West Virginia Code
1 - OFFICE OF MINERS' HEALTH, SAFET
1A - OFFICE OF MINERS' HEALTH, SAFE
2 - UNDERGROUND MINES
2A - USE OF DIESEL-POWERED EQUIPMEN
3 - UNDERGROUND CLAY MINE
4 - OPEN-PIT MINES, CEMENT MANUFACT
22 A- 4 - 1
22 A- 4 - 2
22 A- 4 - 3
22 A- 4 - 4
22 A- 4 - 5
22 A- 4 - 6
5 - BOARD OF APPEALS
6 - BOARD OF COAL MINE HEALTH AND S
7 - BOARD OF MINER TRAINING, EDUCAT
8 - CERTIFICATION OF UNDERGROUND AN
9 - MINE INSPECTORS' EXAMINING BOAR
10 - EMERGENCY MEDICAL PERSONNEL
11 - MINE SAFETY TECHNOLOGY
12 - UNDERGROUND ACCIDENT INVESTIG
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
ARTICLE 4. OPEN-PIT MINES, CEMENT MANUFACTURING PLANTS AND UNDERGROUND LIMESTONE AND SANDSTONE MINES.
Unless the context in which used clearly requires a different meaning as used in this article:
(a) "Open-pit mine" means an excavation worked from the surface and open to daylight.
(b) "Underground mine" means subterranean workings for the purpose of obtaining a desired material or materials.
(c) "Sand" means waterworn sandstone fragments transported and deposited by water.
(d) "Gravel" means an occurrence of waterworn pebbles.
(e) "Sandstone" means a compacted or cemented sediment composed chiefly of quartz grains.
(f) "Limestone" means a sedimentary rock composed mostly of calcium carbonate.
(g) "Clay" means a natural material of mostly small fragments of hydrous aluminum silicates and possessing plastic properties.
(h) "Shale" means a laminated sedimentary rock composed chiefly of small particles of a clay grade.
(i) "Iron ore" means a mineral or minerals, and gangue which when treated will yield iron at a profit.
(j) "Manganese ore" means a metalliferous mineral which when treated will yield manganese at a profit.
All provisions of the mining laws of this state intended for the protection of the health and safety of persons employed within or at any coal mine and for the protection of any coal mining property extend to all open-pit mines and any property used in connection therewith for the mining of underground limestone and sandstone mines, insofar as such laws are applicable thereto.
The Director of the Office of Miners' Health, Safety and Training shall promulgate reasonable rules, in accordance with and confined to the provisions of chapter twenty-nine-a of this code, for the effective administration of this article.
The operator of such mine shall, on or before the end of each calendar month, file with the Director of the Office of Miners' Health, Safety and Training a report covering the preceding calendar month on forms furnished by the director. Such reports shall state the number of accidents which have occurred, the number of persons employed, the days worked and the actual tonnage mined.
The Director of the Office of Miners' Health, Safety and Training shall divide the state into not more than two mining districts and assign one inspector to each district. Such inspector shall be a citizen of West Virginia, in good health, of good character and reputation, temperate in habits, having a minimum of five years of practical experience in such mining operations and who at the time of appointment is not more than fifty-five years of age. To qualify for appointment as such an inspector, an eligible applicant shall submit to a written and oral examination by the mine inspectors' examining board and furnish such evidence of good health, character and other facts establishing eligibility as the board may require. If the board finds after investigation and examination that an applicant: (1) Is eligible for appointment; and (2) has passed all written and oral examinations, with a grade of at least ninety percent, the board shall add such applicant's name and grade to the register of qualified eligible candidates and certify its action to the Director of the Office of Miners' Health, Safety and Training. No candidate's name shall remain in the register for more than three years without requalifying.
Such inspector shall have the same tenure accorded a mine inspector, as provided in subsection (e), section twelve, article one of this chapter and shall be paid not less than $15,000 per year. Such inspector shall also receive reimbursement for traveling expenses at the rate of not less than 15¢ for each mile actually traveled in the discharge of their duties in a privately owned vehicle. Such inspector shall also be reimbursed for any expense incurred in maintaining an office in his or her home, which office is used in the discharge of official duties: Provided, That such reimbursement shall not exceed $240 per annum.
Any person who fails or refuses to discharge any provision of this article, rule promulgated or order issued pursuant to the provisions of this article, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment not exceeding six months, or by both.