Code of Virginia - Title 45.1 Mines And Mining - Chapter 14.2 Coal Mine Safety Act

45.1-161.7 Short title
This chapter and Chapters 14.3 (§ 45.1-161.105 et seq.) and 14.4 (§ 45.1-161.253 et seq.) of this title shall be known as the "Coal Mine ...
45.1-161.8 Definitions
As used in this chapter and in Chapters 14.3 (§ 45.1-161.105 et seq.) and 14.4 (§ 45.1-161.253 et seq.) of this title, unless the context ...
45.1-161.9 Safety and health
In safety and health, all miners are to be governed by this Act and Chapter 18 (§ 45.1-221 et seq.) of this title, and any ...
45.1-161.10 Special safety rules
The operator of every mine shall have the right to adopt special safety rules for the safety and operation of his mine or mines, covering ...
45.1-161.11 Persons not permitted to work in mines
A. No person under eighteen years of age shall be permitted to work in or around any mine, and in all cases of doubt, the ...
45.1-161.12 Prohibited acts by miners or other persons; miners to comply with law
A. No miner or other person shall (i) knowingly damage any shaft, lamp, instrument, air course, or brattice or obstruct airways; (ii) carry in a ...
45.1-161.13 Safety materials and supplies
It shall be the duty of every operator or agent to keep on hand, at or within convenient distance, of each mine at all times ...
45.1-161.14 Notifying miners of violations; compliance with Act
A. The operator and his agent shall cooperate with the mine foreman and other officials in the discharge of their duties as required by this ...
45.1-161.15 Appointment of Chief
The Chief shall be appointed by the Governor. The Chief shall be the head of the Division of Mines, and shall be under the direction ...
45.1-161.16 Qualification of Chief
The Chief shall have a thorough knowledge of the various systems of working and ventilating coal mines, nature and properties of mine gases and methods ...
45.1-161.17 Affiliations of Department personnel with labor union, coal company, etc.; interest in coal mine; i...
A. In addition to compliance with the provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.), neither the Chief ...
45.1-161.18 Appointment of mine inspectors
Mine inspectors shall be appointed by the Director. (Code 1950, §§ 45-1 through 45-3; 1954, c. 191; 1966, c. 594, § 45.1-3; 1984, c. 590; ...
45.1-161.19 Qualifications of mine inspectors generally
Each mine inspector shall (i) be not less than twenty-five years of age; (ii) be of good moral character and temperate habits; (iii) hold a ...
45.1-161.20 Qualifications of inspectors of coal mines
A. Each mine inspector conducting inspections of underground coal mines shall have a thorough knowledge of the various systems of working and ventilating underground coal ...
45.1-161.21 Duties of the Chief
A. The Chief shall supervise execution and enforcement of all laws pertaining to the health and safety of persons employed within or at coal mines ...
45.1-161.22 Description unavailable
Repealed by Acts 1997, c. 390. ...
45.1-161.23 Technical specialists
The Director may appoint technical specialists in the areas of roof control, electricity, ventilation and other mine specialties. Technical specialists shall have all the qualifications ...
45.1-161.24 Board of Coal Mining Examiners
A. There is hereby created the Board of Coal Mining Examiners which shall consist of five members. One member shall be the Chief, and four ...
45.1-161.25 Meetings of Board of Coal Mining Examiners; compensation
The Board of Coal Mining Examiners shall meet at least once a year and shall be called by the Chief to meet at such other ...
45.1-161.26 Records of Board of Coal Mining Examiners
The Chief shall preserve in his office a record of the meetings and transactions of the Board of Coal Mining Examiners and of all certificates ...
45.1-161.27 Nominations for Board of Coal Mining Examiners
Nominations for appointments to the Board of Coal Mining Examiners may be submitted to the Governor by the Director and each organization of coal miners ...
45.1-161.28 Certification of certain persons employed in coal mines; powers of Board of Coal Mining Examiner...
A. The Board of Coal Mining Examiners may require certification of persons who work in coal mines and persons whose duties and responsibilities in relation ...
45.1-161.29 Examinations required for Coal Mining Certifications
A. The Board of Coal Mining Examiners may require examination of applicants for certification; however, the Board shall require examination of applicants for the mine ...
45.1-161.30 Performance of certain tasks by uncertified persons; penalty
A. It shall be unlawful for any person to perform any task requiring certification by the Board of Coal Mining Examiners until he has been ...
45.1-161.31 Examination fees; Coal Mining Examiners' Fund
A. A reasonable fee in an amount set by the Board of Coal Mining Examiners, not to exceed $50, shall be paid to the Chief ...
45.1-161.32 Replacement of lost or destroyed certificates
If any certificate issued by the Board of Coal Mining Examiners is lost or destroyed, the Chief may supply a copy thereof to the person ...
