H. B. 4359
(By Delegates Caputo, Butcher, Sparks,
Varner, Tucker, Kuhn and Boggs)
[Introduced February 2, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section forty, article two, chapter
twenty-two-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring that
permanent and temporary battery charging stations in mines be
ventilated directly to the return on a separate split of air.
Be it enacted by the Legislature of West Virginia:
That section forty, 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-2-40. General provisions.
Operators of coal mines in which electricity is used as a
means of power shall comply with the following provisions:
(1) All surface transformers, unless of a construction which
will eliminate shock hazards, or unless installed at least eight
feet above ground, shall be enclosed in a house or surrounded by a
fence at least six feet high. If the enclosure is of metal, it
shall be grounded effectively. The gate or door to the enclosure
shall be kept locked at all times, unless authorized persons are
(2) Underground transformers shall be air cooled or cooled
with noninflammable liquid or inert gas.
(3) Underground stations containing circuit breakers filled
with inflammable liquids shall be put on a separate split of air or
ventilated directly to the return air, and shall be of fireproof
(4) Transformers shall be provided with adequate overload
(5) "Danger -- High Voltage" signs with the voltage indicated
shall be posted conspicuously on all transformer enclosures, high-potential switchboards and other high-potential installations.
(6) Dry insulating platforms of rubber or other suitable
nonconductive material shall be kept in place at each switchboard
and at stationary machinery where shock hazards exist.
(7) Capacitors used for power factor connection shall be
noninflammable liquid filled. Suitable drain-off resistors or
other means to protect miners against electric shock following
removal of power shall be provided.
(8) All unattended underground loading points where electric
driven hydraulic systems are used shall utilize a fireproof oil or
(9) Before electrical changes are made to permissible
equipment for use in a mine, they shall be approved by the
(10) Reverse current protection shall be provided at storage
battery charging stations to prevent the storage batteries from
energizing the power circuits in the event of power failure.
(11) In all mines all junction or distribution boxes used for
making multiple power connections inby the last open crosscut shall
(12) All hand-held electric drills, blower and exhaust fans,
electric pumps and such other low horsepower electric face
equipment which are taken into or used inby the last open crosscut
of any coal mine shall be permissible.
(13) All electric face equipment which is taken into or used
inby the last open crosscut of any coal mine shall be permissible.
(14) In mines operated in coal seams which are located at
elevations above the water table, the phrase "coal seams above the
water table" means coal seams in a mine which are located at an
elevation above a river or the tributary of a river into which a
local surface water system naturally drains.
(15) The operator of each coal mine shall maintain in
permissible condition all electric face equipment, which is taken
into or used inby the last open crosscut of any mine.
(16) Except where permissible power connection units are used,
all power-connection points outby the last open crosscut shall be
in intake air.
(17) All power circuits and electric equipment shall be
deenergized before work is done on such circuits and equipment,
except when necessary for trouble shooting or testing.
(18) Energized trolley wires may be repaired only by a person
trained to perform electrical work and to maintain electrical
equipment and the operator of a mine shall require that such
persons wear approved and tested insulated shoes and wireman's
(19) No electrical work shall be performed on low-,
medium- or high-voltage distribution circuits or equipment, except
by a qualified person or by a person trained to perform electrical
work and to maintain electrical equipment under the direct
supervision of a qualified person. Disconnecting devices shall be
locked out and suitably tagged by the persons who perform
work, except that in cases where locking out is not possible, such
the devices shall be opened and suitably tagged by such persons who
installed them, or, if such persons are unavailable, by persons
authorized by the operator or his or her agent.
(20) All electric equipment shall be examined weekly, tested,
and properly maintained by a qualified person to assure safe
operating conditions. When a potentially dangerous condition is
found on electric equipment,
such the equipment shall be removed
from service until such condition is corrected. A record of such the examinations shall be kept and made available to an authorized
representative of the director and to the miners in such the mine.
(21) All electric conductors shall be sufficient in size and
have adequate current-carrying capacity and be of such construction
that a rise in temperature resulting from normal operation will not
damage the insulating material.
