Senate Bill No. 606
(By Senators Ross, Helmick and Anderson)
[Introduced February 21, 2000; referred to the Committee
on Energy, Industry and Mining.]
A BILL to amend and reenact section six, article two, chapter
twenty-two-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the movement of
mining equipment in underground mines.
Be it enacted by the Legislature of West Virginia:
That section 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-2-6. Movement of equipment in underground mines.
(a) Notwithstanding any other provisions of law, including any
rule, regulation or court ruling, equipment moves in underground mines shall be performed in accordance with this section.
(b) For purposes of this section, "major" equipment moves
means equipment moves in underground entries where energized
trolley wire or feeder wire is present, regardless of the distance
away from the equipment being moved, or in track or nontrack
entries where twelve inches of clearance from an energized power
source other than trolley wire or feeder wire cannot be maintained.
(c) For purposes of this section, "minor" equipment moves
means equipment moves:
(1) In nontrack and trolley entries where an energized power
source does not exist within twelve inches of the equipment being
moved or trammed; or
(2) In track and trolley entries where the trolley wire and
feeder wire is deenergized and no other energized power source
exists within twelve inches of the equipment being moved or
(d) For purpose of this section, equipment moves are
considered "major" or "minor" as defined herein, and include mining
equipment and supplies that exceed the height, width, or length of
the mine car or motor normally used.
(e) Mining equipment being transported or trammed underground, other than during ordinary sectional movements, shall be
transported or trammed by qualified personnel under the direct
supervision of a certified foreman.
(f) When transporting mining equipment in track haulage
entries with battery powered locomotives, a qualified person shall
be stationed at all times during the move, at a place where that
person is in direct communication with persons actually engaged in
the moving or transporting operation. This person shall be
available to promptly restore the trolley power in the event of an
(g) When major equipment moves are conducted, no person may be
inby the equipment in the ventilating split of air that is passing
over the equipment.
(h) Minor equipment moves may be conducted with persons inby
the move, if a representative of the miners employed at the mine is
afforded the opportunity to be present during the move, and the
representative of miners may suffer no loss of pay.
(i) During all equipment moves, a communication person located
on the surface shall be provided with a list of persons and areas
of the mine where people will be located. The surface
communication person shall be in communication with a person located on each affected section or area of the mine who is
constantly within sight and sound of the underground communications
facility and can promptly notify persons working in the general
area. The underground person shall remain in communication with
the surface person until the equipment move proceeds in the area.
The surface communications person pursuant to this section shall,
at a minimum, possess a miner's certificate and knowledge of the
mine ventilation system and escape ways.
(j) Prior to transporting equipment pursuant to this section,
all persons engaged in the equipment pursuant to this section, all
persons engaged in the equipment moves shall receive an initial
training session provided by the operator regarding the contents of
this section. In addition, underground escape routes shall be
reviewed with all affected miners prior to making equipment moves
pursuant to this section.
(k) A readily available vehicle to safely remove a sick or
injured person from the mine by the equipment move shall be
maintained outby the equipment during the move.
(l) The following conditions do not constitute an equipment
move pursuant to this section:
(1) When the size of the equipment being moved or trammed is equal to or less than the height, width, or length of the mining
car or motor normally used; or
(2) On track sections that are in compliance with section
thirty-seven-a, article two of this chapter, or an approved
variance thereof, while tramming equipment to prepare for or to
complete a move.
NOTE: The purpose of this bill is to replace the existing
statute relating to the movement of equipment in underground mines
with a section which is more comprehensive covering the same
§22A-2-6 has been completely rewritten; therefore, strike-
throughs and underscoring have been omitted.