H. B. 2294
(By Delegates Caputo and Tucker)
[Introduced January 9, 2008; referred to the
Committee on Industry and Labor, Economic Development and
Small Business then the Judiciary.]
A BILL to amend and reenact §22A-2-46 of the Code of West Virginia,
1931, as amended, relating to requiring a certified person to
examine underground mines after cutting and welding has been
performed.
Be it enacted by the Legislature of West Virginia:
That §22A-2-46
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. UNDERGROUND MINES.
§22A-2-46. Welding and cutting.
(a) A record shall be kept of oxygen and gas tanks or
cylinders taken into a mine and the date shall be recorded when
they are removed from the mine. No more tanks or cylinders than
necessary to perform the work efficiently shall be permitted
underground at one time.
(b) Propane torches may be used in lieu of blowtorches. Only approved apparatus such as torches, regulators, pressure reducing
valves, hoses, check valves and gas cylinders shall be used.
(c) Welding and cutting may be done in mines: Provided, That
all equipment and gauges are maintained in safe condition and not
abused, that suitable precautions are taken against ignition of
methane, coal dust, or combustible materials, that means are
provided for prompt extinguishment of fires accidentally started,
and that only persons who have demonstrated competency in welding
and cutting are entrusted to do this work. Adequate eye protection
shall be used by all persons doing welding or cutting, and
precautions shall be taken to prevent other persons from exposure
that might be harmful to their eyes. A suitable wrench designed
for compressed tanks shall be provided to the person authorized to
use the equipment.
(d) Transportation of oxygen and gas tanks or cylinders shall
be is permitted on self-propelled machinery or belt conveyors
specially equipped for safe holding of the containers in
transportation. In no instance shall such transportation be
permitted in conjunction with any mantrip, unless such the mantrip
is especially equipped with a compartment, lined with at least four
inches of foam rubber or the equivalent, and capable of tightly
securing the tank inside the manufactured frame of the vehicle.
(e) Empty oxygen and gas tanks or cylinders shall be marked
"empty" and shall be removed from the mine promptly in safe containers provided for transportation of the same.
(f) When tanks and cylinders are not in use and when they are
being transported, valve protection caps and plugs shall be placed
on all tanks or cylinders for which caps and plugs are available.
No oxygen tanks, gas tanks or cylinders shall be transported with
the hoses and gauges attached thereto.
(g) In all mines a certified person, pursuant to section
twelve of this article, shall examine for gas with permissible
flame safety lamps or other approved detectors before and during
welding or cutting. The safety of the equipment and methods used
in such these cases shall be subject to approval of the director.
If equipment is mobile, it shall be removed out by the last open
breakthrough before cutting and welding may be performed on such
the equipment.
(h) When cutting and welding has been performed in any area of
an underground mine, that area shall be examined for any hot spots
that may not have been discovered during the initial check of the
area and recorded in the fireboss book for that area. The
examination shall be performed by a person certified pursuant to
section twelve of this article, immediately after the work is
completed and within two hours of the start of the oncoming shift.
NOTE: The purpose of this bill is to require a properly
certified person to examine underground mines after cutting and
welding has been performed to determine if there are any hot spots
not previously undiscovered.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.