(22) All electrical connections or splices in conductors shall
be mechanically and electrically efficient, and suitable connectors
shall be used. All electrical connections or splices in insulated
wire shall be reinsulated at least to the same degree of protection
as the remainder of the wire.
(23) Cables shall enter metal frames of motors, splice boxes
and electric compartment only through proper fittings. When
insulated wire, other than cables, pass through metal frames, the
holes shall be substantially bushed with insulated bushings.
(24) All power wire (except trailing cables on mobile
equipment, specially designed cables conducting high-voltage power
to underground rectifying equipment or transformers, or bare or
insulated ground and return wires) shall be supported on well-
installed insulators and shall not contact combustible material, roof or ribs.
(25) Power wires and cables, including, but not limited to,
phone communication and control wires, except trolley wires,
trolley feeder wires and bare signal wires, shall be insulated
adequately and fully protected. The provisions of this subdivision
shall not become effective until the first day of January, one
thousand nine hundred seventy-eight.
(26) Automatic circuit-breaking devices or fuses of the
correct type and capacity shall be installed so as to protect all
electric equipment and circuits against short circuit and
overloads. Three-phase motors on all electric equipment shall be
provided with overload protection that will deenergize all three
phases in the event that any phase is overloaded.
(27) Incandescent lamps installed along haulageways and at
other locations shall not contact combustible material, and if
powered from trolley or direct current feeder circuits, need not be
provided with separate short circuits or overload protection, if
the lamp is not more than eight feet in distance from such
(28) In all main power circuits, disconnecting switches shall be installed underground within five hundred feet of the bottoms of
shafts and boreholes through which main power circuits enter the
underground area of the mine and within five hundred feet of all
other places where main power circuits enter the underground area
of the mine.
(29) All electric equipment shall be provided with switches or
other controls that are safely designed, constructed and installed.
(30) Each underground, exposed power conductor that leads
underground shall be equipped with suitable lightning arrestors of
approved type within one hundred feet of the point where the
circuit enters the mine. Lightning arrestors shall be connected to
a low-resistance grounding medium on the surface which shall be
separated from neutral ground by a distance of not less than
(31) Except for areas of a coal mine inby the last open
crosscut, incandescent lamps may be used to illuminate underground
areas. When incandescent lamps are used in a track entry or belt
entry or near track entries to illuminate special areas other than
structures, the lamps shall be installed in weatherproof sockets
located in positions
such that the lamps will not come in contact with any combustible material. Lamps used in all other places must
be of substantial construction and be fitted with a glass
(32) An authorized representative of the director may require
in any mine that electric face equipment be provided with devices
that will permit the equipment to be deenergized quickly in the
event of an emergency.
(33) An authorized representative of the director shall
require manually operated emergency stop switches, designed to
deenergize the traction motor circuit when the contractors or
controller fail to open, to be installed on all battery powered
tractors, taken into or used inby the last open crosscut of any
entry or room.
(34) Trailing cables used in coal mines shall meet the
requirements for flame-resistant cables.
(35) Short circuit protection for trailing cables shall be
provided by an automatic circuit breaker or other no less effective
device approved by the director of adequate current-interrupting
capacity in each ungrounded conductor. Disconnecting devices used
to disconnect power from trailing cables shall be plainly marked and identified and
such the devices shall be equipped or designed
in such a manner that it can be determined by visual observation
that the power is disconnected.
(36) When two or more trailing cables junction to the same
distribution center, means shall be provided to assure against
connecting a trailing cable to the wrong size circuit breaker.
(37) One temporary splice may be made in any trailing cable.
Such trailing cable may only be used for the next twenty-four hour
period. No temporary splice shall be made in a trailing cable
within twenty-five feet of the machine, except cable reel
equipment. Temporary splices in trailing cables shall be made in
a workmanlike manner and shall be mechanically strong and well
insulated. Trailing cables or hand cables which have exposed wires
or which have splices that heat or spark under load shall not be
used. As used in this section, the term "splice" means a
mechanical joining of one or more conductors that have been
(38) When permanent splices in trailing cables are made, they
(A) Mechanically strong with adequate electrical conductivity and flexibility;
(B) Effectively insulated and sealed so as to exclude
(C) Vulcanized or otherwise treated with suitable materials to
provide flame-resistant qualities and good bonding to the outer
(39) Trailing cables shall be clamped to machines in a manner
to protect the cables from damage and to prevent strain on the
electrical connections. No cables will be hung in a manner which
will damage the insulation or conductors.
