Senate Bill No. 525
(By Senators Love, Ball,
Ross and Anderson)
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[Introduced March 24, 1997; referred to the Committee
on Energy, Industry and Mining.]
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A BILL to amend and reenact section fourteen, article one,
chapter twenty-two-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and
reenact sections six and thirty-seven, article two of said
chapter; and to further amend said article by adding thereto
four new sections, designated sections six-a, six-b, six-c
and six-d, all relating to authorization of director and
inspectors to enter mines; duties of inspectors to examine
mines; no advance notice; reports after fatal accidents;
annual inspection reduction program; movement of off-track
mining equipment where energized trolley wires or trolley
feeder wires are present; movement of off-track mining
equipment with track-mounted battery powered locomotives;
movement of off-track mining equipment otherwise; movement
of track-mounted equipment; movement of mining equipment at construction or rehabilitation sites; haulage roads and
equipment; shelter holes; prohibited practices; signals; and
inspection.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article one, chapter twenty-two-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that sections six and
thirty-seven, article two of said chapter be amended and
reenacted; and that said article be further amended by adding
thereto four new sections, designated section six-a, six-b, six-c
and six-d, all to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; ENFORCEMENT.
§22A-1-14. Director and inspectors authorized to enter mines;
duties of inspectors to examine mines; no advance notice; reports after fatal accidents; annual inspection reduction program.
(a) The director, or his or her authorized representative,
has authority to visit, enter, and examine any mine, whether
underground or on the surface, and may call for the assistance
of any district mine inspector or inspectors whenever
such
assistance is necessary in the examination of any mine. The
operator of every coal mine shall furnish the director or his or
her authorized representative proper facilities for entering
such the mine and making examination or obtaining information.
If miners or one of their authorized representatives, have
reason to believe, at any time, that dangerous conditions are
existing or that the law is not being complied with, they may
request the director to have an immediate investigation made.
Mine inspectors shall devote their full time and undivided
attention to the performance of their duties, and they shall
examine all of the mines in their respective districts at least
four times annually,
except as provided under subsection (b) of
this section, and as often, in addition thereto, as the director
may direct, or the necessities of the case or the condition of
the mine or mines may require, with no advance notice of
inspection provided to any person, and they shall make a personal
examination of each working face and all entrances to abandoned
parts of the mine where gas is known to liberate, for the purpose
of determining whether an imminent danger, referred to in section
fifteen of this article, exists in any
such mine, or whether any
provision of article two of this chapter is being violated or has
been violated within the past forty-eight hours in any
such mine.
In addition to the other duties imposed by this article and
article two of this chapter, it is the duty of each inspector to
note each violation he or she finds and issue a finding, order,
or notice, as appropriate for each violation so noted. During
the investigation of any accident, any violation may be noted whether or not the inspector actually observes the violation and
whether or not the violation exists at the time the inspector
notes the violation, so long as the inspector has clear and
convincing evidence the violation has occurred or is occurring.
The mine inspector shall visit the scene of each fatal
accident occurring in any mine within his or her district and
shall make an examination into the particular facts of
such the
accident; make a report to the director, setting forth the
results of
such the examination, including the condition of the
mine and the cause or causes of
such the fatal accident, if
known, and all
such reports shall be made available to the
interested parties, upon written requests.
At the commencement of any inspection of a coal mine by an
authorized representative of the director, the authorized
representative of the miners at the mine at the time of
such the
inspection shall be given an opportunity to accompany the
authorized representative of the director on
such the inspection.
(b) Within one hundred twenty days after the effective date
of this section and notwithstanding any provisions of this
section to the contrary, the director, in consultation with the
coal mine safety and technical review committee, shall develop
and implement a program of reduced mine inspections for mines
that qualify in accordance with the provisions of the program.
