H. B. 4402
(By Delegates Caputo, Kuhn, Tucker,
Sparks, Butcher and Dempsey)
[Introduced February 4, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section thirty-nine, article two,
chapter twenty-two-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
requiring that crossing facilities be constructed at intervals
not to exceed one thousand feet on moving belt conveyors in
Be it enacted by the Legislature of West Virginia:
That section thirty-nine, article two, chapter twenty-two-a
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 2. UNDERGROUND MINES.
§22A-2-39. Belt conveyor; installation; maintenance; examination
of belt conveyors and belt entries.
(a) On or after the first day of July, one thousand nine
hundred seventy-one, all conveyor belts acquired for use
underground shall be flame-resistant conveyor belts.
(b) A clear travelway at least twenty-four inches wide shall
be provided on both sides of all belt conveyors installed after the
first day of July, one thousand nine hundred seventy-one. Where
roof supports are installed within twenty-four inches of a belt
conveyor, a clear travelway at least twenty-four inches wide shall
be provided on the side of
such the support farthest from the
(c) On belt conveyors that do not transport
men people, stop
and start controls shall be installed at intervals not to exceed
one thousand feet. Such The controls shall be properly installed
and positioned so as to be readily accessible.
(d) Persons shall not cross moving belt conveyors, except
where suitable crossing facilities are provided. Suitable crossing
facilities shall be provided at intervals not to exceed one
thousand feet on moving belt conveyors.
(e) All belt conveyors shall be inspected by a certified belt
examiner, mine foreman-fireboss or assistant mine foreman-fireboss
for frozen rollers and fire hazards following the last production shift each week, also before holidays, vacation periods, as
hereinafter provided, with records kept of daily inspection.
(f)(1) Belt conveyors on which coal is transported on any
shift shall be examined during each coal-producing shift.
examination shall be made of belt conveyors and belt conveyor
entries for unsafe conditions including, but not limited to, mine
gases, frozen rollers, hazardous roof or rib conditions and fires.
(2) Whenever an on-shift examination of a belt conveyor and
belt conveyor entry has not been made during the preceding shift,
an examination shall be made of the belt conveyor and belt conveyor
entry prior to the conveyor being started; or if any miner is going
to enter the belt conveyor entry, then the area where
miner will be working shall be examined. Such The examination
shall be made by a certified mine foreman-fireboss, assistant mine
foreman-fireboss, or a certified belt examiner. Thereafter,
on-shift examinations by a certified belt examiner, mine
foreman-fireboss or assistant mine foreman-fireboss shall be made
as herein required.
(g) In the conduct of the examination, the belt examiner, mine
foreman-fireboss or assistant mine foreman-fireboss shall travel
the full extent of the belt conveyor or belt conveyor entry assigned and shall place his or her initials and the date and time
of his or her examination at or near each belt head and along each
belt conveyor he or she examines. Should the belt examiner, mine
foreman-fireboss or assistant mine foreman-fireboss find a
condition which he or she considers dangerous to persons entering
such area, he or she shall erect a danger sign to prevent other
persons from entering the area and notify his or her immediate
supervisor of the condition. Only state or federal inspectors or
authorized representatives of the miners, and persons authorized by
mine management to correct the condition, may enter
such the area
while the danger sign is posted. At the conclusion of each shift,
belt examiners, mine foreman-firebosses or assistant mine
foreman-firebosses shall record in a book provided for that purpose
the results of their examination, including comments concerning the
physical condition of the belt conveyor and the area where the belt
conveyor is located. Such The book shall be examined and
countersigned by the mine foreman or his assistant and by the
person conducting such the examination on the next oncoming shift.
(h) The examinations set forth in this section shall be the
only examinations required of belt conveyors and belt conveyor
entries, notwithstanding any provision of sections fourteen, twenty or any other section of this chapter relating to the examination of
belt conveyors and belt conveyor entries.
(i) The board of miner training, education and certification
shall establish criteria and standards for the training,
examination and certification of "belt examiners." Persons seeking
to be certified as a "belt examiner" must hold a miner's
certificate and have at least two years practical underground
Such The training, examination and
certification program shall, as a minimum, require a demonstration
of knowledge of belt conveyors roof control, ventilation and gases.
(j) Deluge-type water sprays, water sprinklers, dry chemical
sprinkler system or foam generators (designed to be automatically
activated in the event of a fire or rise in the temperature at or
near the belt drive) shall be installed at each main and secondary
conveyor drive that are located underground.
(k) All underground belt conveyors shall be equipped with
slippage and sequence switches.
(l) Telephones or other suitable communications shall be
provided at points where supplies are regularly loaded or unloaded
from the belt conveyors.
(m) After supplies have been transported on belt conveyors,
such the belts shall be examined by a belt examiner, mine
foreman-fireboss or assistant mine foreman-fireboss for unsafe
conditions prior to the transportation of men people.
(n) No person shall be permitted to perform any work within
the confines of the cargo space of a crusher or feeder, unless the
crusher or feeder has been deenergized and locked out.
NOTE: The purpose of this bill is to require crossing
facilities to be constructed at intervals not to exceed one
thousand feet on moving belt conveyors in mines.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would