the completion of the shift on which the equipment was found to be defective.

14.4. Personal protective equipment shall be electrically tested and stored in accordance with a nationally recognized standard, such as ASTM 496-91.

W. Va. Code R. § 36-48-15 Inspection

15.1. Each ground-fault test circuit shall be actuated weekly by a certified electrician or an apprentice electrician under the immediate supervision of a certified electrician qualified to perform electrical work on high-voltage circuits and equipment and this qualified person shall also activate the emergency stop button and verify that the corresponding devices open.

15.2. The continuous mining machine(s) must not be used for cutting purposes or operated in the mining and production of coal until after The Office of Miners’ Health, Safety and Training has inspected the equipment and procedures and determined both are in compliance with all the terms and conditions of this regulation.

W. Va. Code R. § 36-48-16 Training

16.1. Prior to using the high-voltage continuous miner system, training shall be conducted for all qualified persons on the proper testing procedures to be utilized. All miners assigned to work in the area of the high-voltage trailing cable shall be instructed in the safety precautions for handling and use of high-voltage trailing cables. The training shall be "hands on" specific, and shall be incorporated into the annual refresher training plan for the mine.

16.2. Specialized training for certified electricians will be required to repair, maintain and/or trouble-shoot the high-voltage trailing cable and equipment. This training shall focus on the requirements of this law and other applicable laws set forth by the State of West Virginia. The safety committee at the mine or other interested persons may monitor this training.

W. Va. Code R. § 36-48-17 Tramming

17.1. Tramming the continuous mining machine in and out of the mine, and from section to section, must be done in accordance as follows:

17.1.a. The power source must not be located in areas where permissible equipment is required;

17.1.b. The continuous mining machine must not be used for mining or cutting purposes, except when powered by the approved high voltage power center;

17.1.c. The energized high-voltage cable must be mechanically secured on-board the continuous mining machine, if applicable;

17.1.d. Prior to tramming the continuous mining machine:

17.1.d.1. A certified electrician must activate the ground-fault and ground-wire monitor test circuits of the power sources to ensure that the corresponding circuit-interrupting device opens the circuit;

17.1.d.2. Corrective actions and recordkeeping resulting from these tests must be made;

17.1.d.3. Where applicable, a certified electrician designated by the mine operator must activate the test circuit for the grounded-phase detection circuit on the continuous mining machine to ensure that the detection circuit is functioning properly. Corrective actions resulting from this test failure must be made.

17.2. In addition, the following power sources may be used only to tram the continuous mining machine:

17.2.a. A medium-voltage power transformer or a step up low to medium power transformer can be used to supply 995 volts through a trailing cable to the continuous mining machine. The medium-voltage power transformer or low to medium transformer must not be used to back-feed the high-voltage circuits of the continuous mining machine; and meet all applicable requirements for medium-voltage and low voltage.

17.2.b. Alternate methods for tramming with power sources other than those listed are prohibited unless a permit is issued by the director or his authorized representative.

W. Va. Code R. § 36-48-18 Validation of Existing Waivers

18.1. Upon the effective date of the enactment of this regulation all waivers previously granted for modifying W. Va. Code §22A-2-40(80) by the Technical Review Committee for operation of high voltage miners will be null and void.

18.2. All other existing standards in West Virginia State Mining Laws, Rules and Regulations or in Title 30 Code of Federal Regulations must also apply to these high voltage continuous miner circuits and equipment where appropriate.

36CSR48

36CSR48

Series 53 Rules Governing Hoisting Machinery; Telephones; Safety Devices; Hoisting Engineers and Drum Runners in Underground Coal Mines

W. Va. Code R. § 36-53-1 General

1.1. Scope. -- This rule governs the use of hoisting machinery, communication, safety devices, hoisting engineers and drum runners in underground coal mines.