Such program shall establish criteria and standards for comprehensively evaluating a miner's health and safety
performance and for conducting risk assessments at a mine and
shall be updated thereafter as necessary. At a minimum, the
following variables shall be examined as part of the mine health
and safety evaluation and mine risk assessment: Annual
production; number of employees; fatality rate; comprehensive
accident frequency and severity rates; comprehensive violation
frequency and severity rates; compliance history; the design and
implementation of the comprehensive mine safety program; and an
analysis of state inspection records. Thereafter, the directory
may approve fewer than four annual inspections at any mine
demonstration an exemplary health and safety performance record
and low risk standing in accordance with the provisions of the
program: Provided, That in no case shall the director approve
fewer than two annual inspections at any mine.
ARTICLE 2. UNDERGROUND MINES.
MOVEMENT OF EQUIPMENT
§22A-2-6. Movement of off-track mining equipment where energized
trolley wires or trolley feeder wires are present.
Mining equipment being transported or trammed underground,
other than ordinary sectional movements, shall be transported or
trammed by qualified personnel under the supervision of a
certified foreman. When 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. To
avoid accidental contact with power lines, face equipment shall
be insulated and assemblies removed, if necessary, so as to
provide clearance.
(b) Prior to moving any unit of off-track mining equipment
in areas of the active workings where energized trolley wires or
trolley feeder wires are present the unit of equipment shall be
cleaned of accumulated combustible materials; adequately secured
to the transporting vehicle after all hydraulic components, if
present, have been completely depressurized; adequately covered
across the top, as well as down the side nearest the trolley wire
and trolley feeder wire, with fire-resistant material which has
met the applicable requirements of bureau of mines schedule 2G;
and effectively grounded to the transporting vehicle, except that
rubber-tired equipment need not be grounded to the transporting
vehicle if no metal part of the rubber-tired equipment can come
into contact with the transporting vehicle.
(c)The certified person required by paragraph (a) of this
section shall examine the equipment prior to the equipment move
so as to ensure that the requirements of paragraph (b) of this
section have been complied with and shall record the findings of
the examination, as well as problems encountered, if any, during
the equipment move, in a book kept for that purpose, which shall
be made available upon request to the director, or authorized
representative of the director.
(d) A certified electrician shall visually examine the
trolley wires, trolley feeder wires, and the associated automatic
circuit breakers that will be utilized along the entire length of
the route to travel prior to the equipment move and shall make
necessary adjustments so as to ensure that proper short circuit
protection exists and shall record the findings of the
examination, including necessary adjustments, if any, in a book
kept for that purpose, which shall be made available upon request
to the director, or authorized representative of the director.
(e) An experienced equipment operator of the type of
off-track mining equipment being moved shall be provided to
operate the equipment if it should become necessary to energize
the equipment during the move: Provided, That the equipment
operator may not be necessary if the unit of equipment being
moved has been disassembled to the extent that it cannot be
energized and operated safely.
(f) A minimum radial clearance of twelve inches shall be
maintained between the farthest protection of the unit of
off-track mining equipment being moved and the energized trolley
wires and trolley feeder wires at all times during the movement
of the equipment: Provided, That if twelve inches of radial
clearance cannot be so maintained, the following additional
precautions shall be taken:
(1) Power shall be supplied to the trolley wires or trolley
feeder wires only from outby the unit of equipment being moved:
Provided, That when power can be supplied only from inby the
equipment being moved, power may be supplied from inby the
equipment provided a certified electrician with the means to cut
off the power and in direct communication with persons actually
engaged in the equipment move, is stationed outby the equipment
being moved;
(2) At all times during which the unit of equipment is being
moved a certified electrician shall be stationed at the first
automatic circuit breaker outby the equipment move and shall be
in direct communication with the persons actually engaged in the
equipment move and with the dispatcher, if one is employed, or
with the responsible person on the surface required to be on
duty, in accordance with the provisions of subsection (a),
section forty-two, article two of this chapter;
(3) Where trolley phones are utilized to satisfy the requirements of subdivision (2), subsection (f) of this section,
telephones or other equivalent two-way communication devices that
can readily be connected with the mine communication system shall
be carried by the certified electrician stationed at the first
automatic circuit breaker outby the equipment being moved and by
a miner actually engaged in the equipment move;
(4) A track-mounted vehicle capable of transporting injured
persons shall be readily available on the outby side for the
equipment move;
(5) The following tolls and equipment shall be provided:
(A) Four twenty-pound fire extinguishers (placed where they
are readily accessible on the outby side of the equipment move);
(B) One ball peen hammer;
(C) One mine axe;
(D) One wire bell wrench;
(E) One set of come-a-longs with sufficient clamps to
perform trolley wire maintenance;
(F) Two twelve-inch adjustable wrenches;
(G) An adequate supply of trolley wire splices and bells;
(H) A lifting jack, or lifting jacks, or other equivalent
lifting devices suitable to safely lift the equipment being moved
and compatible with the seam height;
(I) One hack saw with one spare hack saw blade;
(J) An assortment for wood blocking, including wedges;
(K) One pair of insulated wire cutters;
(L) One pair of suitable voltage-rated gloves with
protective leather outer gloves;
(M) One sledge hammer;
(N) First-aid equipment in accordance with the provisions of
subsection (b), section fifty-nine, article two of this chapter.
