NEW LAW CHANGES Automated External Defibrillator AED AEDs

NEW LAW CHANGES

Automated External Defibrillator (AED) • AED’s have been added to the list of First Aid supplies required at the mine • Since the AED’s were introduced into the mines several lives have already been saved as a result from the efforts of properly trained and well equipped first responders at the mine

First Aid Equipment - Locations • AED’s are considered as part of first aid equipment and should be located with first aid equipment at the following locations at minimum • • On the Surface in close proximity to the mine entry At the bottom of a Shaft or Slope if more than 1000 feet from the surface On a working section not more than 500 feet from the face Possible other locations at your mine

Stored in suitable sanitary, dusttight, moisture-proof containers First Aid Equipment Accessible to the miners No first aid supplies are to be removed without authorization and if so, must be replaced in a timely manner

Sick or Injured Person • Remember – On all occasions when a person becomes sick or injured underground to the extent that he or she must go to the surface, he or she shall be accompanied by one or more persons 22 A-2 -59(e)

Sick or Injured Person ABANDONMENT Abandonment occurs when a trained person (EMT-M) begins emergency care and then leaves the patient before another trained person arrives to take over. Once the EMT-M has started treatment he cannot hand that patient off to someone with less training than he or she has received This must be taken into consideration by the foreman in charge during the treatment and transportation process of a sick or injured person

WV Comprehensive Mine Safety Program (CMSP) • 22 A-1 -36 and 56 -8 • Each permit holder is still required to have a CMSP • In the past, companies were required to hold an annual meeting with employees to review the CMSP, violations, accidents, etc. Companies would then submit the forms and receive approval for one year. • Under normal conditions the recent law change eliminates the annual review of the CMSP • CMSP Approval Letters now have no expiration date in most cases.

The Director may require modifications to the CMSP and/or require the operator to conduct an annual review of the CMSP under any of the following conditions WV Comprehensive Mine Safety Program (CMSP) Fatality Serious Accident Involving Bodily Harm Pattern of Violations

MSHA Ventilation Plan 22 A-2 -2 The MSHA Ventilation Plan and any addendums no longer have to be submitted to the state for review and comment 10 days before submittal to MSHA The Approved MSHA Plan and any addendums shall be provided to the State by the operator as soon as the operator receives the approval from MSHA The Approved MSHA Ventilation Plan is enforceable by the State

MSHA Plans Relating to Mine Fans • MSHA Approved Plans relating to Mine Fans are enforceable by the State • This would include ANY MSHA plan -Ventilation Plan, Emergency Response Plan, etc. • PLUS, Any current State law relating to mine fans still apply

This includes • Main Mine Fans MSHA Plans Relating to Mine Fans

• Auxiliary Fans used in face areas MSHA Plans Relating to Mine Fans

Examples of WV Law 22 A-2 -3 that may not be in your MSHA plan MSHA Plans Relating to Mine Fans • That auxiliary fans be so located and operated to avoid recirculation of air at any time. • Auxiliary fans shall be approved and maintained as permissible. • In places where auxiliary fans and tubing are used, the ventilation between shifts, weekends, and idle shifts shall be provided to face areas with line brattice or the equivalent to prevent accumulation of methane.

MSHA Approved Plans Relating to Ventilation of the Mines in General • MSHA Approved Plans relating to Ventilation are enforceable by the State • This would include the Ventilation Plan, Emergency Response Plan or any other MSHA Plan concerning Ventilation • PLUS, Any current State law relating to ventilation still apply and the most stringent of the two will be enforced

MSHA Approved Plans Relating to Ventilation of the Mines • Example 1 – WV law requires a minimum of 3000 CFM in each working face even if no equipment is present in the face area. The 3000 CFM rule will be enforced even if it’s not in the MSHA Plan.

