H. B. 4356
(By Delegates Caputo, Tucker, Kuhn,
Sparks, Butcher, Linch and Boggs)
[Introduced February 2, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section forty-six, article two, chapter
twenty-two-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring a
certified person to examine underground mine after cutting and
welding has been performed.
Be it enacted by the Legislature of West Virginia:
That section forty-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-2-46. 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,
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 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
such these cases shall be subject to approval of the director.
If equipment is mobile, it shall be removed outby the last open
breakthrough before cutting and welding may be performed on such
(h) When cutting and welding has been performed in any area of
an underground mine, that area shall be examined by a certified
person, pursuant to section twelve of this article, immediately
after the work is complete and within two hours of the start of the
oncoming shift 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.
NOTE: The purpose of this bill is to require a certified
person to examine underground mine after cutting and welding has
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would