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1994 SESSION


CHAPTER 28
An Act to amend and reenact §§ 2.1-1.6, 2.1-20.4, 9-6.25:1, 9-6.25:2, 40.1-51.3:1, 40.1-51.4:1, and 40.1-51.4:2 of the Code of Virginia; to amend the Code of Virginia by adding in Title 45.1 chapters numbered 14.1 through 14.8, containing sections numbered 45.1-161.1 through 45.1-161.322; and to repeal Chapters 1 through 14 (§§ 45.1-1.1 through 45.1-161) of Title 45.1 of the Code of Virginia, relating to the Department of Mines, Minerals and Energy, coal and mineral mining safety, rights of adjacent owners, and emergency seizures of coal properties; penalties.
[S 200]
Approved March 4, 1994

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-1.6, 2.1-20.4, 9-6.25:1, 9-6.25:2, 40.1-51.3:1, 40.1-51.4:1, and 40.1-51.4:2 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding in Title 45.1 chapters numbered 14.1 through 14.8, containing sections numbered 45.1-161.1 through 45.1-161.322, as follows:

§ 2.1-1.6. State boards.

A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:

Accountancy, Board for

Aging, Advisory Board on the

Agriculture and Consumer Services, Board of

Air Pollution, State Advisory Board on

Alcoholic Beverage Control Board, Virginia

Apple Board, Virginia State

Appomattox State Scenic River Advisory Board

Aquaculture Advisory Board

Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for

Art and Architectural Review Board

Athletic Board, Virginia

Auctioneers Board

Audiology and Speech-Language Pathology, Board of

Aviation Board, Virginia

Barbers, Board for

Branch Pilots, Board for

Bright Flue-Cured Tobacco Board, Virginia

Building Code Technical Review Board, State

Catoctin Creek State Scenic River Advisory Board

Cattle Industry Board, Virginia

Cave Board

Certified Seed Board, State

Chesapeake Bay Local Assistance Board

Chickahominy State Scenic River Advisory Board

Child Abuse and Neglect, Advisory Board on

Chippokes Plantation Farm Foundation, Board of Trustees

Clinch Scenic River Advisory Board

Coal Mining Examiners, Board of

Coal Research and Development Advisory Board, Virginia

Coal Surface Mining Reclamation Fund Advisory Board

Conservation and Development of Public Beaches, Board on

Conservation and Recreation, Board of

Contractors, Board for

Corn Board, Virginia

Correctional Education, Board of

Corrections, State Board of

Cosmetology, Board for

Criminal Justice Services Board

Dark-Fired Tobacco Board, Virginia

Deaf and Hard-of-Hearing, Advisory Board for the Department for the

Dentistry, Board of

Education, State Board of

Egg Board, Virginia

Emergency Medical Services Advisory Board

Employment Agency Advisory Board

Farmers Market Board, Virginia

Film Office Advisory Board

Fire Services Board, Virginia

Forensic Science Advisory Board

Forestry, Board of

Funeral Directors and Embalmers, Board of

Game and Inland Fisheries, Board of

Geology, Board for

Goose Creek Scenic River Advisory Board

Health Planning Board, Virginia

Health Professions, Board of

Health, State Board of

Hearing Aid Specialists, Board for

Hemophilia Advisory Board

Historic Resources, Board of

Housing and Community Development, Board of

Industrial Development Services Advisory Board

Insurance Advisory Board, State

Irish Potato Board, Virginia

Laboratory Services Advisory Board

Marine Products Board, Virginia

Medical Advisory Board, Department of Motor Vehicles

Medical Board of the Virginia Retirement System

Medicare and Medicaid, Advisory Board on

Medicine, Board of