MSHA Approved Plans Relating to Ventilation of the Mines • Example 2 36 -15 -5. Intentional Changes In the Ventilation System. • 5. 1. (a) The Director shall be notified prior to the implementation of, and a person designated by the operator shall supervise any intentional change in ventilation that • (1) Alters the main air current or any split of the main air current in a manner that could materially affect the safety or health of persons in the mine; or • (2) Affects section ventilation by 9, 000 cubic feet per minute of air or more in bituminous mines.

MSHA Approved Plans Relating to Ventilation of the Mines • (b) Intentional changes as described in this section shall be made only under the following conditions: • (1) Electric power shall be removed from areas affected by the ventilation change and mechanized equipment in those areas shall be shut off before the ventilation change begins. • (2) Only persons making the change in ventilation shall be in the mine. • (3) Electric power shall not be restored to areas affected by the ventilation change and mechanized equipment shall not be restarted until a certified person has examined these areas for methane accumulation and for oxygen deficiency and has determined that the areas are safe.

MSHA Approved Plans Relating to Ventilation of the Mines • If the belt conveyor entry is used as an intake air course to ventilate the working sections, the MSHA Approved plan relating to the use of belt air will serve as the Stateapproved plan. • This will include the Ventilation plan, ERP, etc.

• Because of the increased fire risk in the belt conveyor entry, belt air is not permitted to be used to ventilate a working section unless safeguards are in place that will guarantee no less than the same measure of safety to the miners MSHA Approved Plans Relating to Ventilation of the Mines

MSHA Approved Plans Relating to Ventilation of the Mines • A Carbon Monoxide (CO) monitoring system properly installed and maintained for the use of belt air is one of these safeguards • Its purpose is to give early warning of fire in the belt conveyor entry, especially when the belt air is traveling toward the working section

MSHA Approved Plans Relating to Ventilation of the Mines • The older version of this law cited CFR 75. 350(b) as enforceable by the state • This change makes any MSHA plan in relation to the use of belt air as enforceable by state inspectors

MSHA Approved Plans Relating to Ventilation of the Mines The MSHA Approved plan for Seals will serve as the State. Approved Plan WV no longer requires a separate Seal Plan WV Law in relation to unused and abandoned parts of the mine and seals still apply

The State Roof Control Plan is eliminated MHSA APPROVED PLAN RELATING TO ROOF CONTROL The approved MSHA Roof Control Plan will serve as the State approved plan The MSHA Roof Control Plan is enforceable by the State PLUS any WV state law not covered in the MSHA plan is enforceable

Communication and Tracking Plan • 22 A-2 -55(g) • WV Communication and Tracking plan is eliminated • The MSHA Approved Emergency Response Plan (ERP) will serve as the State approved plan for Communication and Tracking

Communication and Tracking Plan • PLUS WV law pertaining to communication and tracking is still in place and will be enforced. These laws may be in addition to the requirements of the approved MSHA plan. • Examples EACH MINER is still required to wear a communication and tracking device. Not a communication and tracking device for a group of miners as allowed in some plans. The communication system attendant still has to be an experienced miner who is trained and knowledgeable of the communication and tracking systems, monitoring and warning devices, travelways and mine layout.

SCSR CACHE PLAN • 22 A-2 -55(i)(2) • WV SCSR CACHE Plan is eliminated • MSHA Approved Emergency Response Plan (ERP) will serve as the State approved plan governing SCSR’s

PLUS WV law pertaining to SCSR’s is still place and will be enforced. These laws may be in addition to the requirements of the approved MSHA plan. SCSR CACHE PLAN Examples The SCSR will be worn by the miner or kept within immediate reach (within 3 feet) of the miner. The operator shall conduct weekly examinations of the SCSR cache and lifeline cords

SHELTER PLAN • 22 A-2 -37(i) • The WV approved Shelter plan is eliminated • The MSHA Approved plan shall serve as the State approved plan for the use of shelters

PLUS WV law pertaining to Shelters is still place and will be enforced. These laws may be in addition to the requirements of the approved MSHA plan. Examples SHELTER PLAN Shelters must still meet WV approval Maintained within 1000 feet of the nearest working face Located on escapeway maps