(40) Trailing cables shall be adequately protected to prevent
damage by mobile equipment.
(41) Trailing cable and power cable connections to junction
boxes and to electrical equipment shall not be made or broken under
(42) All metallic sheaths, armors and conduits enclosing power
conductors shall be electrically continuous throughout and shall be
grounded by methods approved by an authorized representative of the
(43) Except where waived by the director, metallic frames, casings and other enclosures of electric equipment that can become
alive through failure of insulation or by contact with energized
parts shall be grounded, and on or before the first day of January,
one thousand nine hundred seventy-eight, shall have a ground
(44) In instance where single-phase 110-220 volt circuits are
used to feed electrical equipment, the only method of grounding
that will be approved is the connection of all metallic frames,
casings and other enclosure of
such the equipment to a separate
grounding conductor which establishes a continuous connection to a
grounded center tap of the transformer.
(45) The attachment of grounding wires to a mine tract or
other grounded power conductor will be approved if separate clamps,
such the purpose, are used and installed to provide a
(46) The frames of all offtrack direct-current machines and
the enclosures of related detached components shall be effectively
grounded or otherwise maintained at no less safe voltages.
(47) Installation of silicon diodes shall be restricted to
electric equipment receiving power from a direct-current system with one polarity grounded. Where
such the diodes are used on
circuits having a nominal voltage rating of two hundred fifty, they
must have a forward current rating of four hundred amperes or more,
and have a peak inverse voltage rating of four hundred or more.
Where such the diodes are used on circuits having nominal voltage
rating of five hundred fifty, they must have a forward current
rating of two hundred fifty amperes or more, and have a peak
inverse voltage rating of eight hundred or more.
(48) In addition to the grounding diode, a polarizing diode
must be installed in the machine control circuit to prevent
operation of the machine when the polarity of a trailing cable is
(49) When installed on permissible equipment, all grounding
diodes, over-current devices and polarizing diodes must be placed
in explosion-proof compartments.
(50) High-voltage lines, both on the surface and underground,
shall be deenergized and grounded before work is performed on them,
except that repairs may be permitted, in the case of energized
surface high-voltage lines, if
such the repairs are made by a
qualified person in accordance with procedures and safeguards, including, but not limited to, a requirement that the operator of
such the mine provide, test and maintain protective devices in
making such the repairs.
(51) When two or more persons are working on an energized
high-voltage surface line simultaneously, and any one of them is
within reach of another, such persons shall not be allowed to work
on different phases or on equipment with different potentials.
(52) All persons performing work on energized high-voltage
surface lines shall wear protective rubber gloves, sleeves and
climber guards if climbers are worn. Protective rubber gloves
shall not be worn wrong side out or without protective leather
gloves. Protective devices worn by a person assigned to perform
repairs on high-voltage surface lines shall be worn continuously
from the time he or she leaves the ground until he or she returns
to the ground and, if
such the devices are employed for extended
periods, such person shall visually inspect the equipment assigned
him or her for defects before each use and, in no case, less than
twice each day.
(53) Disconnecting or cutout switches on energized
high-voltage surface lines shall be operated only with insulated sticks, fuse tongs or pullers which are adequately insulated and
maintained to protect the operator from the voltage to which he or
she is exposed. When
such the switches are operated from the
ground, the person operating such the devices shall wear protective
(54) Solely for purposes of grounding ungrounded high-voltage
power systems, grounded messenger wires used to suspend the cables
such the systems may be used as a grounding medium.
(55) When not in use, power circuits underground shall be
deenergized on idle days and idle shifts, except that rectifiers
and transformers may remain energized.
(56) High-voltage circuits entering the underground area of
any coal mine shall be protected by suitable circuit breakers of
adequate interrupting capacity. Such breakers shall be equipped
with devices to provide protection against undervoltage, grounded
phase, short circuit and overcurrent.