(6) No person shall be permitted to be inby the unit of
equipment being moved, in the ventilating current of air that is
passing over the equipment, except those persons directly engaged
in moving the equipment.
(g) The provisions of subsections (a) through (f) of this
section, inclusively, may not apply to units of mining equipment,
including disassembled parts of mining equipment, or to materials
or supplies that are transported in mine cars or on supply cars
or on flat cars, provided the equipment, materials or supplies
are adequately secured and do not exceed the height, width and
length of the car or top of the locomotive normally used in the
specific area of a mine.
§22A-2-6a. Movement of off-track mining equipment with
track-mounted battery powered locomotives.
(a) Off-track mining equipment may be moved in areas of the
active workings where energized trolley wires or trolley feeder
wires are present with track-mounted battery powered locomotives
of adequate size only under the direct supervision of a person possessing West Virginia certification as a mine foreman-fireboss
or assistant mine foreman-fireboss, who shall be physically
present at all times during the equipment move.
(b) Prior to moving any unit of off-track mining equipment
in areas of the active workings where energized trolley wires or
trolley feeder wires are present with battery powered locomotives
the unit of equipment shall be cleared of accumulated combustible
materials; adequately secured to the transporting vehicle after
all hydraulic components, if present, have been completely
depressurized; adequately covered across the top, as well as down
the side nearest the trolley wire and trolley feeder wire, with
fire-resistant material which has met the applicable requirements
of bureau of mines schedule 2G; and effectively grounded to the
transporting vehicle, except that rubber-tired off-track mining
equipment need not be grounded to the transporting vehicle if no
metal part of the rubber-tired equipment can come into contract
with the transporting vehicle. Additionally, battery terminals
shall be insulated adequately between the top of the battery and
battery cover to prevent accidental short circuiting and shall be
fully protected.
(c) The certified person required by subsection (a) of this
section shall examine the equipment prior to the equipment move
so as to ensure that the requirements of subsection (b) of this
section have been complied with and shall record the findings of the examination, as well as problems encountered, if any, during
the equipment move, in a book kept for that purpose, which shall
be made available upon request to the director, or authorized
representative of the director.
(d) A certified electrician shall visually examine the
trolley wires, trolley feeder wires, and the associated automatic
circuit breakers that will be utilized along the entire length of
the route of travel prior to the equipment move and shall make
necessary adjustments so as to ensure that proper short circuit
protection exists and shall record the findings of the
examination, including necessary adjustments, if any, in a book
kept for that purpose, which shall be made available upon request
to the director, or authorized representative of the director:
Provided, That the examination may not be required if a certified
electrician has removed power from the trolley wires and trolley
feeder wires throughout the entire length of the route of travel
prior to the equipment move by opening, locking out, and suitably
tagging the appropriate deenergizing devices.
(e) An experienced equipment operator of the type of
off-track mining equipment being moved shall be provided to
operate the equipment if it should become necessary to energize
the equipment during the move: Provided, That the equipment
operator may not be necessary if the unit of equipment being
moved has been disassembled to the extent that it cannot be energized and operated safely.