45.1-161.33 Reciprocal acceptances of other certifications
A. In lieu of an examination prescribed by law or regulation, the Board of Coal Mining Examiners may issue to any person holding a certificate ...
45.1-161.34 Continuing education requirements
A. The Board of Coal Mining Examiners shall promulgate regulations establishing requirements for programs of continuing education for holders of certifications. The Board shall establish ...
45.1-161.35 Revocation of certificates
A. The Board of Coal Mining Examiners may suspend, revoke, or take other action regarding any certificate upon finding that the holder has (i) failed ...
45.1-161.36 Reexamination
The holder of a certificate revoked pursuant to § 45.1-161.35 shall be entitled to examination by the Board of Coal Mining Examiners after three months ...
45.1-161.37 General coal miner certification
A. Every person working in a coal mine in Virginia shall hold a general coal miner certificate issued by the Board of Coal Mining Examiners. ...
45.1-161.38 First-class mine foreman certification
A. The operator of any coal mine where three or more persons work during any part of a twenty-four-hour period shall employ a mine foreman. ...
45.1-161.39 Surface foreman certification
Applicants for a surface foreman certificate shall be at least 23 years of age and have had at least five years of experience in a ...
45.1-161.40 Chief electrician certification
Each applicant for a chief electrician certificate shall demonstrate to the Board of Coal Mining Examiners by written and oral examination that he has a ...
45.1-161.41 Top person certificate
Each applicant for a top person certificate shall demonstrate to the Board of Coal Mining Examiners by written and oral examination that he has a ...
45.1-161.42 through 45.1-161.56
Repealed by Acts 1997, c. 390. ...
45.1-161.57 License required for operation of coal mines; term
A. No person shall engage in the operation of any coal mine within this Commonwealth without first obtaining a license from the Department. A license ...
45.1-161.58 Fee to accompany application for license; fund; disposition of fees
Each application for a license or a renewal or transfer of a license shall be submitted to the Department, accompanied by a fee, payable to ...
45.1-161.59 Application for license
A. An application for a license shall be submitted by the person who will be the operator of the mine. No application for a license ...
45.1-161.60 Denial or revocation of license
A. The Chief may deny an application for, or may revoke a license for the operation of a coal mine upon determining that the applicant, ...
45.1-161.61 Operating without license; penalty
A. In addition to any other power conferred by law, the Chief, or his designated representative, shall have the authority to issue an order closing ...
45.1-161.62 Annual reports; condition to issuance of license following transfer of ownership
A. The operator or his agent of every mine shall annually, by February 15, mail or deliver to the Department a report for the preceding ...
45.1-161.63 Notices to Department; resumption of mining following discontinuance
A. The operator or his agent shall send notice of intent to discontinue the working of an underground mine for a period of 30 days ...
45.1-161.64 Maps of mines required to be made; contents; extension and preservation; use by Department; release...
A. Prior to commencing mining activity, the operator of a coal mine, or his agent, shall make, or cause to be made, unless already made ...
45.1-161.65 When the Chief may cause maps to be made; payment of expense
If the operator, or his agent, of any mine shall neglect or fail to furnish to the Chief a copy of any map or extension ...
45.1-161.66 Making false statements; penalty
A. It shall be unlawful for any person charged with the making of maps or other data to be furnished as provided in this Act ...
45.1-161.67 Mine rescue and first aid stations
The Director is hereby authorized to purchase, equip and operate for the use of the Department, such mine rescue and first aid stations as he ...
45.1-161.68 Mine rescue crews
The Director is hereby authorized to have trained and employed at the mine rescue and first aid stations operated by the Department within the Commonwealth ...
45.1-161.69 Duty to train crew
It shall be the duty and responsibility of the Department to see that all crews be properly trained by a qualified instructor of the Department ...
45.1-161.70 Qualification for crew membership; direction of crews
A. To qualify for membership in mine rescue crews an applicant shall be an experienced miner and shall pass a physical examination by a licensed ...
45.1-161.71 Crew members to be considered employees of the mine where emergency exists; compensation; workers' ...
When engaged in rescue or recovery work during an emergency at a mine, all crew members assigned to the work shall be considered, during the ...
45.1-161.72 Requirements of recovery work
A. During recovery work and prior to entering any mine, all mine rescue crews conducting recovery work shall be properly informed of existing conditions by ...
45.1-161.73 State-designated mine rescue teams
The Director may, upon the request of an operator or agent who employs a mine rescue team, designate two or more mine rescue teams as ...
45.1-161.74 Mine Rescue Fund
The Mine Rescue Fund is created as a special fund in the office of the State Treasurer. All moneys collected from operators pursuant to the ...
45.1-161.75 Inspections; Mine Rescue Coordinator
A. The Director shall (i) inspect, or cause to be inspected, the rescue station of each state-designated mine rescue team four times a year, (ii) ...