(57) Circuit breakers protecting high-voltage circuits
entering an underground area of any coal mine shall be located on
the surface and in no case installed either underground or within
(58) One circuit breaker may be used to protect two or more
branch circuits, if the circuit breaker is adjusted to afford
overcurrent protection for the smallest conductor.
(59) The grounding resistor, where required, shall be of the
proper ohmic value to limit the voltage drop in the grounding
circuit external to the resistor to not more than one hundred volts
under fault conditions. The grounding resistor shall be rated for
maximum fault current continuously and insulated from ground for a
voltage equal to the phase-to-phase voltage of the system.
(60) High-voltage circuits extending underground and supplying
portable mobile or stationary high-voltage equipment shall contain
either a direct or derived neutral which shall be grounded through
a suitable resistor at the source transformers, and a grounding
circuit, originating at the grounded side of the grounding
resistor, shall extend along with the power conductors and serve as
a grounding conductor for the frames of all high-voltage
equipment supplied power from the circuit, except that the director
or his or her authorized representative may permit ungrounded high-
voltage circuits to be extended underground to feed stationary
electrical equipment if
such the circuits are either steel armored or installed in grounded, rigid steel conduit throughout their
entire length, and upon his or her finding that such exception does
not pose a hazard to the miners. Within one hundred feet of the
point on the surface where high-voltage circuits enter the
underground portion of the mine, disconnecting devices shall be
installed and so equipped or designed in such a manner that it can
be determined by visual observation that the power is disconnected,
except that the director or his or her authorized representative
may permit such the devices to be installed at a greater distance
from such the area of the mine if he or she determines, based on
existing physical conditions, that such the installation will be
more accessible at a greater distance and will not pose any hazard
to the miners.
(61) High-voltage resistance grounded systems serving portable
or mobile equipment shall include a fail-safe ground check circuit
to monitor continuously the grounding circuit to assure continuity,
and the fail-safe ground check circuit shall cause the circuit
breaker to open when either the ground or pilot check wire is
broken, or other no less effective device approved by the director
or his or her authorized representative to assure such continuity.
(62) Underground high-voltage cables used in resistance
grounded systems shall be equipped with metallic shields around
each power conductor with one or more ground conductors having a
total cross-sectional area of not less than one-half the power
conductor, and with an insulated internal or external conductor not
smaller than No. 10 (A.W.G.) for the ground continuity check
such cables shall be adequate for the intended
current and voltage. Splices made in such the cables shall provide
continuity of all components.
(64) Single-phase loads, such as transformer primaries, shall
be connected phase-to-phase.
(65) All underground high-voltage transmission cables shall be
installed only in regularly inspected air courses and haulageways,
and shall be covered, buried or placed so as to afford protection
against damage, guarded where men regularly work or pass under them
unless they are six and one-half feet or more above the floor or
rail, securely anchored, properly insulated and guarded at ends and
covered, insulated or placed to prevent contact with trolley wires
and other low-voltage circuits.
(66) Disconnecting devices shall be installed at the beginning
of branch lines in underground high-voltage circuits and equipped
or designed in
such a manner that it can be determined by visual
observation that the circuit is deenergized when the switches are
(67) Circuit breakers and disconnecting switches underground
shall be marked for identification.
(68) In the case of high-voltage cables used as trailing
cables, temporary splices shall not be used and all permanent
splices shall be made in accordance with the manufacturers'
(69) Frames, supporting structures and enclosures of
stationary, portable or mobile underground high-voltage equipment
and all high-voltage equipment supplying power to
equipment receiving power from resistance grounded systems shall be
effectively grounded to the high-voltage ground.
(70) Low- and medium-voltage power circuits serving
three-phase alternating current equipment serving portable or
mobile equipment shall be protected by suitable circuit breakers of
adequate interrupting capacity which are properly tested and maintained as prescribed by the director.
Such The breakers shall
be equipped with devices to provide protection against
under-voltage, grounded phase, short circuit and overcurrent.