1.2. Authority. -- W. Va. Code §22-6-4.

1.3. Filing Date. -- October 4, 2013.

1.4. Effective Date -- January 5, 2014.

W. Va. Code R. § 36-53-2 Effect of Law and Regulations

2.1. These regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law.

W. Va. Code R. § 36-53-3 Communications

3.1. The operator of every coal mine shall have at least two effective methods of communication, approved by the Director, for signaling from the top to the bottom and intermediate landings of shafts/slopes, 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/slope station(s) and person(s) at the hoist room; Signaling systems used for communication between shaft/slope stations and the hoist room shall be tested daily.

W. Va. Code R. § 36-53-4 Hoist Equipment

4.1. General.

4.1.1. Hoists shall have rated capacities consistent with loads handled or hoisted. The load capacity of the hoist system shall be posted in a conspicuous place at the loading point(s) and hoisted loads shall not exceed those limits.

4.1.2. Hoisting equipment used to transport personnel shall be equipped with over-speed, over-wind, over-lap, and automatic stop controls.

4.1.3. Every hoist utilizing a platform, cage, or other device used to transport personnel shall be equipped with brakes capable of stopping the fully loaded platform, cage, or other device. Cages, platforms, or other devices used to transport personnel in shafts and slopes shall be equipped with safety catches or other equally effective devices approved by the Director that act quickly and effectively in the event of an emergency. Such catches or devices shall be tested at least once every sixty days. A record shall be made in a book approved by the Director of the tests of the safety catches or other devices. Each entry shall be signed by the person making the tests and countersigned by a responsible official.

4.1.4. Hoists used to transport persons shall be equipped with two (2) independent means of braking that are each capable of stopping and holding the fully loaded platform, cage, or other device at any point in the shaft, slope, or incline.

4.1.5. Where the mine is operated 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.

4.1.6. In no instance shall more than twenty persons be transported on a cage or car without the approval of the director.

4.1.7. No person shall ride on a loaded cage or car used to carry materials or equipment in any shaft, slope, or incline, nor in a cage or car that is directly or indirectly connected to such a loaded cage or car.

4.1.8. A sufficient cover shall be provided overhead on hoisting equipment used to transport personnel.

4.1.9 The empty cage/car shall be operated up and down the shaft/slope at least one round trip at the beginning of each shift, and after the hoist has been idle for one hour or more before hoisting or lowering men.

4.1.10. Where a hoisting engineer is required, he or she shall be readily available at all times when men are in the mine.

4.1.11. Cages and elevators shall have an emergency power source unless provided with other escapeway facilities. Emergency power sources shall be tested at least once every thirty (30) days and the date and results of such tests shall be recorded.

4.1.12. Machinery and related components used for lowering and hoisting persons and/or equipment into or out of shafts/slopes shall be properly maintained in a safe operating condition, equipped with a reliable indicator, and visually inspected once in each twenty-four hour period by a certified electrician who has been trained in the inspection of hoisting/elevator equipment.

4.2. Drum clutch; cage construction.

4.2.1. The clutch of a free-drum on a personnel hoist shall be provided with a locking mechanism or interlocked with the brake to prevent accidental withdrawal of the clutch.

4.2.2. Cages used for hoisting persons shall be constructed with the permanent sides enclosed to a height of at least six feet and the sides used to enter and exit the case shall have gates, safety chains, or bars across the ends of the case when person are being hoisted or lowered.

4.2.3. Self-dumping cages, platforms, or other devices used for transportation of persons shall have a locking device to prevent tilting when persons are transported.

4.2.4. Precautions shall be taken to protect persons working in shaft sumps.

4.2.5. Workers shall wear safety belts while doing work in or over shafts.

4.3. Daily Visual Examinations.

Hoists and elevators shall be examined daily according to the manufacturer’s recommended guidelines and such examinations shall include, but not be limited to, the following:

4.3.1. Elevators: An examination of the rope for wear, broken wires, and corrosion, especially at excessive strain points such as near the attachments and where the rope rests on sheaves;

4.3.2. Hoists and elevators:

4.3.2.a. An examination of the rope fastenings for defects;

4.3.2.b. An examination of safety catches;

4.3.2.c. An examination of the cages, platforms, elevators, or other devices for loose, missing or defective parts;

4.3.2.d. An examination of the head sheaves to check for broken flanges, defective bearings, rope alignment, and proper lubrication;

4.3.2.e. An observation of the lining, wear pads, rollers, and all other equipment and appurtenances installed in the shaft.