TRANSPORTATION • 22 A-2 -37(a) Use of haulage roads and equipment along with signals and inspection shall meet standards established by MSHA • These standards may be found in various MSHA publications • WV Law concerning Transportation still apply

Remember – Some WV State plans were eliminated, not the Laws Plans MSHA plans may differ slightly from mine to mine WV inspectors can enforce the MSHA plan and WV mine law

Assessments for Individuals • Any miner that knowingly violates a health and safety standard is subject to a civil penalty of not more than $250, commonly known as an IPA (Individual Personal Assessment) • This violation must be Appealed or Paid within 30 days after receipt of the violation or the penalty becomes delinquent and the Director may begin Decertification proceedings

Beginning July 1, 2019 the WVMHST shall serve as a backup mine rescue team for all mines with no backup team within onehour drive to the mine Mine Rescue Coverage The Director shall utilize surplus funds from the WVMHST special revenue fund to provide backup mine rescue services

Mine Rescue Hold Harmless Clause • The following shall not be held liable if injury or death shall occur to any person who has entered any mine, whether active workings, inactive workings, or abandoned workings, without permission • 1. The owner of the mine or property • 2. The State of WV or any agency operating under color of the law • 3. Any person, organization or entity involved on any rescue or attempted rescue

Mine Rescue Decision to Enter Mine • The Director is authorized to make the decision on whether a mine is too dangerous, and this decision is not subject to review by a court of this state • A company is not required or ordered to conduct rescue operations

Chapter 61 Article 3: Crimes against Property Crimes and their Punishment Atticle 3 B: Trespass A person who enters any underground mine without permission is guilty of a felony

61 -3 -3 B Trespass Crimes and their Punishment Any person convicted of violating 61 -3 -3 B Trespass, who possesses any type of mining certification shall have all mining certifications permanently revoked

• Any employee involved in an accident that results in physical injuries or damage to equipment or property may be subject to a drug test by the employer Substance Abuse Changes ACCIDENT • The old version required a serious or fatal accident which was at least an overnight stay in the hospital before the de-certification process could begin • The New version could contain Both rules

• Every employer shall notify the Director with 7 days of: • ANY positive drug or alcohol test • Refusal • Adulterated or Substituted sample Substance Abuse Changes • The older version required the drug test to be either a pre-employment, random, reasonable suspicion, serious or fatal accident • With this change the reason why the test was given may not matter

• Substance Abuse testing must still meet the WV requirements such as: Substance Abuse Changes • Minimum - 10 panel test • Split Sample • Breath test for Alcohol – 0. 04 or Higher • Quick tests are not acceptable to WVMHST for decertification purposes

Substance Abuse Changes • ALL positive test results will result in a minimum 6 month suspension of certifications held by the miner • Under the old version alcohol and Cannabinoids/THC were a minimum 3 month suspension

Substance Abuse Changes • Refusal to undergo substance abuse testing will always result in longer suspensions than positive tests • Adulterated or Substituted samples may result in even longer suspensions

Substance Abuse Changes A new rule will be published in 2019 which will detail the new Substance Abuse guidelines.

SUMMARY • AED’s added to first aid supplies • Annual review of CMSP eliminated in most cases • MSHA Ventilation plan is the State plan – No comment period by State • Any MSHA Plan concerning Ventilation is enforceable by State • MSHA Plans regarding Fans is enforceable by State • MSHA plans regarding the Use of Belt Air are enforceable by State • MSHA Roof Control plan used – State plan eliminated

SUMMARY • MSHA ERP used for Communication and Tracking plan – State plan eliminated • MSHA ERP used for SCSR Cache plan – State plan eliminated • MSHA plan used for Shelter plan – State plan eliminated • Backup Mine Rescue Coverage can be provided by the State • Tougher penalties for persons entering mines without permission • Tougher Substance Abuse penalties

THE END