(f) A minimum radial clearance of twelve inches shall be
maintained between the farthest projection of the unit of
off-track mining equipment being moved by the battery powered
locomotives and the energized trolley wires and trolley feeder
wires at all times during the movement of the equipment:
Provided, That if twelve inches of radial clearance cannot be so
maintained, the following additional precautions shall be taken:
(1) A certified electrician shall be provided to remove
power from the trolley wires and trolley feeder wires by opening,
locking out and suitably tagging the appropriate deenergizing
devices. The removal of the danger tags and locking devices and
restoration of power to the trolley wires and trolley feeder
wires subsequent to the equipment move having passed through the
area, shall be performed only by a certified electrician, and
then only after the area has been examined by a person possessing
certification as a mine foreman-fireboss or assistant mine
foreman-fireboss;
(2) At all times during which the unit of equipment is being
moved a certified electrician shall be stationed at the first
automatic circuit breaker outby the equipment move and shall be
in direct communication with the persons actually engaged in the
equipment move and with the dispatcher, if one is employed, or
with the responsible person on the surface required to be on duty, in accordance with the provisions of subsection (a),
section forty-two, article two of this chapter;
(3) Where trolley phones are utilized to satisfy the
requirements of subdivision (2), subsection (f) of this section,
telephones or other equivalent two-way communication devices that
can readily be connected with the mine communication system shall
be carried by the certified electrician stationed at the first
automatic circuit breaker outby the equipment being moved and by
a miner actually engaged in the equipment move;
(4) A track-mounted vehicle capable of transporting injured
persons shall be readily available on the outby side of the
equipment move; and
(5) The tools and equipment required pursuant to this
subdivision shall be provided.
§22A-2-6b. Movement of off-track mining equipment otherwise.
(a) Other than ordinary sectional movements, off-track
mining equipment may be trammed in entries with persons inby the
unit of the equipment being trammed, in the ventilating current
of air that is passing over the equipment, only under the direct
supervision of a person possessing West Virginia certification as
a mine foreman-fireboss or assistant mine foreman-fireboss, who
shall be physically present at all times while the equipment is
being trammed.
(b) Prior to tramming any unit of off-track mining equipment in entries with persons inby, in the ventilating current of air
that is passing over the equipment, the unit of equipment shall
be cleaned of accumulated combustible materials and if the
equipment is to be trammed in track haulage entries in which
trolley wires or trolley feeder wires are installed, the unit of
equipment shall be adequately covered across the top, as well as
down the side nearest the trolley wire and trolley feeder wire,
with fire-resistant material which has met the applicable
requirements of bureau of mines schedule 2G.
(c) The certified person required by subsection (a) of this
section shall examine the equipment prior to tramming operations
so as to ensure that the requirements of subsection (b) of this
section have been complied with and shall record the findings of
the examination, as well as problems encountered, if any, during
the tramming operations, in a book kept for that purpose, which
shall be made available upon request to the director, or
authorized representative of the director.
(d) Prior to the tramming operations a certified electrician
shall examine the unit of equipment as to ensure that all
applicable provisions of article two of this chapter, and
implementing rules, relative to equipment being maintained in a
safe operating condition, are compiled with; shall visually
examine all automatic circuit breakers that will be utilized
along the entire length of the route of travel of the equipment being trammed; shall visually examine the trolley wires and
trolley feeder wires along the entire length of the route of
travel, if the equipment is to be trammed in track haulage
entries in which the wires are installed; and shall record the
results of the examinations, including necessary adjustments and
corrections of hazardous conditions, if any, in a book kept for
that purpose, which shall be made available upon request to the
director, or authorized representative of the director.
(e) An experienced equipment operator of the type of
off-track mining equipment being trammed shall be provided to
operate the equipment and a certified electrician shall be
provided so as to ensure that required under-voltage, grounded
phase, short circuit and over current protection are afforded the
circuits powering the equipment at all times during which the
unit of equipment is being trammed and a rubber-tired
self-propelled vehicle capable of transporting injured persons
shall be readily available on the outby side of the unit of
equipment being trammed in entries in which trolley wires or
trolley feeder wires are not present.