45.1-161.76 Workers' compensation; liability
A. For the purpose of workers' compensation coverage, during any mine disaster to which a state-designated mine rescue team responds under the provisions of this ...
45.1-161.77 Reports of explosions and mine fires; procedure
A. If an explosion or mine fire occurs in a mine, the operator shall notify the Department by the quickest available means. All facilities of ...
45.1-161.78 Operators' reports of accidents; investigations; reports by Department
A. Each operator will report promptly to the Department the occurrence at any mine of any accident. The scene of the accident shall not be ...
45.1-161.79 Reports of other accidents and injuries
A. Each miner employed at a mine shall promptly notify his supervisor of any injury received during the course of his employment. B. Each operator ...
45.1-161.80 Duties of mine inspectors
Each mine inspector shall: 1. Report immediately, and by the quickest available means, any mine fire, mine explosion, and any accident involving serious personal injury ...
45.1-161.81 Frequency of mine inspections
The Chief shall conduct a complete inspection of every underground coal mine not less frequently than every 180 days, and of every surface coal mine ...
45.1-161.82 Evaluation of risks at mines
A. For the purpose of allocating the resources of the Department to be used for conducting additional inspections, the Department shall develop a procedural policy ...
45.1-161.83 Review of inspection reports and records
Prior to commencing an inspection of a coal mine, a mine inspector shall review the most recent available report of inspection by the Mine Safety ...
45.1-161.84 Advance notice of inspections; confidentiality of trade secrets
A. No person shall give advance notice of any mine inspection conducted under the provisions of this title without authorization from the Director. B. All ...
45.1-161.85 Scheduling of mine inspections
A. The Chief and the Director shall schedule the inspections of mines under this article, to the extent deemed reasonable and prudent, in order to ...
45.1-161.86 Denial of entry
No person shall deny the Chief or the Director, as applicable, or any mine inspector entry upon or through a mine for the purpose of ...
45.1-161.87 Duties of operator
A. The operator, or his agent, of every mine shall furnish the Chief and mine inspectors proper facilities for entering such mine and making examinations ...
45.1-161.88 Duties of inspectors
A. During a complete inspection of a mine, other than an inactive mine, the mine inspector shall inspect, where applicable, the surface plant; all active ...
45.1-161.89 Certificates of inspection
A. Upon completing a mine inspection, a mine inspector shall complete a certificate regarding such inspections. The certificate of inspection shall show the date of ...
45.1-161.90 Notices of violations
A. If the Director, the Chief, or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall ...
45.1-161.91 Closure orders
A. The Director, the Chief, or a mine inspector shall issue a closure order requiring any mine or section thereof cleared of all persons, or ...
45.1-161.92 Tolling of time for abating violations
The period of time specified in a notice of violation for the abatement of the violation shall not begin to run until the final decision ...
45.1-161.93 Injunctive relief
A. Any person violating or failing, neglecting or refusing to obey any closure order may be compelled in a proceeding instituted by the Director in ...
45.1-161.94 Violations; penalties
Any person convicted of willfully violating any provisions of this Act or any regulation promulgated pursuant to this Act, unless otherwise specified in this Act, ...
45.1-161.95 Prosecution of violations
A. It shall be the duty of every attorney for the Commonwealth to whom the Director or his authorized representative has reported any violation of ...
45.1-161.96 Fees and costs
No fees or costs shall be charged the Commonwealth by a court or any officer for or in connection with the filing of any pleading ...
45.1-161.97 Reports of violations
A. Any person aware of a violation of this Act may report the violation to a mine inspector or to any other employee of the ...
45.1-161.98 Virginia Coal Mine Safety Board continued; membership; appointments; expenses
A. The Virginia Mine Safety Board is continued as the Virginia Coal Mine Safety Board. The Board shall be composed of nine members appointed by ...
45.1-161.99 Meetings of the Virginia Coal Mine Safety Board; notices; quorum
The Virginia Coal Mine Safety Board shall hold meetings at such times and places as shall be designated by the chairman. The chairman may call ...
45.1-161.100 Powers and duties of the Virginia Coal Mine Safety Board
The Virginia Coal Mine Safety Board shall have the power to advise and make recommendations to the Chief on matters relating to the health and ...
45.1-161.101 First aid training of coal miners
A. The Chief shall establish specifications for first aid and refresher training programs for miners at coal mines. Such specifications shall be no less than, ...
45.1-161.102 Training programs
A. The Department may administer training programs for the purpose of (i) assisting with the provision of selected requirements of the federal mine safety law ...
45.1-161.103 Additional coal mining training programs
The Chief is authorized to implement a voluntary on-site safety awareness training program for coal mines. Such training may be conducted by a mine inspector ...
45.1-161.104 Description unavailable
Repealed by Acts 1997, c. 390. ...

Last modified: April 3, 2009