Code of Virginia - Title 45.1 Mines And Mining - Chapter 14.4:1 Mineral Mine Safety Act

45.1-161.292:1 Short title
This chapter and Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) of this title shall be known as the "Mineral Mine ...
45.1-161.292:2 Definitions
As used in this chapter and in Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) of this title and in regulations ...
45.1-161.292:3 Safety and health
In safety and health, all mineral miners are to be governed by this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 ...
45.1-161.292:4 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 ...
45.1-161.292:5 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 ...
45.1-161.292:6 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 ...
45.1-161.292:7 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 ...
45.1-161.292:8 Notifying miners of violations; compliance with Act
A. The operator and his agent shall cooperate with the mine foreman, competent person and other officials in the discharge of their duties as required ...
45.1-161.292:9 Affiliations of Department personnel with labor union, mining company, etc.; interest in mine; insp...
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 Director ...
45.1-161.292:10 Appointment of mine inspectors
Mine inspectors shall be appointed by the Director. (1997, c. 390.) ...
45.1-161.292:11 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 ...
45.1-161.292:12 Qualifications of inspectors of mines
Each mine inspector conducting inspections of mineral mines shall have a thorough knowledge of the various systems of working and ventilating underground mineral mines and ...
45.1-161.292:13 Duties of Director
A. The Director shall supervise execution and enforcement of all laws pertaining to the safety and health of persons employed within or at mineral mines ...
45.1-161.292:14 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 ...
45.1-161.292:15 Board of Mineral Mining Examiners
A. There is hereby created the Board of Mineral Mining Examiners, which shall consist of nine members. One member shall be the Director of the ...
45.1-161.292:16 Meetings of the Board of Mineral Mining Examiners; compensation
The Board of Mineral Mining Examiners shall meet at least once a year and shall be called by the Director of the Division of Mineral ...
45.1-161.292:17 Records of Board of Mineral Mining Examiners
The Director of the Division of Mineral Mining shall preserve in his office a record of the meetings and transactions of the Board of Mineral ...
45.1-161.292:18 Nominations for the Board of Mineral Mining Examiners
Nominations for appointments to the Board of Mineral Mining Examiners may be submitted to the Governor by the Director and each organization of mineral miners ...
45.1-161.292:19 Certification of certain persons employed in mineral mines; powers of Board of Mineral Mining Exami...
A. The Board of Mineral Mining Examiners may require certification of persons who work in mineral mines and persons whose duties and responsibilities in relation ...
45.1-161.292:20 Examinations required for Mineral Mining Certifications
A. The Board of Mineral Mining Examiners may require examination of applicants for certification; however, the Board shall require examination of applicants for a mine ...
45.1-161.292:21 Performance of certain tasks by uncertified persons; penalty
It shall be unlawful for any person to perform any task requiring certification by the Board of Mineral Mining Examiners until he has been certified. ...
45.1-161.292:22 Examination fees; Mineral Mining Examiners' Fund
A. A fee of ten dollars shall be paid to the Director by each person examined. All fees shall be paid before the commencement of ...
45.1-161.292:23 Replacement of lost or destroyed certificates
If any certificate issued by the Board of Mineral Mining Examiners shall be lost or destroyed, the Director may supply a copy thereof to the ...
45.1-161.292:24 Reciprocal acceptance of other certifications
In lieu of an examination prescribed by law or regulation, the Board of Mineral Mining Examiners may issue to any person holding a certificate issued ...
45.1-161.292:25 Renewal of certificates
The holder of any certificate issued by the Board of Mineral Mining Examiners, other than a general mineral miner certificate, may renew the certificate by ...
45.1-161.292:26 Revocation of certificates
A. The Board of Mineral Mining Examiners may revoke any certificate upon finding that the holder has (i) been intoxicated while in duty status; (ii) ...
45.1-161.292:27 Reexamination
The holder of a certificate revoked pursuant to § 45.1-161.292:26 shall be entitled to examination by the Board of Mineral Mining Examiners after three months ...
45.1-161.292:28 General mineral miner certification
A. Every person commencing work in a mineral mine subsequent to January 1, 1997, shall hold a general mineral miner certificate issued by the Board ...
45.1-161.292:29 Foreman certification
A. At any mineral mine where three or more persons work during any part of a twenty-four-hour period, the licensed operator or independent contractor engaged ...
45.1-161.292:30 License required for operation of mineral mines; term
A. No person shall engage in the operation of any mineral mine within this Commonwealth without first obtaining a license from the Department. A license ...