(71) Power centers and portable transformers shall be
deenergized before they are moved from one location to another,
except that, when equipment powered by sources other than
centers or transformers is not available, the director may permit
such the centers and transformers to be moved while energized, if
he or she determines that another equivalent or greater hazard may
otherwise be created, and if they are moved under the supervision
of a qualified person, and if such the centers and transformers are
examined prior to such the movement by such person and found to be
grounded by methods approved by an authorized representative of the
director and otherwise protected from hazards to the miner. A
record shall be kept of such examinations. High-voltage cables,
other than trailing cables, shall not be moved or handled at any
time while energized, except that when such the centers and
transformers are moved while energized as permitted under this
section, energized high-voltage cables attached to such the centers
and transformers may be moved only by a qualified person and the operator of such the mine shall require that such person wear
approved and tested insulated wireman's gloves.
(72) Low- and medium-voltage three-phase alternating-current
circuits used underground shall contain either a direct or derived
neutral which shall be grounded through a suitable resistor at the
power center, and a grounding circuit, originating at the grounded
side of the grounding resistor, shall extend along with the power
conductors and serve as a grounding conductor for the frames of all
the electrical equipment supplied power from the circuit, except
that the director or his or her authorized representative may
permit underground low- and medium-voltage circuits to be used
underground to feed
such the stationary electrical equipment if
such the circuits are either steel armored or installed in grounded
rigid steel conduit throughout their entire length. The grounding
resistor, where required, shall be of the proper ohmic value to
limit the ground fault current to twenty-five amperes. The
grounding resistor shall be rated for maximum fault current
continuously and insulated from ground for a voltage equal to the
phase-to-phase voltage of the system.
(73) Low- and medium-voltage resistance grounded systems serving portable or mobile equipment shall include a fail-safe
ground check circuit to monitor continuously the grounding circuit
to assure continuity which ground check circuit shall cause the
circuit breaker to open when either the ground or pilot check wire
is broken, or other not less effective device approved by the
director or his or her authorized representative to assure such
continuity, except that an extension of time, not in excess of
twelve months, may be permitted by the director on a mine-to-mine
basis if he or she determines that
such the equipment is not
available. Cable couplers shall be constructed so that the ground
check continuity conductor shall be broken first and the ground
conductors shall be broken last when the coupler is being
(74) Disconnecting devices shall be installed in conjunction
with circuit breakers serving portable or mobile equipment to
provide visual evidence that the power is connected.
(75) Circuit breakers shall be marked for identification.
(76) Single-phase loads shall be connected phase-to-phase.
(77) Trailing cables for medium-voltage circuits shall include
grounding conductors, a ground check conductor, and grounded metallic shields around each power conductor or a ground metallic
shield over the assembly, except that on equipment employing cable
reels, cables without shields may be used if the insulation is
rated two thousand volts or more.
(78) Trolley wires and trolley feeder wires shall be provided
with cutout switches at intervals of not more than two thousand
feet and near the beginning of all branch lines.
(79) Trolley wires and trolley feeder wires shall be provided
with overcurrent protection.
(80) Trolley wires and trolley feeder wires, high-voltage
cables and transformers shall not be located within fifteen feet of
the last open crosscut and shall be kept at least one hundred fifty
feet from pillar workings.
(81) Trolley wires, trolley feeder wires and bare signal wires
shall be insulated adequately where they pass through doors and
stoppings and where they cross other power wires and cables.
Trolley wires and trolley feeder wires shall be guarded adequately:
(A) At all points where men are required to work or pass
regularly under the wires.
(B) On both sides of all doors and stoppings.
(C) At man-trip stations.
(82) Temporary guards shall be provided where trackmen and
other persons work in close proximity to trolley wires and trolley
(83) Adequate precaution shall be taken to ensure that
equipment being moved along haulageways will not come in contact
with trolley wires or trolley feeder wires.
(84) Trolley and feeder wires shall be installed as follows:
Where installed on permanent haulage, they shall be:
(A) At least six inches outside the track gauge line.
(B) Kept taut and not permitted to touch the roof, rib or
crossbars. Particular care shall be taken where they pass through
door openings to preclude bare wires from coming in contact with
(C) Installations of trolley wire hangers shall be provided
within three feet of each splice in a trolley wire.
(85) Permanent and temporary battery charging stations shall
be ventilated directly to the return on a separate split of air.
NOTE: The purpose of this bill is to require that permanent and temporary battery charging stations in mines be ventilated
directly to the return on a separate split of air.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would