H. B. 2026

(By Delegates Caputo, Tucker, Kuhn and Butcher)
[Introduced January 8, 2003; referred to the
Committee on Industry and Labor, Economic Development and Small Business then 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, 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 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 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 been performed.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.