4.3.2.f. At the completion of each daily examination, the person making the examination shall certify, by signature and date, that the examination has been made. If any unsafe condition is found during the examinations required, the person conducting the examination shall make a record of the condition and the date. Management shall ensure any unsafe conditions are corrected prior to hoisting operations. Certifications and records shall be retained for one year.

4.4. Entrances to shafts and slopes.

4.4.1. General.

A waiting station with sufficient room, ample clearance from moving equipment, and adequate seating facilities shall be provided where personnel 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. Personnel shall not travel or perform work in slopes or other types of hoistways during hoisting operations, except as approved by the Director or a representative of the Director.

4.4.2. Shafts.

4.4.2.a. All open entrances to hoist shafts shall be equipped with an approved safety gate at the top of the shaft and at each landing. Such gates shall be self-closing and shall be kept closed except when the cage is at such landing.

4.4.2.b. 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/car or other hoisting apparatus.

4.4.3. Slopes.

4.4.3.a. 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.

4.4.3.b. Signal lights and horns shall be installed and maintained at waiting station(s), landings, and at intervals throughout the length of slope(s), sufficient to give warning of hoisting equipment operating in the slope.

4.4.4. Standards of conduct.

4.4.4.a. Engineers or drum runners employed to operate hoisting equipment shall be competent, sober, and shall be continuously responsible for the safe operation of hoisting equipment. No one shall interfere with any part of the hoisting machinery, the duties of hoisting personnel, or any phase of the hoisting operation. An Engineer is not required for automatically operated cages, cars, elevators or platforms.

4.4.4.b. Where required, hoisting engineers shall be available at all times when personnel are present in the mine. No engineer is required for automatically operated cages, elevators, or platforms.

4.4.5. Automatic elevators.

4.4.5.a. The doors of automatic elevators shall be equipped with interlocking switches so arranged that the elevator car will be immovable while any door is opened or unlocked, and arranged so that such door or doors cannot be inadvertently opened when the elevator car is not at a landing.

4.4.5.b. 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 in the event of an emergency

4.4.5.c. A slack cable device shall be used where appropriate on automatic elevators which will automatically shut-off the power and apply the brakes in the event the elevator is obstructed while descending.

4.4.5.d. Each automatic elevator shall be provided with a telephone or other effective communication system by which aid or assistance can be obtained promptly.

4.4.6. Guide Ropes.

If guide ropes are used in shafts for personnel hoisting applications other than shaft development, the nominal strength (manufacturer's published catalog strength) of the guide rope at installation shall meet the minimum value calculated as follows: Minimum value = Static Load x 5.0.

4.4.7. Wire ropes; scope.

4.4.7.a. This section applies to wire ropes in service used to hoist (i) and (ii) herein, but do not apply to wire ropes for elevators:

4.4.7.a.1. Persons, materials, and equipment in shafts or slopes underground;

4.4.7.a.2. Loads in shaft or slope development when persons work below the suspended loads.

4.4.7.b. Minimum rope strength.

At installation, the nominal strength (manufacturer's published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which "L" equals the maximum suspended rope length in feet:

4.4.7.b.1. Winding drum ropes (all constructions, including rotation resistant).

4.4.8.b.1.A. For rope lengths less than 3,000 feet: Minimum Value = Static Load x (7.0--0.001L)

4.4.8.b.1.B. For rope lengths 3,000 feet or greater: Minimum Value = Static Load x 4.0

4.4.7.b.2. Friction drum ropes.

4.4.7.b.2.A. For rope lengths less than 4,000 feet: Minimum Value = Static Load x (7.0--0.0005L)

4.4.7 b.2.B. For rope lengths 4,000 feet or greater: Minimum Value = Static Load x 5.0

4.4.7.b.3. Tail ropes (balance ropes).

4.4.7.b.3.A. Minimum Value = Weight of Rope x 7.0

4.4.7.c. Initial measurement.

