W. Va. Code R. § 56-8-6

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 56-8-6 - Mine Evaluation for Development of the Initial Comprehensive Mine Safety Program; Submittals to Director
6.1. In developing the initial comprehensive safety program, the operator or independent contractor shall analyze the various program components, contained in Section 7 of this rule, in conjunction with the evaluation criteria provided in this rule, and shall take into consideration the output of the particular mine, the number of employees of the particular mine, the location of the particular mine, or any other aspect of the particular mine deemed relevant by the operator or independent contractors. Based upon this analysis and evaluation of the type of safety program needed at a particular mine, the operator or independent contractor shall proceed to develop a comprehensive mine safety program composed of the appropriate components contained in Section 7 of this rule and a plan and appropriate procedures for implementing each of the components of the program.
6.2. Each operator or independent contractor shall submit to the director for approval a comprehensive mine safety program in accordance with this rule. In addition each operator or independent contractor shall submit the following:
6.2.1. A statement that the analysis and evaluation required by Section 6.1 of this rule has been completed;
6.2.2. A statement indicating which process the operator or independent contractor has selected, consistent with Section 11.1. of this rule, to ensure that all employees at the mine are aware of all components of the comprehensive mine safety program prior to commencement of work at the mine;
6.2.3. A list of safety instructors and their certifications, and/or qualifications, who will have primary responsibility for planning and conducting safety training at the mine;
6.2.4. The name of the person or persons representing the operator or independent contractor, including his/her title or position and mailing address or telephone number, who can be notified by the director for all matters concerning the operator or independent contractor's comprehensive mine safety program.
6.3. Within ninety (90) calendar days after submission of the initial comprehensive safety program, the director shall either approve the program as submitted or shall reject and return the program to the operator or independent contractor for modification and resubmission, stating in detail the reasons for such rejection. If the program is rejected, the director shall give the operator or independent contractor a reasonable length of time to modify and resubmit such program.

W. Va. Code R. § 56-8-6