H. B. 4620
(By Delegates Caputo, Manchin, Longstreth,
Poore, Manypenny, Phillips, Hunt, D. Poling
and Klempa)
[Introduced February 22, 2010; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §22A-2-43 of the Code of West Virginia,
1931, as amended, relating to requiring that cutter heads,
long wall shears and other mining machines automatically shut-
off when the methane level reaches one percent.
Be it enacted by the Legislature of West Virginia:
That §22A-2-43 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. UNDERGROUND MINES.
§22A-2-43. Electric equipment in mines.
(a) Methane. -- Electric equipment shall not be taken into or
operated in any place where methane can be detected with a flame
safety lamp or other approved methane detector at one percent or
more at any point not less than twelve inches from the roof, face
or rib.
(b) Return air. -- In all mines, electric haulage locomotives
operated from trolley wire and other electrical equipment or
devices which may ignite gas shall not be used in return air, unless permission is granted by the director for a specified area.
For the purpose of this provision, air used to ventilate a section
of a mine shall not be considered return air until such time as the
air has ventilated all of the workings in the section.
(c) Qualified person to operate cutting machine. -- No person
shall be placed in charge of a coal-cutting machine in any mine who
is not a qualified person, capable of determining the safety of the
roof and sides of the working places and of detecting the presence
of explosive gas, unless they are accompanied by a certified or
qualified person who has passed such an examination.
(d) Inspections. -- In any mine no machine shall be brought in
by the last breakthrough next to the working face until the machine
man shall have made an inspection for gas in the place where the
machine is to work. If explosive gas in excess of one percent is
found in the place, the machine shall not be taken in until the
danger is removed.
(e) Indication of gas. -- In working places a suitable
approved apparatus for the detection of explosive gas, shall be
provided for use with each mining machine when working, and should
any indication of explosive gas in excess of one percent appear on
any apparatus used for the detection of explosive gas, the person
in charge shall immediately stop the machine, cut off the current
at the nearest switch and report the condition to the mine foreman
or supervisor. The machine shall not again be started in such
place until the condition found has been corrected and been pronounced safe by a certified person.
(f) Periodic gas examinations. -- No electric equipment shall
be operated in a mine for a longer period than twenty minutes
without an examination as above described being made for gas; and
if gas is found in excess of one percent, the current shall at once
be switched off the machine, and the trailing cable shall forthwith
be disconnected from the power supply until the place is pronounced
safe.
(g) Operation of mining machines. -- Machine runners and
helpers shall use care while operating mining machines. They shall
examine the roof of the working place to see that it is safe before
starting to operate the machine. They shall not move the machine
while the cutter chain is in motion.
(h) Automatic shut-down of mining machines. -- Mining machine
extraction apparatus, which include, but are not limited to, long
wall sheers and cutter heads, are required to be equipped with an
automatic shut-off device that will cut off power to the machine's
extraction apparatus, but not to the machine as a whole to
facilitate proper mining procedures, if the methane level in the
mine reaches one percent. The machine's apparatus shall not again
be started in such place until the condition found has been
corrected and been pronounced safe by a certified person.
NOTE: The purpose of this bill is to require cutter heads,
long wall shears, and other mining machines to automatically shut-off when the methane level reaches one percent to further protect
health and well-being of our states miners.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.