After initial rope stretch but before visible wear occurs, the rope diameter of newly installed wire ropes shall be measured at least once in every third interval of active length and the measurements averaged to establish a baseline for subsequent measurements. The established baseline measurement shall be recorded and kept on file and accessible to representatives of the Director throughout the lifespan of the ropes.

4.4.7.d. Lubrication of ropes Wire ropes used for hoisting equipment or personnel shall be adequately lubricated according to the manufacturer’s specifications.

4.4.7.e. Examinations.

4.4.7.e.1. At least once every seven (7) calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change-of-layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be visually examined on a daily basis. At the completion of each examination required by this section 4.3, the person making the examination shall certify, by signature and date, that the examination has been made. If any condition listed in this section 4,3 is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retrained for one year.

4.4.7.e.2. Before hoisting of equipment or personnel with a newly installed wire rope, the wire rope shall be examined:

4.4.7.3.2.A. Wherever wear is evident;

4.4.7.3.2.B. Where the hoist rope rests on sheaves at regular stopping points;

4.4.7.3.2.C. Where the hoist rope leaves the drum at regular stopping points; and

4.4.7.3.2.D. At drum crossover and change-of-layer regions.

4.4.7.e.3. At least once every one-hundred eighty (180) calendar days, nondestructive tests shall be conducted of the active length of the rope and rope diameter measurements shall be made at least once every ninety (90) calendar days.

4.4.7.e.4. The person making the measurements or nondestructive tests as required by paragraph (3) of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.

4.4.7.f. Load end attachments.

4.4.7.f.1. Wire rope shall be attached to the load by a method that develops at least 80 percent of the nominal strength of the rope.

4.4.7.f.2. Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.

4.4.7.f.3. Load end attachment methods using splices are prohibited.

4.4.7.g. Drum end attachment.

4.4.7.g.1. For drum end attachment, wire rope shall be attached

4.4.7.g.1.A. Securely by clips after making one full turn around the drum spoke;

4.4.7.g.1.B. Securely by clips after making one full turn around the shaft, if the drum is fixed to the shaft; or

4.4.7.g.1.C. By properly assembled anchor bolts, clamps, or wedges, provided that the attachment is a design feature of the hoist drum. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.

4.4.7.g.2. A minimum of three full turns of wire rope shall be on the drum when the rope is extended to its maximum working length.

4.4.8. End attachment re-termination.

4.4.8.a. Damaged or deteriorated wire rope shall be removed by cutoff and the rope re-terminated where there is

4.4.8.a.1. More than one broken wire at an attachment;

4.4.8.a.2. Improper installation of an attachment;

4.4.8.a.3. Slippage at an attachment; or

4.4.8.a.4. Evidence of deterioration from corrosion at an attachment.

4.4.9. End attachment replacement.

4.4.9.a. Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.

4.4.10. Retirement of wire ropes.

4.4.10.a. Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the following conditions occurs:

4.4.10.a.1. The number of broken wires within a rope lay length, excluding filler wires, exceeds either—

4.4.10.a.1.A. Five percent of the total number of wires; or

4.4.10.a.1.B. Fifteen percent of the total number of wires within any strand;

4.4.10.a.2. On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length;

4.4.10.a.3. A loss of more than one-third of the original diameter of the outer wires;

4.4.10.a.4.Rope deterioration from corrosion;

4.4.10.a.5. Distortion of the rope structure;

4.4.10.a.6. Heat damage from any source;

4.4.10.a.7. Diameter reduction that exceeds six percent of the baseline diameter measurement; or

4.4.10.a.8. Loss of more than ten percent of rope strength as determined by nondestructive testing.

36CSR53

36CSR53

Series 56 Rules Governing Arrangements for Emergency Medical Assistance and Transportation for Injured Persons

W. Va. Code R. § 36-56-1 General

1.1. Scope. – Rules and regulations governing Arrangements for emergency medical assistance and transportation for injured persons; agreements; reporting requirements; posting requirements.

