W. Va. Code R. § 48-3-2 - Criteria for Health and Safety Training Program for Prospective Surface Coal Miners in West Virginia

2.1. An approved training program must, as a minimum, include the topics described in the course outline in Section 3 of this rule and meet the training objectives specified in Section 4 of this rule. The time distribution for the subjects is a suggested one which can vary as long as the training objectives are achieved.

2.2. Any participating center may suggest modifications in the course outline, but such modifications must be approved by the Board of Coal Mine Health and Safety. (See Section 5 of this rule for Training Program Approval Procedures.)

2.3. Training centers which offer this instruction may obtain the training materials developed specifically for the program from the West Virginia Office of Miners' Health, Safety and Training. Alternatively, a center may elect to develop or use its own materials which must be approved by the Board of Coal Mine Health and Safety. (See Section 5 of this rule for Training Program Approval Procedures.)

2.4. Instructors for this program must be approved by the West Virginia Office of Miners' Health, Safety and Training as having demonstrated sufficient experience and/or knowledge of surface coal mining. (See Section 6 of this rule for Instructor Approval Procedures.)

2.5. The training equipment and training materials necessary for implementation of the surface mine training program are as follows:

2.5.1. Appropriate equipment necessary to present the Office of Miners' Health, Safety and Training course material;

2.5.2. Personal safety equipment to include, at a minimum, hard hats, safety glasses, safety shoes, respirators, gloves, hearing protection, and personal dust sampler/PDM;

2.5.3. First-aid equipment and supplies including an appliance suitable for practicing C.P.R./AED and artificial respiration;

2.5.4. A copy of West Virginia mining laws pertaining to surface mines;

2.5.5. Samples of defective hand tools;

2.5.6. Tools used at surface mines (e.g., sledge hammer, spiking hammer, railroad jacks, hand shovel, pick and hammer);

2.5.7. Samples of shooting materials (e.g., blasting caps, lead wires, detonator, prime cord and ANFO). All materials must be demonstration materials only;

2.5.8. Welding equipment;

2.5.9. Samples of electrical cable in good and bad condition.

2.6. Any person, regardless of race, creed, color, national origin, sex, or age is eligible for the training program. But it should be understood by all prospective trainees that upon completion of the training program and receipt of the permit of apprenticeship, employment within the coal industry is not guaranteed. Each trainee will still be subject to their prospective employer's physical examination requirements and other employment standards. The Board of Coal Mine Health and Safety assumes compliance with all equal opportunity employment requirements.

2.7. Issuance and expiration of initial apprentice miner's card.

2.7.1. Upon completion of the approved forty (40) hour pre-employment training program, a permit of apprenticeship shall be issued to any person who scores at least eighty per cent (80%) on the final examination administered by the West Virginia Office of Miners' Health, Safety and Training; Provided, That such person passes the examination within forty-five (45) days after completing the forty (40) hour program.

2.7.2. The apprentice miner's card is valid for one (1) year.

2.7.3. If an apprentice begins apprenticeship ("on-the-job") training as a miner prior to the expiration date on the apprentice miner card, the card will remain valid until the completion of the apprenticeship training; Provided, That such training is continuous and a miner's certificate is obtained within eight (8) months.

2.7.4. If the apprentice does not begin apprenticeship ("on-the-job") training as a miner prior to the expiration date on the apprentice miner card, the card will become invalid on the expiration date.

2.7.5. Any prospective miner who does not score at least eighty percent (80%) on the initial apprenticeship miner's examination will be given a second opportunity to retake such examination: Provided, That such person retakes and passes the exam within forty-five (45) days after completing the forty (40) hour program. In the event of failure on the second opportunity, the prospective miner must repeat the approved forty (40) hour pre-employment training program in order to retake the examination.

2.8. Issuance and expiration of renewed apprentice miner's cards.

2.8.1. Apprentice miner's card may be renewed by retaking and passing with a score of at least eighty percent (80%) on the apprenticeship examination.

2.8.2. The renewed apprentice miner's card is valid for one (1) year.

2.8.3. If an apprentice begins apprenticeship ("on-the-job") training as a miner prior to the expiration date on the renewed apprentice miner card, the card will remain valid until the completion of the apprenticeship training: Provided, That such training is continuous and a miner's certificate is obtained within eight (8) months.

2.8.4. If the apprentice does not begin apprenticeship ("on-the-job") training as a miner prior to the expiration date on the renewed apprentice miner card, the card will become invalid on the expiration date.

2.8.5. Any prospective miner who does not score at least eighty percent (80%) on the apprenticeship miner's examination in order to renew his/her apprentice certificate will be given a second opportunity to retake the examination: Provided, That such person retakes and passes the exam within thirty (30) days. In the event of failure to retake or pass the examination on the second opportunity, the prospective miner must repeat the approved forty (40) hour pre-employment training program in order to retake the examination.

2.9. Independent coal truck driver certification.

2.9.1. Independent coal mine truck drivers who possess an independent coal truck driver's certification are not required to complete the approved surface mining (40 hours) or underground (80 hours) apprenticeship program nor must they possess a coal miner's certification in order to drive a coal truck on mine property.

2.9.2. To obtain an independent coal truck driver's certificate, a prospective independent coal truck driver must possess a first-aid card, a valid driver's license, and must successfully complete an eight (8) hour training course, prescribed by the Board of Coal Mine Health and Safety, prior to taking the examination. Successful completion means a score of at least eighty percent (80%).

2.9.3. Persons who possess an independent coal truck driver's certification are limited to driving coal trucks while on mine property and are not to engage in reclamation work or other mining activities. This experience will not be applicable toward a miner's certificate.

2.10. Guidelines for issuing surface miner's certification.

2.10.1. A certificate of competency and qualification as a surface miner shall be issued to any person who has successfully completed the forty (40) hour apprenticeship program and has at least six (6) months total experience and one hundred eight (108) shifts worked as an apprentice miner within this state and has demonstrated his/her competency as a miner by scoring at least eighty percent (80%) on the surface miner's certification examination. Such certificate of competency is only required for those persons who perform normal duties of a surface miner.

2.10.2. Any miner with at least six (6) months and one hundred eight (108) shifts verified experience in a coal mine in another state and having in their possession a first-aid certificate is eligible to take the surface miner certification examination without attending and completing the approved forty (40) hour preemployment training program. If the miner passes the examination with a score of at least eighty percent (80%) then that miner will be issued a surface miner's certificate. If any miner fails to achieve a score of eighty percent (80%) on the second attempt, then such miner will be required to complete the approved forty (40) hour pre-employment training program.

2.10.3. Any miner with less than six (6) months and one hundred eight (108) shifts experience in another state must complete the forty (40) hour pre-employment training program and work as an apprentice miner; however, the experience obtained in another state may be applied toward the six (6) month and one hundred eight (108) shifts apprenticeship period.

2.10.4. Experienced equipment operators: An equipment operator with experience operating surface mining equipment in an environment similar to a surface mine but having no surface mining experience is required to complete the approved forty (40) hour pre-employment training program. After completing such training, an experienced equipment operator may be immediately qualified as a surface miner, provided that the equipment operator has verification of at least six (6) months and one hundred eight (108) shifts experience as an operator on surface mining equipment in a similar environment and scores at least eighty percent (80%) on the surface miner certification examination.

2.10.5. The term "normal duties," as used in the aforementioned requirements, includes all duties performed by surface or underground miners at a mine that are directly related to the production process, reclamation and routine maintenance activities (excluding coal preparation and construction work pursuant to 36 C.S.R. 23, Governing Surface Construction in Coal Mines).

Notes

W. Va. Code R. § 48-3-2