Introduced Version
House Bill 3034 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3034
(By Delegate Caputo)
[Introduced March 21, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §22A-2-20 of the Code of West Virginia,
1931, as amended, relating to requiring underground mines fire
boss examinations include examining the air quantity where
diesel equipment operates.
Be it enacted by the Legislature of West Virginia:
That §22A-2-20 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. UNDERGROUND MINES.
§22A-2-20. Preparation of danger signal by fire boss or certified
person acting as such prior to examination; report;
records open for inspection.
(a) It is the duty of the fire boss, or a certified person
acting as such, to prepare a danger signal (a separate signal for
each shift) with red color at the mine entrance at the beginning of his or her shift or prior to his or her entering the mine to make
his or her examination and, except for those persons already on
assigned duty, no person except the mine owner, operator or agent,
and only then in the case of necessity, shall pass beyond this
danger signal until the mine has been examined by the fire boss or
other certified person and the mine or certain parts thereof
reported by him or her to be safe. When reported by him or her to
be safe, the danger sign or color thereof shall be changed to
indicate that the mine is safe in order that employees going on
shift may begin work. Each person designated to make the fire boss
examinations shall be assigned a definite underground area of the
mine, and, in making his or her examination shall examine all
active working places in the assigned area and make tests with an
approved device for accumulations of methane and oxygen deficiency;
examine seals and doors; examine and test the roof, face and ribs
in the working places and on active roadways and travelways,
approaches to abandoned workings, accessible falls in active
sections and areas where any person is scheduled to work or travel
underground; and examine the quantity of air where diesel equipment
operates. He or she shall place his or her initials and the date at
or near the face of each place he or she examines. Should he or she
find a condition which he or she considers dangerous to persons
entering the areas, he or she shall place a conspicuous danger sign
at all entrances to the place or places. Only persons authorized by the mine management may enter the places while the sign is posted
and only for the purpose of eliminating the dangerous condition.
Upon completing his or her examination he or she shall report by
suitable communication system or in person the results of this
examination to a certified person designated by mine management to
receive and record the report, at a designated station on the
surface of the premises of the mine or underground, before other
persons enter the mine to work in coal-producing shifts. He or she
shall also record the results of his or her examination with ink or
indelible pencil in a book prescribed by the director, kept for the
purpose at a place on the surface of the mine designated by mine
management. All records of daily and weekly reports, as prescribed
herein, shall be open for inspection by interested persons.
(b) Supplemental examination. -- When it becomes necessary to
have workers enter areas of the mine not covered during the
preshift examination, a supplemental examination shall be performed
by a fire boss or certified person acting as such within three
hours before any person enters the area. The fire boss or
certified person acting as such shall examine the area for
hazardous conditions, determine if air is traveling in its proper
direction and test for oxygen deficiency and methane.
(c) Each examined area shall be certified by date, time and
the initials of the examiner.
(d) The results of the examination shall be recorded with ink or indelible pencil by the examiner in the book referenced in
subsection (a) of this section before he or she leaves the mine on
that shift.
NOTE: The purpose of this bill is to require underground mines
fire boss examinations include examining of air quantity where
diesel equipment operates.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.