1.2. Authority. – W. Va. Code §22-6-4; §22-6-5(b)

1.3. Filing Date. – December 13, 2013.

1.4. Effective Date. – January 1, 2014.

W. Va. Code R. § 36-56-2 Effects Of Regulations

2.1. These rules and regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of Article 1A, Chapter 22A of the Code relative to enforcement are applicable to the enforcement of these rules and regulations.

W. Va. Code R. § 36-56-3 Arrangements for Emergency Medical Assistance and Transportation for Injured Persons; Agreements; Reporting Requirements; Posting Requirements

3.1. Within 30 days of the effective date of this regulation an independent contractor shall make arrangements for emergency transportation for any person injured at the mine including a map to the mine and make arrangements with a licensed physician, medical service, medical clinic, or hospital to provide 24-hour emergency medical assistance for any person injured at the mine. Said arrangements shall specify the names and addresses of these service providers.

3.2. Within 30 days of the effective date of this regulation, all mine operators and independent contractors shall include the information required by sub section 3.1 into the comprehensive mine safety program for new mining operations started up after the effective date of this rule. All independent contractors per sub section 3.1 of this rule shall include directions to any applicable work site currently not contained within existing emergency plans of the mine operator

3.3. Each operator and or independent contractor shall, within 10 days after any change of the arrangements required to be reported under the provisions of this regulation, report such changes to The Director or an authorized representative of the Director. If such changes involve a substitution of persons, the operator, sub-contractor, and or independent contractor shall provide the name, title, and address of the person substituted together with the name and address of the medical service, medical clinic, hospital, or ambulance service with which such person or persons are associated.

3.4. Each operator, sub-contractor, and or independent contractor shall designate an ambulance route and shall clearly post signs at the entrance of the mine indicating designated ambulance routes as well as clearly marking each designated ambulance route.

3.5. Those performing technical work 2 days or more are required to report to the guard or mine office the work to be performed, location of work, and number individuals expected to perform the work and a plan compatible with this regulation. A record of this report will be kept at the guard or mine office.

3.6. Independent contractors working underground or on surface areas of an active underground mine and independent contractors working on the active area of surface mines and preparation plants covered by the operator will not be affected by this rule.

36CSR56

Series 57 Rule Governing Proximity Detection Systems and Haulage Safety Generally

W. Va. Code R. § 36-57-1 General

1.1. Scope. -- This rule pertains to the implementation of provisions designed to protect miners from injuries sustained when becoming contacted by or caught between or by mobile equipment and other equipment or structures mobile or stationary in underground coal mines operating in West Virginia.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.1.3. Filing Date. – February 1, 2024.1.4. Effective Date. – April 1, 2024.

W. Va. Code R. § 36-57-2 Definitions

2.1. Director. -- Director shall mean the Director of the Office of Miner's Health, Safety, and Training or the Director's authorized representative.

2.2. Proximity detection system. -- A system that must be capable of providing an audible and visual warning prior to safely shutting down mobile equipment, and must be capable of stopping the mobile equipment before contacting a miner.

W. Va. Code R. § 36-57-3 Proximity Detection System Requirements

3.1. A proximity detection system includes machine-mounted components and miner-wearable components.

3.2. A proximity detection system must meet the following requirements:

3.2.1. Cause a machine, which is tramming from place to place or repositioning, to stop before contacting a miner except for a miner who is in the on-board operator's compartment;

3.2.2. Provide an audible and visual warning signal on the miner-wearable component and a visual warning signal on the machine that alerts miners before the system causes a machine to stop. These warning signals must be distinguishable from other signals;

3.2.3. Provide a visual signal on the machine that indicates the machine-mounted components are functioning properly;

3.2.4. Prevent movement of the machine if any machine-mounted component of the system is not functioning properly. However, a system with any machine-mounted component that is not functioning properly may allow machine movement if it provides an audible or visual warning signal, distinguishable from other signals, during movement. Such movement is permitted only for purposes of relocating the machine from an unsafe location for repair;

3.2.5. Be installed to prevent interference with or from other electrical systems; and

3.2.6. Be installed and maintained in proper operating condition by a person trained in the installation and maintenance of the system.

W. Va. Code R. § 36-57-4 Proximity Detection Systems Required

4.1. All place change continuous miners on the working section shall have a proximity detection system installed and maintained.

