Senate Bill No. 606

(By Senators Ross, Helmick and Anderson)

____________

[Introduced February 21, 2000; referred to the Committee on Energy, Industry and Mining.]
____________




A BILL to amend and reenact section six, article two, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the movement of mining equipment in underground mines.

Be it enacted by the Legislature of West Virginia:
That section six, 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-2-6. Movement of equipment in underground mines.
(a) Notwithstanding any other provisions of law, including any rule, regulation or court ruling, equipment moves in underground mines shall be performed in accordance with this section.
(b) For purposes of this section, "major" equipment moves means equipment moves in underground entries where energized trolley wire or feeder wire is present, regardless of the distance away from the equipment being moved, or in track or nontrack entries where twelve inches of clearance from an energized power source other than trolley wire or feeder wire cannot be maintained.
(c) For purposes of this section, "minor" equipment moves means equipment moves:
(1) In nontrack and trolley entries where an energized power source does not exist within twelve inches of the equipment being moved or trammed; or
(2) In track and trolley entries where the trolley wire and feeder wire is deenergized and no other energized power source exists within twelve inches of the equipment being moved or trammed.
(d) For purpose of this section, equipment moves are considered "major" or "minor" as defined herein, and include mining equipment and supplies that exceed the height, width, or length of the mine car or motor normally used.
(e) Mining equipment being transported or trammed underground, other than during ordinary sectional movements, shall be transported or trammed by qualified personnel under the direct supervision of a certified foreman.
(f) When transporting mining equipment in track haulage entries with battery powered locomotives, a qualified person shall be stationed at all times during the move, at a place where that person is in direct communication with persons actually engaged in the moving or transporting operation. This person shall be available to promptly restore the trolley power in the event of an emergency.
(g) When major equipment moves are conducted, no person may be inby the equipment in the ventilating split of air that is passing over the equipment.
(h) Minor equipment moves may be conducted with persons inby the move, if a representative of the miners employed at the mine is afforded the opportunity to be present during the move, and the representative of miners may suffer no loss of pay.
(i) During all equipment moves, a communication person located on the surface shall be provided with a list of persons and areas of the mine where people will be located. The surface communication person shall be in communication with a person located on each affected section or area of the mine who is constantly within sight and sound of the underground communications facility and can promptly notify persons working in the general area. The underground person shall remain in communication with the surface person until the equipment move proceeds in the area. The surface communications person pursuant to this section shall, at a minimum, possess a miner's certificate and knowledge of the mine ventilation system and escape ways.
(j) Prior to transporting equipment pursuant to this section, all persons engaged in the equipment pursuant to this section, all persons engaged in the equipment moves shall receive an initial training session provided by the operator regarding the contents of this section. In addition, underground escape routes shall be reviewed with all affected miners prior to making equipment moves pursuant to this section.
(k) A readily available vehicle to safely remove a sick or injured person from the mine by the equipment move shall be maintained outby the equipment during the move.
(l) The following conditions do not constitute an equipment move pursuant to this section:
(1) When the size of the equipment being moved or trammed is equal to or less than the height, width, or length of the mining car or motor normally used; or
(2) On track sections that are in compliance with section thirty-seven-a, article two of this chapter, or an approved variance thereof, while tramming equipment to prepare for or to complete a move.


NOTE: The purpose of this bill is to replace the existing statute relating to the movement of equipment in underground mines with a section which is more comprehensive covering the same subject.

§22A-2-6 has been completely rewritten; therefore, strike- throughs and underscoring have been omitted.