(f) In entries where energized trolley wires or trolley
feeder wires are present a minimum radial clearance of twelve
inches shall be maintained between the farthest projection of the
unit of off-track mining equipment being trammed and the
energized trolley wires and trolley feeder wires at all times during the tramming of the equipment: Provided, That if twelve
inches of radial clearance cannot be so maintained, the following
additional precautions shall be taken:
(1) A certified electrician shall be provided to remove
power from the trolley wires and trolley feeder wires by opening,
locking out and suitably tagging the appropriate deenergizing
devices. The removal of the danger tags and locking devices and
restoration of power to the trolley wires and trolley feeder
wires, subsequent to the equipment having been trammed through
the area, shall be performed only a certified electrician, and
then only after the area has been examined by a person possessing
certification as a mine foreman-fireboss or assistant mine
foreman-fireboss.
(2) At all times during which the unit of equipment is being
trammed a certified electrician shall be stationed at the first
automatic, circuit breaker outby the tramming operations and
shall be in direct communications with the persons actually
engaged in the tramming operations and with the dispatcher, if
one is employed, or with the responsible person on the surface
required to be on duty, in accordance with the provisions of
subsection (a), section forty-two, article two of this chapter.
(3) Where trolley phones are utilized to satisfy the
requirements of subdivision (2), subsection (f) of this section,
telephones or other equivalent two-way communication devices shall be carried by the certified electrician stationed at the
first automatic circuit breaker outby the unit of equipment being
trammed and by a miner actually engaged in the tramming
operations;
(4) A track-mounted vehicle capable of transporting injured
persons shall be readily available on the outby side of the unit
of equipment being trammed; and
(5) The tolls and equipment required pursuant to subdivision
(5), subsection (f), section six-a of this article shall be
provided.
§22A-2-6c. Movement of track-mounted equipment.
Track-mounted equipment including, but not limited to, track
cleaners, roof bolters, track tampers and cutting and drilling
machines, that do not create any greater than ordinary risk of
fire may be moved and operated with persons inby, in the
ventilating current of air passing over the equipment, if the
minimum radial clearance of twelve inches is maintained between
the farthest projection of the unit of track-mounted equipment
being moved and the energized trolley wires and trolley feeder
wires at all times during the movement of the equipment:
Provided, That if twelve inches of radial clearance cannot be so
maintained, the provisions of section six-a or six-b of this
article insofar as the provisions are applicable thereto, shall
be complied with.
§22A-2-6d. Movement of mining equipment at construction or
rehabilitation sites.
(a) Construction work or rehabilitation work including, but
not limited to, cleaning of haulage roads, cleaning of roof
falls, roof bolting and the installation of structural materials,
requiring the utilization of various types of mining equipment,
including battery powered equipment, may be operated with persons
inby, in the ventilating current of air that is passing over the
equipment, only under the direct supervision of a person
possessing West Virginia certification as a mine foreman-fireboss
or assistant mine foreman-fireboss.
(b) If energized trolley wires or trolley feeder wires are
present at the construction or rehabilitation work locations, a
minimum radial clearance of twelve inches the be maintained
between the farthest projection of the equipment and the
energized trolley wires and trolley feeder wires at all times
during the movement of the equipment within the specific areas.
Operative two-way communications, first-aid equipment, in
accordance with the provisions of subsection (b), section
fifty-nine, article two of this chapter, two hundred forty pounds
of rock dust or equivalent, and two twenty-pound fire
extinguishers, placed where they are readily accessible on the
outby side, shall be provided at each construction or
rehabilitation work location.