W. Va. Code R. § 36-57-5 Care, Maintenance, and Performance Minimum for Proximity Detection Systems

5.1. Proximity detection system checks.

5.1.1. Operators must:

5.1.1.a. Designate a person who must perform a check of machine-mounted components of the proximity detection system to verify that components are intact, that the system is functioning properly, and take action to correct defects:

5.1.1.a.1. At the beginning of each shift when the machine is to be used; or

5.1.1.a.2. Immediately prior to the time the machine is to be operated if not in use at the beginning of a shift; or

5.1.1.a.3. Within one (1) hour of a shift change if the shift change occurs without an interruption in production.

5.1.1.b. Check for proper operation of miner-wearable components at the beginning of each shift that the components are to be used and correct defects before the components are used.

5.2. Certifications and records.

5.2.1. The operator must make and retain certifications and records as follows:

5.2.1.a. At the completion of the check of machine-mounted components required under Subsection 5.1.1. of this Section, a certified person, as defined in W. Va. Code §22A-1-2, must certify by initials, date, and time that the check was conducted. Defects found as a result of the check, including corrective actions and dates of corrective actions, must be recorded before the end of the shift;

5.2.1.b. Make a record of the defects found as a result of the check of miner-wearable components required under Subdivision 5.1.1.b. of this Section, including corrective actions and dates of corrective actions;

5.2.1.c. Make a record of the persons trained in the installation and maintenance of proximity detection systems required under Subsection 3.2.6. of this Section;

5.2.1.d. Maintain records in a secure book or electronically in a secure computer system not susceptible to alteration and capable of producing a record; and

5.2.1.e. Retain records for at least one (1) year and make them available for inspection by the Director, or his/her authorized representative, or interested persons as defined by W. Va. Code §22A-1-2.

5.3. The Director shall impose all applicable penalties pursuant to W. Va. Code §22A-1-21 on any person that, without the authorization of the operator or the Director or the Director's authorized representative, knowingly tampers or attempts to tamper with a proximity detection system or related equipment approved by the Director.

W. Va. Code R. § 36-57-6 Requirements for Section Haulage Equipment

6.1. Scoops, diesel powered equipment, and other battery powered section haulage equipment operating in-by the section loading point not provided with compatible proximity detection systems shall at a minimum:

6.1.1. Employ cameras; or

6.1.2. Be equipped with other alternatives as recommended by the West Virginia Board of Coal Mine Health and Safety and approved by the Director that provide warnings to equipment operator and or persons who are traveling in the area.

W. Va. Code R. § 36-57-7 Pre-Operation Equipment Checks

7.1. Each working shift prior to its operation, all self-propelled equipment to be operated during that shift shall be examined by the equipment operator for safety defects and/or unsafe conditions.

7.2. Pre-operational equipment examination required under Section 7.1. of this Series shall include the following items at a minimum. In addition, a list of the following items shall be maintained on such equipment:

7.2.1. Stop/start control;

7.2.2. Panic bar;

7.2.3. Tram controls;

7.2.4. Steering;

7.2.5. Service brakes;

7.2.6. Automatic emergency brakes, if applicable;

7.2.7. Lights;

7.2.8. Warning device;

7.2.9. Canopies, where required;

7.2.10. ATRS system and boom controls on roof bolting machines;

7.2.11. Proximity detection systems or cameras, if applicable;

7.2.12. Park Brakes.

7.3. Additionally, all equipment operators shall:

7.3.1. Ensure adequate visibility and that there are no extraneous objects on top of the equipment that serves to inhibit or restrict operator visibility. It shall be the responsibility of the equipment operator to remove such items from the equipment;

7.3.2. Inspect audible warning devices and cameras, if applicable; and

7.3.3. Confirm that an appropriate amount of danger tags (also known as “Do Not Operate Tags”) and/or items that can be used as danger tags, i.e. pen and paper, are kept and available for use near the various locations upon which equipment is kept and maintained at the start and end of all shifts or upon the operator’s person.

