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![handle is hein.sag/sagwv0067 and id is 1 raw text is: State of West Virginia
Office of the Attoey General
Patrick Morrisey (304) 558-2021
Attorey General Fax (304) 558-0140
March 18, 2024
The Honorable Frank Foster
Director
West Virginia Office of Miners' Health, Safety & Training
#7 Players Club Dr., Suite 2
Charleston, WV 25311-1282
Dear Director Foster:
You have asked for an Opinion of the Attorney General concerning certain inspections of
electric pumps in coal mines. We are issuing this Opinion under West Virginia Code § 5-3-1,
which provides that the Attorney General shall give written opinions and advice upon questions
of law ... whenever required to do so, in writing, by ... any ... state officer. Where this Opinion
relies on facts, it depends solely on the factual assertions in your correspondence with the Office
of the Attorney General.
Your letter explains that underground coal mines use electric water pumps to remove water
throughout the mine, including in non-active work sites. If these pumps malfunction, then mine
sections may flood. Malfunctioning pumps can also cause sparks that then ignite explosive gases
in the mine.
In a 1990 memorandum, your office implemented inspection requirements for these pumps.
The memorandum requires mine operators to conduct pre-shift inspections of these pumps in all
active working places in active working sections ... and other parts of the mine where miners will
be working. The same memorandum says mine operators must inspect energized pumps in
inactive working sections where miners will not be working ... during each shift. And if the
mine operator does not perform an on-shift inspection of an inactive area, then your memorandum
provides that operators must conduct a pre-shift inspection before the next shift prior to the
energization of the equipment[] or before any miner is allowed to enter these areas.
State Capitol Building 1, Room E-26, 1900 Kanawha Boulevard East, Charleston, WV 2530s](ViewImageLocal?handle=hein.sag/sagwv0067&div=1&collection=&method=preview&ext=.png&size=3)