W. Va. Code » §22A-3-2. Clay mine foreman; when to be employed; qualifications; assistants.
West Virginia Code

W. Va. Code § 22A-3-2 (2026)

Clay mine foreman; when to be employed; qualifications; assistants

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ARTICLE 3. UNDERGROUND CLAY MINE.

§22A-3-2. Clay mine foreman; when to be employed; qualifications; assistants.

In every underground clay mine where five or more persons are employed in a period of twenty-four hours, the operator shall employ a mine foreman who shall be a competent and practical person holding a certificate of competence for said position issued to him or her by the Office of Miners' Health, Safety and Ttraining after an examination by such office. In order to receive a certificate of competence qualifying a foreman in an underground clay mine, the applicant shall take an examination prescribed by the Director of the Office of Miners' Health, Safety and Training, be a citizen of this state, of good moral character and temperate habits, having had at least three years' experience in the underground working of clay mines.

Notes of Decisions
Cited in 2 cases, 1988–1996 · leading case: Cogar v. Faerber, 371 S.E.2d 321 (W. Va. 1988).
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Cogar v. Faerber, 371 S.E.2d 321 (W. Va. 1988). · cites it 2× “Further, in reading the entire statute, it becomes clear that the term “surface mining operations” is most often used in connection with activities occurring within an area currently under permit or for which a permit application has been filed.”
Schultz v. Consolidation Coal Co., 475 S.E.2d 467 (W. Va. 1996). “The DOE’s authority to promulgate regulations in accordance with WVSCMRA originates in West Virginia Code § 22A-3-2. 11 . Also, in the 1987 federal register notice the OSM noted the status of West Virginia's regulatory program: [I]t appears that West Virginia favors the change…”
— W. Va. Code § 22A-3-2(b)(l) — 1 case
Cogar v. Faerber, 371 S.E.2d 321 (W. Va. 1988). “Further, in reading the entire statute, it becomes clear that the term “surface mining operations” is most often used in connection with activities occurring within an area currently under permit or for which a permit application has been filed.”
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