W. Va. Code R. § 56-3-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 56-3-3 - Definitions

3.1. Unless the context in which a word or phrase appears clearly requires a different meaning, all terms used in this rule that are not defined herein shall have the meanings set forth in W. Va. Code § 22A-1-2.

3.2. Abandoned underground mine workings. -- The term "abandoned underground mine workings" means excavation, either caved or sealed, that is deserted and in which further mining is not intended, or open workings which are ventilated and not inspected regularly.

3.3. Accident. -- The term "accident" means any premature ignition, fire, injury, or death other than natural causes of any person.

3.4. Active underground mine working. -- The term "active underground mine working" means all places in a mine that are ventilated and inspected regularly.

3.5. Agent. -- The term "agent" means any person charged with the responsibility for the operations of all or a part of a surface mine or the supervision of the miners on a surface mine.

3.6. Approved. -- The term "approved" means in strict compliance with mining law, or, in the absence of law, accepted by a recognized body or organization whose approval is generally recognized as authoritative on the subject.

3.7. Armored cable. -- The term "armored cable" means a cable provided with a wrapping of metal, usually steel wires or tapes, primarily for the purpose of mechanical protection.

3.8. Assistant mine foreman. -- The term "assistant mine foreman" means a certified person designated to assist the mine foreman in the supervision of a portion or the whole of a mine or of the persons employed therein.

3.9. Barricaded. -- The term "barricaded" means to obstruct passage of person, vehicles, or flying materials.

3.10. Berm. -- The term "berm" means a pile or mound of material or equivalent capable of restraining a vehicle.

3.11. Blasting agent. -- The term "blasting agent" means any material consisting of a mixture of a fuel and oxidizer which:

3.11.1. is used or intended for use in blasting;

3.11.2. is not classified as an explosive by the department of transportation;

3.11.3. passes all United States DOT tests defining blasting agent, including insensitivity to a No. 8 blasting cap in accordance with 49 CFR 173.114a.

3.12. Blasting area. -- The term "blasting area" means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury.

3.13. Board of appeals. -- The term "board of appeals" means the board as provided for in W. Va. Code § 22A-5-1et seq.

3.14. Board of Coal Mine Health and Safety. -- The term "board of coal mine health and safety" means the board provided for in chapter 22A, article 6 of the code.

3.15. Brake system. -- The term "brake system" means any or all of the following systems:

3.15.1. Service brake system - the primary brake system used for stopping a vehicle.

3.15.2. Emergency stopping system - the system used for stopping a vehicle in the event of any single failure in the service brake system.

3.15.3. Parking system - a system to hold a stopped vehicle in a stationary position.

3.16. Branch circuit. -- The term "branch circuit" means any circuit, alternating current or direct current, connected to and leading from the main power lines.

3.17. Cable. -- The term "cable" means a standard conductor (single conductor cable) or a combination of conductors insulated from one another (multiple conductor cable).

3.18. Cast primer or booster. -- The term "cast primer or booster" means a case or pressed block or solid high explosives (i.e., not nitroglycerin sensitized) which is normally used to detonate insensitive or noncapsensistive explosives.

3.19. Certified electrician. -- The term "certified electrician" means any person who is qualified as a mine electrician and who has passed an examination given by OMHST, or has at least three (3) years of experience in performing electrical work underground in a coal mine, in the surface work areas of an underground coal mine, in a surface coal mine, in a non-coal mine, in the mine equipment manufacturing industry, or in any other industry using or manufacturing similar equipment, and has satisfactorily completed a coal mine electrical training program approved by OMHST, or any person who is qualified as a mine electrician in any state that recognizes certified electricians licensed in West Virginia.

3.20. Certified person. -- The term "certified person" when used to designate the kind of person to whom the performance of a duty in connection with the operation of a mine shall be assigned, means a person who is qualified under the provisions of this law to perform such duty.

3.21. Circuit breaker. -- The term "circuit breaker" means a device for interrupting a circuit between separable contacts under normal or abnormal conditions.

3.22. Code. -- The term "code" means the West Virginia code, as amended.

3.23. Delta connected. -- The term "delta connected" means a power system in which the windings or transformers or S.C. generators are connected to form a triangular phase relationship, and with phase conductors connected to each point of the triangle.

3.24. Detonating cord. -- The term "detonating cord" means a flexible cord containing a center core of high explosives to detonate other explosives with which it comes in contact.

3.25. Detonating cord millisecond delay connectors. -- The term "detonating cord millisecond delay connectors" means non-electric shot interval (millisecond) delay devices for use in delaying blasts which are surface initiated by detonating cord.

3.26. Detonator. -- The term "detonator" means blasting caps, electrical blasting caps, and non-electric delay blasting caps.

3.27. Director. -- The term "director" means the director of the office of miners' health, safety and training provided for in W. Va. Code § 22A-1-3.

3.28. Effectively grounded. -- The term "effectively grounded" means grounded through a grounding connection of sufficiently low impendance (inherent or intentionally added or both) so that fault grounds which may occur cannot build up voltages in excess of limits established for apparatus, circuits or systems so grounded.

3.29. Electric blasting caps. -- The term "electric blasting caps" means instantaneous electric blasting caps and all types of delay electric blasting caps.

3.30. Electrical troubleshooting or testing. -- The term "electrical troubleshooting or testing" shall mean the process of locating an electrical problem in the electric circuits on an energized machine. This process can include the following: taking voltage and current measurements, simulating a fault to activate a device, and observing diagnostic indicators/readouts or the operational sequence of relays and contactors.