45.1-161.292:31 Fee to accompany application for license; fund; disposition of fees
Each application for a mineral mine license or a renewal or transfer of a license shall be submitted to the Department, accompanied by a fee, ...
45.1-161.292:32 Application for license
A. An application for a license shall be submitted by the person who will be the licensed operator of the mine. No application for a ...
45.1-161.292:33 Denial or revocation of license
A. The Director may deny an application for, or revoke a license for, the operation of a mineral mine, upon determining that the applicant, the ...
45.1-161.292:34 Operating without license; penalty
A. In addition to any other power conferred by law, the Director, or his designated representative, shall have the authority to issue an order closing ...
45.1-161.292:35 Annual reports; condition to issuance of license following transfer of ownership
A. The licensed operator of every mine or his agent shall annually, by February 15, mail or deliver to the Department a report for the ...
45.1-161.292:36 Notices to Department; resumption of mining following discontinuance
A. The licensed operator or his agent shall send notice of intent to abandon or discontinue the working of an underground mine for a period ...
45.1-161.292:37 Maps of mines required to be made; contents; extension and preservation; use by Department; release...
A. Prior to commencing mining activity, the licensed operator of a mineral mine, or his agent, shall make, or cause to be made, unless already ...
45.1-161.292:38 When the Director may cause maps to be made; payment of expense
If the licensed operator, or his agent, of any mine shall neglect or fail to furnish to the Director a copy of any map or ...
45.1-161.292:39 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 chapter ...
45.1-161.292:40 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 ...
45.1-161.292:41 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 ...
45.1-161.292:42 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 ...
45.1-161.292:43 Qualification for crew membership; direction of crews
A. To qualify for membership in mine rescue crews, an applicant shall (i) be an experienced miner, (ii) be not more than 50 years of ...
45.1-161.292:44 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 ...
45.1-161.292:45 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 ...
45.1-161.292:46 State-designated mine rescue teams
The Director may, upon the request of a licensed operator or agent who employs a mine rescue team, designate two or more mine rescue teams ...
45.1-161.292:47 Mine Rescue Fund
The Mine Rescue Fund is created as a special fund in the office of the State Treasurer. All moneys collected from licensed operators pursuant to ...
45.1-161.292:48 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) ...
45.1-161.292:49 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 ...
45.1-161.292:50 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. Independent contractors shall ...
45.1-161.292:51 Operators' reports of accidents; investigations; reports by Department
A. Each operator shall report promptly to the Department the occurrence at any mine of any accident involving serious personal injury or death to any ...
45.1-161.292:52 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 ...
45.1-161.292:53 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 ...
45.1-161.292:54 Frequency of mine inspections
A. The Director shall conduct a complete inspection of every underground mineral mine not less frequently than every 180 days, and of those surface mineral ...
45.1-161.292:55 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 ...
45.1-161.292:56 Review of inspection reports and records
Prior to completing an inspection of an underground mineral mine, a mine inspector shall review the most recent available report of inspection by the Mine ...
45.1-161.292:57 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 ...
45.1-161.292:58 Scheduling of mine inspections
A. The Director shall schedule the inspections of mines under this article, to the extent deemed reasonable and prudent, in order to reduce their chronological ...
45.1-161.292:59 Denial of entry
No person shall deny the Director or any mine inspector entry upon or through a mine for the purpose of conducting an inspection or any ...
45.1-161.292:60 Duties of operator
A. The operator, or his agent, of every mine shall furnish the Director and mine inspectors proper facilities for entering such mine and making examinations ...
45.1-161.292:61 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 ...
45.1-161.292:62 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 ...
45.1-161.292:63 Notices of violations
A. If the Director or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable ...
45.1-161.292:64 Closure orders
A. The Director or a mine inspector shall issue a closure order requiring any mine or section thereof cleared of all persons, or equipment removed ...
45.1-161.292:65 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 ...
45.1-161.292:66 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 ...
45.1-161.292:67 Violations; penalties
Any person convicted of willfully violating any provisions of this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) or ...
45.1-161.292:68 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 ...
45.1-161.292:69 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 ...
45.1-161.292:70 Reports of violations
A. Any person aware of a violation of this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) may report ...
45.1-161.292:71 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 ...
45.1-161.292:72 Mineral mining safety training
The Director is authorized to implement a program of voluntary safety talks for mineral miners. Safety training may include topical training and talks conducted by ...
45.1-161.292:73 Mineral mining safety training program
A. Each operator shall have a plan containing the following programs: training for new miners, training for newly-employed experienced miners, training for miners for new ...

Last modified: April 3, 2009