7.4. Upon completion of the required examination under Section 7.1 of this Series, if the equipment is determined to be unsafe, the individual making the examination shall report such unsafe equipment to his/her foreman. Any unsafe equipment shall be taken out of service and tagged until such unsafe condition is corrected. Before the unit of equipment can be placed back into service, the operator of such unit shall make a pre-operational examination.

W. Va. Code R. § 36-57-8 Equipment Operators to Check Haulage Routes

8.1. In addition to the provisions under West Virginia Code of State Rules §36-25-12, before operating a piece of section haulage equipment on a working section underground for the first time during a shift, the equipment operator shall physically walk the path of travel to observe for hazards or non-routine work being performed in the path of travel or any individual that may be in path of travel.

W. Va. Code R. § 36-57-9 Equipment Operators to Sound Warning Devices

9.1. All equipment operators of underground section haulage equipment shall sound the audible alarm on the equipment at the start-up and when approaching and moving through any brattice material or check curtains to warn any miner in the vicinity.

W. Va. Code R. § 36-57-10 Reflective or Highly Visible Materials Requirements

10.1. Mine operators shall provide all miners with at least 100 square inches of reflective or highly visible material to be worn at all times while underground in a coal mine in this state. The reflective or highly visible material shall be readily visible and on the outer garments so as to be seen from all directions.

W. Va. Code R. § 36-57-11 Designated Work Site Program

11.1. Approved strobe lights, extension rods (pogo sticks) or cones shall be used in all working sections of an underground mine where maintenance, repair or rehabilitation work is being performed and where there is an unusually high risk of collision or contact by any other equipment that may be traveling in the affected area. Approved strobe lights, extension rods (pogo sticks) or cones shall be installed so as to provide warning and caution others approaching of the work area. If an approved strobe light is not utilized, a minimum of four (4) extension rods (pogo sticks) or four (4) cones or other devices approved by the Director must be used in each travel way of the affected area.

Series 58 Rules Governing Impoundment Safety Procedures

W. Va. Code R. § 36-58-1 General

1.1. Scope. -- This rule establishes procedures governing impoundment safety procedures.

1.2. Authority. -- W. Va. Code §22-6-4.

1.3. Filing Date. -- July 8, 2015.

1.4. Effective Date. -- August 17, 2015.

1.5. These rules and regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of Article 1A, Chapter 22A of the Code relative to enforcement are applicable to the enforcement of the rules and regulations.

W. Va. Code R. § 36-58-2 Definitions

2.1. All terms used in these rules and regulations, not defined herein, shall have the meanings set forth in W. Va. Code §22A.1.1.

2.2. Life-saving skiff shall be defined as a shallow, flat-bottomed open boat with sharp bow and square stern

W. Va. Code R. § 36-58-3 General Safety Procedures

3.1. Dumping areas or material fill areas shall be constructed, installed and maintained in a manner to ensure safe operation and stability.

3.2. All persons whose job assignments require exposure to the hazards involved with dumping areas or fill areas shall be trained in the procedures and potential hazards that exist in these areas. A record shall be kept of such instructions.

3.3. Additional safeguards related to slurry impoundments, but not limited to the following:

3.3.a. Employees working over or near water, where the danger of drowning exists, shall be provided with United State Coast Guard approved life jackets or buoyant work vests.

3.3.b. Prior to and after each use, the buoyant work vests or life preservers shall be inspected for defects that would alter their strength or buoyancy. Defective units shall not be used.

3.3.c. Ring buoys with at least ninety (90) feet of line shall be provided and readily available for emergency rescue operations.

3.3.d. At least one (1) life-saving skiff shall be immediately available at locations where employees are working over or adjacent to water.

36CSR58

36CSR58

Series 59 Supervision of Underground Apprentices in Areas Other Than the Working Section

W. Va. Code R. § 36-59-1 General

Scope. -- This rule pertains to the supervision of apprentices in underground coal mines in locations other than the working section operating in West Virginia.