3.31. Explosives. -- The term "explosives" means any or all of the following, but is not limited to: water gel slurries, dynamites, permissibles, pellet powder, blasting caps, electric blasting caps, non-electrical delay blasting caps, cast primer and boosters, detonating cord, and detonating cord delay connections.

3.32. Flame-resistant cable, portable. -- The term "flame-resistant cable, portable" means a portable flame-resistant cable that has passed the flame test of the Federal Bureau of Mines.

3.33. Ground or grounding conductor (mining). -- The term "ground or grounding conductor (mining)", also referred to as a safety ground conductor, safety ground, and frame ground, means a metallic conductor used to connect the metal frame, or enclosure or any equipment, device or wiring system with a mine track or other effective grounding medium.

3.34. Grounded (earthed). -- The term "grounded (earthed)" means that the system, circuit, or apparatus referred to is provided with a ground.

3.35. High voltage. -- The term "high voltage" means voltages of more than one thousand (1,000) volts.

3.36. Hot stick. -- The term "hot stick" shall mean an approved and insulated pole usually made of fiberglass used when performing work on high-voltage circuits to protect them from electric shock.

3.37. Imminent danger. -- The term "imminent danger" means the existence of any condition or practice on a surface mine which could be expected to cause death or serious physical harm before such condition or practice can be abated.

3.38. Inspector. -- The term "inspector" means a surface mine inspector employed by OMHST, pursuant to W.Va. Code § 22A-1-13.

3.39. Interested persons. -- The term "interested persons" includes the operator, members of any mine safety committee at the mine affected and other duly authorized representative of the mine workers and OMHST.

3.40. Low voltage. -- The term "low voltage" means up to and including six hundred sixty (660) volts.

3.41. Medium voltage. -- The term "medium voltage" means voltages from six hundred sixty-one (661) to one thousand (1,000) volts.

3.42. Mine foreman. -- The term "mine foreman" means the certified person whom the operator or superintendent shall place in charge of the workings of the surface mine and of the persons employed thereon.

3.43. Mine power center or distribution center. -- The term "mine power center or distribution center" means a combined transformer or distribution unit, complete within a metal enclosure from which one (1) or more low-voltage power circuits are taken.

3.44. Miner. -- The term "miner" means any individual working on or around a surface mine who is employed by the operator.

3.45. Neutral (derived). -- The term "neutral (derived)" means a neutral point or connection established by the addition of a "zigzag" or grounding transformer to a normally underground power system.

3.46. Neutral point. -- The term "neutral point" means the connection point of transformer or generator windings from which the voltage to ground is nominally zero (0), and is the point generally used for system groundings in wye-connected A.C. power system.

3.47. Non-electric delay blasting caps. -- The term "non-electric delay blasting caps" means a blasting cap with an integral delay element in conjunction with and capable of being detonated by a detonation impulse or signal from a miniaturized detonating cord.

3.48. Office of miners' health, safety and training. -- The term "office of miners' health, safety and training" means the agency continued under W. Va. Code § 22A-1-1.

3.49. OMHST. -- The term "OMHST" means the office of miners' health, safety and training.

3.50. Operator. -- The term "operator" means any firm, corporation, partnership or individual operating any surface coal mine or part thereof, or engaged in the construction of any facility associated with a coal mine.

3.51. Person. -- The term "person" means any individual, partnership, association, corporation, firm, subsidiary of a corporation or other organization.

3.52. Portable (trailing) cable. -- The term "portable (trailing) cable" means a flexible cable or cord used for connecting mobile, portable or stationary equipment in mines to a trolley system or other external source of electric energy where permanent mine wiring is prohibited or is impracticable.

3.53. Primer. -- The term "primer" means a cartridge or container of explosives into which a detonator or detonating cord is inserted or attached, and whose purpose is to initiate the main explosive charge.

3.54. Qualified person. -- The term "qualified person" means a person who has completed an examination and is considered qualified on record by OMHST.

3.55. Safety fuse. -- The term "safety fuse" means a flexible cord containing an internal burning medium by which fire or flame is conveyed at a continuous and uniform rate from the point of ignition to the point of use, usually a blasting cap.

3.56. Superintendent. -- The term "superintendent" means the person who shall have, on behalf of the operator, immediate supervision of one (1) or more mines.

3.57. Supervisor. -- The term "supervisor" means a superintendent, mine foreman, assistant mine foreman, or any person specifically designated by the superintendent or mine foreman to supervise work of employees and who is acting pursuant to such specific designation and instructions.

3.58. Surface mine. -- The term "surface mine" means all areas surface mined or being surface mined as well as adjacent areas ancillary to the operations, together with preparation and processing plants; storage areas and haulage ways, roads, shops and trails; and coal prospecting. "Surface mine" for the purpose of this rule shall not mean the surface operations connected with an underground coal mine.

3.59. Work of preparing the coal. -- The term "work of preparing the coal" means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, loading, and removing of over-burden from the top of the coal for the purpose of extracting coal.

3.60. Working place. -- The term "working place" means all areas in or about a surface mine where persons are working.

3.61. Wye-connected. -- The term "wye-connected" means a power system connection in which one (1) end of each phase windings or transformers or A.C. generators are connected together to form a neutral point, and a neutral conductor may or may not be connected to the neutral point, and the neutral point may or may not be grounded.

3.62. Zigzag transformer (grounding transformer). -- The term "zigzag transformer (grounding transformer)" means a transformer intended primarily to provide a neutral point for grounding purposes.

W. Va. Code R. § 56-3-3