(c) If a minimum radial clearance of twelve inches cannot be
maintained between the farthest projection of the equipment and
the energized trolley wires and trolley feeder wires at all times
during the movement of the equipment within the specific areas of
construction or rehabilitation work locations, a certified
electrician shall be provided to remove power from the trolley
wires and trolley feeder wires by opening, locking out and
suitably tagging the appropriate deenergizing devices. The
removal of the danger tags and locking devices and restoration of
power to the trolley wires and trolley feeder wires, subsequent
to the equipment having completed work within the specific area,
shall be performed only by a certified electrician, and then only
after the area has been examined by a person possessing
certification as a mine foreman-fireboss or assistant mine
foreman-fireboss.
TRANSPORTATION
§22A-2-37. Haulage roads and equipment; shelter holes;
prohibited practices; signals; inspection.
(a) The roadbed, rails, joints, switches, frogs and other
elements of all haulage roads shall be constructed, installed and
maintained in a manner consistent with speed and type of haulage
operations being conducted to ensure safe operation. Where
transportation of personnel is exclusively by rail, track shall
be maintained to within five hundred feet of the nearest working
face place when the height of the seam if forty-eight inches or
less and to within eight hundred feet of the nearest working
place when the height of the seam is above forty-eight inches.
except that When any section
on which the height of the seam if
forty-eight inches or less is fully developed and being prepared
for retreating, then the distance of the maintenance can be
extended to eight hundred feet
and can be extended to one
thousand two hundred feet from longwall faces where the height of
the seam is above forty-eight inches if a rubber tired
self-propelled vehicle is readily available:
Provided, That the
vehicle shall be large enough to accommodate an injured person on
a backboard or stretcher, as well as a second person to
administer first-aid and a third person to operate the vehicle:
Provided, however, That the vehicle shall be located no further
than three breaks from the working face and shall be moved only
for the purposes of relocation, maintenance, charging or
transportation of injured miners: Provided further, That
additionally a clear travelway shall be maintained from the
location of the vehicle to the end of the supply track: And
provided further, That no more than five supply cars shall be
left unattended at the end of the supply track.
(b) Track switches,
except room and entry development
switches, shall be provided with properly installed throws,
bridle bars and guard rails; switch throws and stands,
where possible, shall be placed on the clearance side.
(c) Haulage roads on entries developed after the
effective
date of this article first day of July, one thousand nine hundred
seventy-one, shall have a continuous, unobstructed clearance of
at least twenty-four inches from the farthest projection of
any
moving equipment normal traffic on the clearance side.
(d) On haulage roads where trolley lines are used, the
clearance shall be on the side opposite the trolley lines.
(e) On the trolley wire or "tight" side, after the
effective
date of this article first day of July, one thousand nine hundred
seventy-one, there shall be at least twelve inches of clearance
from the farthest projection of
any moving equipment normal
traffic.
(f) Warning lights or reflective signs or tapes shall be
installed along haulage roads at locations of abrupt or sudden
changes in the overhead clearance.
(g) The clearance space on all
track haulage roads shall be
kept free of loose rock, coal, supplies or other material.
Provided, That not more than twenty-four inches need be kept free
of such obstructions Off-track haulage roads shall be maintained
as free as practicable from bottom irregularities, debris and wet
or muddy conditions that affect the control of the equipment.
(h) Ample clearance shall be provided at all points where
supplies are loaded or unloaded along haulage roads or conveyors, which in no event shall be less than twenty-four inches.
(i) Shelter holes shall be provided along haulage entries
driven after the
effective date of this article first day of
July, one thousand nine hundred seventy-one, where locomotive
or
rope
or animal haulage is used.
Such The shelter holes shall be
spaced not more than one hundred feet apart, except when
variances are authorized by the director with unanimous agreement
of the mine safety and technical review committee. Shelter holes
shall be on the side of the entry opposite the trolley wire
except that shelter holes may be on the trolley wire and feeder
wire side if the trolley wire and feeder wire are guarded in a
manner approved by the director.
(j) Shelter holes made after the
effective date of this
article first day of July, one thousand nine hundred seventy-one,
unless the director with unanimous agreement of the mine safety
and technical review committee grants a waiver, shall be at least
five feet in depth, not more than four feet in width, and as high
as the traveling space. Room necks and crosscuts may be used as
shelter holes
even though their width exceeds four feet if their
depth exceeds fifteen feet from the entrance to the stopping.