1.2. Authority. -- W. Va. Code §§22A-6-4 and 22A-6-5.

1.3. Filing Date. -- September 11, 2023.

1.4. Effective Date. -- October 11, 2023.

W. Va. Code R. § 36-59-2 Definitions

2.1. Apprentice -- Apprentice shall mean the holder of a permit of apprenticeship issued by the Director.

2.2. Director -- Director shall mean the Director of the Office of Miner's Health, Safety, and Training or the Director's authorized representative.

2.3. Working section -- The term “working section” means all areas of the coal mine from the loading point of the section to and including the working faces.

W. Va. Code R. § 36-59-3 Supervision of apprentices

3.1. As stated in §22A-8-5 on the working section:

3.1.1. Any miner holding a certificate of competency and qualification (experienced miner) may have one (1) person working with him or her, and under his or her supervision and direction, as an apprentice, for the purpose of learning and being instructed in the duties and calling of mining.

3.1.2. Any mine foreman or fire boss, or assistant mine foreman or fire boss, may have three (3) persons working with him or her under his or her supervision and direction, as apprentices, for the purpose of learning and being instructed in the duties and calling of mining.

3.2. In areas other than the working section:

3.2.1. Any miner holding a certificate of competency and qualification having a minimum of two (2) years total mining experience may have two (2) persons working with him or her, and under his or her supervision and direction, as an apprentice, for the purpose of learning and being instructed in the duties and calling of mining.

3.2.2. That a mine foreman, assistant mine foreman, or fire boss supervising apprentices in an area where no coal is being produced or which is outby the working section may have as many as five (5) apprentices under his or her supervision and direction, as apprentices, for the purpose of learning and being instructed in the duties and calling of mining or where the operator is using a production section under program for training of apprentice miners, approved by the Board of Coal Mine Health and Safety.

Series 60 Rules and Regulations Governing Equipment and Operations for Open-Pit Mines, the Surface of Underground Mines, Preparation Plants and Loadouts

W. Va. Code R. § 36-60-1 General

1.1. Scope. -- Rule governing surface mobile equipment requirements and operations for open-pit mines, the surface of underground mines, preparation plants and loadouts.

1.2. Authority. -- W. Va. Code §§ 22A-6-4, 22A-6-5, 22A-4-2

1.3. File Date. – December 16, 2025

1.4. Effective Date. – January 15, 2026

W. Va. Code R. § 36-60-2 Effect of Rule

2.1. This rule shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law. All provisions of W. Va. Code § 22A-1-1 et seq. relative to enforcement are applicable to the enforcement of this rule.

W. Va. Code R. § 36-60-3 Definitions

3.1. All terms used in this rule, not defined herein, shall have the meanings set forth in W. Va. Code §§ 22A-1-2, 22A-4-1.

3.2 “Designated maintenance area” shall mean an area identified by the operator for conducting maintenance and repair tasks, based on the site’s risk assessment and operational layout.

W. Va. Code R. § 36-60-4 General Requirements

4.1. The following requirements apply to surface mobile equipment and operations in open-pit mines, surface of underground mines, preparation plants and loadouts. The following requirements do not apply to track mounted equipment on the surface areas of underground mines. Routine maintenance shall be exempt from this rule.

4.1.1. When equipment repairs that are above and beyond ordinary repairs are being performed in an area other than a designated maintenance area, the operator is required to:

4.1.1.a. Develop a safety zone around the surface mobile equipment. This safety zone may implement the use of physical barriers such as road cones, signage, flashing strobes or any combination of those or other devices that would clearly identify the safety zone. Within this safety zone, surface mobile equipment must be secured from movement and arrested on the ground.

4.1.1.b. Limit the personnel in that area to those needed to conduct the repair.

4.1.1.c. Require that all people working in that area have a two-way radio.

4.1.1.d. Require that between the time 30 minutes before sunset to 30 minutes after sunrise, sufficient lighting will be provided by cap lights, strobe lights, individual headlights, vehicle lights, not including vehicle headlights, or other means to ensure the area is adequately illuminated at all times.

4.1.2. All personnel while out of surface mobile equipment must wear 100 square inches of reflective material that can be seen from all directions on the outermost garment from the waist up. This material must be made available by the operator to its employees.