(k) Shelter holes shall be kept clear of refuse and other
obstructions.
Room necks and crosscuts used as shelter holes
shall be kept clear of refuse and other obstructions to a depth
of at least fifteen feet.
(l) After the effective date of this article, shelter holes
shall be provided at switch throws and manually operated
permanent doors,
except at room switches or at switches where
more than six feet of lateral clearance is provided.
(m) No steam locomotive shall be used in
underground coal
mines.
where miners are actually employed in the extraction of
coal, but this shall not prevent operation of a steam locomotive
through any tunnel haulway or part of a mine that is not in
actual operation and producing coal
(n) Underground equipment powered by internal combustion
engines using petroleum products, alcohol, or any other compound
shall may not be used in a coal mine.
(o) Locomotives, personnel carriers, mine cars, supply cars,
shuttle cars, and all other haulage equipment shall be maintained
in a safe operating condition. Each locomotive, personnel
carrier, barrier tractor and other related equipment shall be
equipped with a suitable lifting jack and handle
or other
equivalent lifting device maintained in working condition which
is capable of safely performing its intended function and which
is compatible with the height of the seam in which it is used.
An audible warning device and headlights shall be provided on
each locomotive and each shuttle car. All other mobile
equipment, using the face areas of the mine, purchased after the
effective date of this article first day of July, one thousand nine hundred seventy-one, shall be provided with a conspicuous
light or other approved device so as to reduce the possibility of
collision.
(p) 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
the motorman and brakeman shall ride on a locomotive, unless
authorized by the mine foreman, and then only when safe riding
facilities are provided. Where pusher locomotives are not used,
the locomotive operator shall have an assistant
to assist him in
his duties unless the director with unanimous agreement of the
mine safety and technical review committee grants a waiver.
(q) The pushing of trips, except for switching purposes,
or
when variances are authorized by the director with unanimous
agreement of the mine safety and technical review committee, is
prohibited on
main all track haulage roads:
Provided, That
nothing herein shall prohibit the use of a pusher locomotive to
assist the locomotive pulling a trip. Motormen and trip riders
shall use care in handling locomotives and cars. It shall be
their duty to see that there is a conspicuous light on the front
and rear of each trip or train of cars when in motion:
Provided,
however, That trip lights need not be used on cars being shifted
to and from loading machines
or on cars being handled at loading
heads during gathering operations at working faces.
or on trips
being pulled by animals No person except the operator or his assistant shall ride on locomotives or loaded cars An empty car
or cars shall be used to provide a safe distance between the
locomotive and the material car when rail, pipe or long timbers
are being hauled
or when conditions exist that may present a
hazard to the locomotive operator due to being in close proximity
to whatever material or equipment is being hauled. A safe
clearance shall be maintained between the end car or trips placed
on side tracks and moving traffic. On haulage roads the
clearance point shall be marked with an approved device.
Persons
may not cross between moving mine cars. All track haulage cars
which are regularly coupled and uncoupled shall be equipped with
automatic couplers which couple by impact and uncouple without
the necessity of persons going between the ends of the equipment.
All other mine cars shall be equipped with a reliable means of
coupling and uncoupling which prevents the necessity of persons
positioning themselves between the end of the cars in order to
couple or uncouple.
(r) No motorman, trip rider or brakeman shall get on or off
cars, trips or locomotives while they are in motion.
except that
a trip rider or brakeman may get on or off the rear end of a
slowly moving trip or the stirrup of a slowly moving locomotive
to throw a switch, align a derail or open or close a door
(s) Flying or running switches and riding on the front
bumper of a car or locomotive are prohibited. Back poling shall be prohibited except
as necessary with precaution to the nearest
turning point,
(not over eighty feet) or when going up extremely
steep grades and then only at slow speed. The operator of a
shuttle car shall face in the direction of travel except during
the loading operation when
he such operator shall face the
loading machine.
The operators of all other self-propelled
equipment shall face in the direction of travel.
(t) (1) A system of signals, methods or devices shall be
used to provide protection for trips, locomotives and other
equipment coming out onto tracks used by other equipment.
(2) (t)(1) In any coal mine where more than three hundred
fifty tons of coal are produced on any shift in each twenty-four
hour period, A dispatcher shall be on duty when there are
movements of track equipment underground
including time when
there is no production of coal. Such and the traffic shall move
only at the direction of the dispatcher:
Provided, That a
dispatcher shall be required only at mines utilizing more than
five separate units of self-propelled track equipment: Provided,
however, That the operator of a mine in which a dispatcher is not
required to ensure the existence of a clear roadway and to
prevent the simultaneous movements of self-propelled
track-mounted equipment.
(3) (2) The dispatcher's only duty shall be to direct
traffic:
Provided, That the dispatcher's duties may also include those of the responsible person required by section forty-two of
this article Provided, however, That
the a dispatcher may
perform other duties which do not interfere with
his the
person's dispatching responsibilities and do not require
him the
person to leave the dispatcher's station.
except as approved by
the mine safety and technical review committee
(4) (3) Any dispatcher's station provided after the
effective date of this article first day of July, one thousand
nine hundred seventy-one, shall be on the surface.
(5) (4) All self-propelled track equipment shall be equipped
with two-way communications.
(u) Motormen shall inspect locomotives, and report any
mechanical defects found to the proper supervisor before a
locomotive is put in operation.
(v)
A locomotive following another trip shall maintain a
distance of at least three hundred feet from the rear end of the
trip ahead, unless such locomotive is coupled to the trip ahead
Locomotives and personnel carriers may not approach to within
three hundred feet of proceeding haulage equipment, except a
trailing locomotive which is coupled to the trip ahead. Mantrips
shall be operated independently of any loaded trip, empty trip,
or supply trip and may not be operated within three hundred feet
of any trip, including another mantrip.
(w)
Positive Positive-acting stopblocks or derails shall be installed on all tracks near the top and at landings of shafts,
slopes and surface inclines,
Positive-acting stopblocks or
derails shall be used and where necessary to protect persons
from danger of runaway haulage equipment.
(x) Shuttle cars
shall may not be altered by the addition of
sideboards so as to inhibit the view of the operator.
(y) Mining equipment
shall may not be parked within fifteen
feet of a check curtain or fly curtain.
Equipment operators
shall deactivate all motors on self-propelled equipment prior to
leaving the equipment unattended. Prior to leaving unattended,
the operators of rubber-tired self-propelled equipment shall
position or securely block the equipment in a manner as to
prevent movement in the event of a braking system malfunction.
(z) All self-propelled track haulage equipment shall be
equipped with an emergency stop switch, self centering valves, or
other devices designed to de-energize the traction motor circuit
in the event of an emergency:
Provided, That
such equipment in
operation in a mine on or before the first day of January, one
thousand nine hundred eighty-seven,
shall may not be required to
be retrofitted. On or before the first day of January, one
thousand nine hundred eighty-seven, all
track mounted trolley-
powered equipment shall be equipped with trolley pole swing
limiters
or other means approved by the mine safety and technical
review committee to restrict movement of the trolley pole when it is disengaged from the trolley wire. Battery powered mobile
equipment shall have the operating controls clearly marked to
distinguish the forward and reverse positions.
NOTE: The purpose of this bill is to increase the
efficiency of the office of miners' health, safety and training
by mandating reformation of mandatory inspection requirements; to
mandate specific safeguards relative to major movements of mining
equipment; to revise and update provisions relative to haulage
roads, equipment, and practices in conjunction therewith; and to
delete archaic language and practices relative to these specific
sections of the code, all of which will allow for the repeal of
associated implementing rules by revision and incorporation
therein.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added. §§ 22A-2-6a, 22A-2-6b, 22A-2-6c and 22A-2-6d
are new, therefore, strike-throughs and underscoring have been
omitted.
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