Mental Health, Mental Retardation and Substance Abuse Services Board, State

Migrant and Seasonal Farmworkers Board

Military Affairs, Board of

Mineral Mining Examiners, Board of

Mines, Minerals and Energy, Board of Examiners in the Department of

Minority Business Enterprise, Interdepartmental Board of the Department of

Motor Vehicle Dealers' Advisory Board

Networking Users Advisory Board, State

Nottoway State Scenic River Advisory Board

Nursing, Board of

Nursing Home Administrators, Board of

Occupational Therapy, Advisory Board on

Oil and Gas Conservation Board, Virginia

Opticians, Board for

Optometry, Board of

Peanut Board, Virginia

Personnel Advisory Board

Pesticide Control Board

Pharmacy, Board of

Physical Fitness and Sports, Virginia Board on

Physical Therapy to the Board of Medicine, Advisory Board on

Plant Pollination Advisory Board

Polygraph Examiners Advisory Board

Pork Industry Board, Virginia

Poultry Products Board, Virginia

Private College Advisory Board

Private Security Services Advisory Board

Professional and Occupational Regulation, Board for

Professional Counselors, Board of

Professional Soil Scientists, Board for

Psychiatric Advisory Board

Psychology, Board of

Public Buildings Board, Virginia

Public Telecommunications Board, Virginia

Radiation Advisory Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Recreational Fishing Advisory Board, Virginia

Recreation Specialists, Board of

Reforestation Board

Rehabilitative Services, Board of

Respiratory Therapy, Advisory Board on

Retirement System Review Board

Rockfish State Scenic River Advisory Board

Safety and Health Codes Board

Seed Potato Board

Sewage Handling and Disposal Appeal Review Board, State Health Department

Shenandoah State Scenic River Advisory Board

Small Business Advisory Board

Small Business Environmental Compliance Advisory Board

Small Grains Board, Virginia

Social Services, Board of

Social Work, Board of

Soil and Water Conservation Board, Virginia

Soybean Board, Virginia

State Air Pollution Control Board

Substance Abuse Certification Board

Surface Mining Review, Board of

Sweet Potato Board, Virginia

Teacher Education and Licensure, Advisory Board on

Tourism and Travel Services Advisory Board

Toxic Substances Advisory Board

Transportation Board, Commonwealth

Transportation Safety, Board of

Treasury Board, The, Department of the Treasury

Veterans' Affairs, Board on

Veterinary Medicine, Board of

Virginia Board for Asbestos Licensing

Virginia Coal Mine Safety Board

Virginia Employment Commission, State Advisory Board for the

Virginia Horse Industry Board

Virginia Manufactured Housing Board

Virginia Mine Safety Board

Virginia Retirement System, Board of Trustees

Virginia Waste Management Board

Visually Handicapped, Virginia Board for the

Voluntary Formulary Board, Virginia

War Memorial Foundation, Virginia, Board of Trustees

Waste Management Facility Operators, Board for

Water Resources Research Center Statewide Advisory Board, Virginia

Waterworks and Wastewater Works Operators, Board for

Well Review Board, Virginia

Youth and Family Services, State Board of.

B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:

Compensation Board

State Board of Elections

State Water Control Board

Virginia Parole Board

Virginia Veterans Care Center Board of Trustees.

§ 2.1-20.4. Bodies receiving compensation.

A. Notwithstanding any other provision of law, the following commissions, boards, etc., shall be those which receive compensation from state funds pursuant to § 2.1-20.3:

Accountancy, Board for

Agriculture and Consumer Services, Board of

Air Pollution Control Board, State

Airports Authority, Virginia

Apprenticeship Council

Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for

Athletic Board, Virginia

Auctioneers Board

Audiology and Speech-Language Pathology, Board of

Aviation Board, Virginia

Barbers, Board for

Branch Pilots, Board for

Building Code Technical Review Board, State

Chesapeake Bay Local Assistance Board

Child Day Care and Early Childhood Programs, Virginia Council on

Coal Mining Examiners, Board of

College Building Authority

Commonwealth Transportation Board

Conservation and Development of Public Beaches, Board on

Conservation and Recreation, Board of

Contractors, Board for

Correctional Education, Board of

Corrections, Board of

Cosmetology, Board for

Criminal Justice Services Board

Deaf and Hard-of-Hearing, Advisory Board for the

Dentistry, Board of

Education, State Board of

Education Loan Authority, Virginia - Board of Directors

Elections, State Board of

Environment, Council on the

Fire Services Board, Virginia

Funeral Directors and Embalmers, Board of

Game and Inland Fisheries, Board of

Geology, Board for

Health, State Board of

Health Professions, Board of

Hearing Aid Specialists, Board for

Higher Education, State Council of

Historic Resources, Board of

Housing and Community Development, Board of

Information Management, Council on

Marine Resources Commission

Medical Assistance Services, Board of

Medical Complaint Investigation Committee

Medicine, Board of

Mental Health, Mental Retardation and Substance Abuse Services Board, State

Milk Commission

Mineral Mining Examiners, Board of

Mines, Minerals and Energy, Board of Examiners in the Department of

Nursing, Board of

Nursing Home Administrators, Board of

Occupational Therapy, Advisory Board on

Oil and Gas Conservation Board, Virginia

Opticians, Board for

Optometry, Board of

Pesticide Control Board

Pharmacy, Board of

Physical Therapy, Advisory Board on

Port Authority, Board of Commissioners of the Virginia

Professional and Occupational Regulation, Board for

Professional Counselors, Board of

Professional Soil Scientists, Board for

Psychology, Board of

Public Defender Commission

Public School Authority, Virginia

Purchases and Supply Appeals Board

Real Estate Appraiser Board

Real Estate Board

Recreation Specialists, Board of

Rehabilitative Services, Board of

Respiratory Therapy, Advisory Board on

Safety and Health Codes Board

Seed Potato Board

Social Services, Board of

Social Work, Board of

State Health Department Sewage Handling and Disposal Appeal Review Board

Substance Abuse Certification Board

Surface Mining Review, Board of

Treasury Board

Veterans' Affairs, Board on

Veterinary Medicine, Board of

Virginia Board for Asbestos Licensing

Virginia Health Planning Board

Virginia Manufactured Housing Board

Virginia Veterans Care Center Board of Trustees

Virginia Waste Management Board

Visually Handicapped, Virginia Board for the

Waste Management Facility Operators, Board for

Water Control Board, State

Waterworks and Wastewater Works Operators, Board for

Well Review Board, Virginia

Youth and Family Services, State Board of.

B. Individual members of boards, commissions, committees, councils, and other similar bodies appointed at the state level and receiving compensation for their services on January 1, 1980, but who will not receive compensation under the provisions of this article, shall continue to receive compensation at the January 1, 1980, rate until such member's current term expires.

§ 9-6.25:1. Advisory boards, commissions and councils.

There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following advisory boards, commissions and councils within the executive branch:

Advisory Board for the Department for the Deaf and Hard-of-Hearing

Advisory Board for the Department for the Aging

Advisory Board on Child Abuse and Neglect

Advisory Board on Medicare and Medicaid

Advisory Board on Occupational Therapy

Advisory Board on Physical Therapy to the Board of Medicine

Advisory Board on Respiratory Therapy to the Board of Medicine

Advisory Board on Teacher Education and Licensure

Advisory Council on Revenue Estimates

Advisory Council on the Virginia Business-Education Partnership Program

Appomattox State Scenic River Advisory Board

Aquaculture Advisory Board

Art and Architectural Review Board

(Effective until July 1, 1994) Board for the Visually Handicapped

Board of Directors, Virginia Truck and Ornamentals Research Station

Board of Forestry

Board of Military Affairs

(Effective until July 1, 1994) Board of Rehabilitative Services

Board of Transportation Safety

Board of Trustees of the Family and Children's Trust Fund

Board of Visitors, Gunston Hall Plantation

Board on Veterans' Affairs

Catoctin Creek State Scenic River Advisory Board

Cave Board

Chickahominy State Scenic River Advisory Board

Clinch Scenic River Advisory Board

Coal Surface Mining Reclamation Fund Advisory Board

Council on Indians

Council on the Status of Women

Emergency Medical Services Advisory Board

Falls of the James Committee

Film Office Advisory Board

Forensic Science Advisory Board

Goose Creek Scenic River Advisory Board

Governor's Council on Alcohol and Drug Abuse Problems

Governor's Mined Land Reclamation Advisory Committee

Hemophilia Advisory Board

Human Services Information and Referral Advisory Council

Industrial Development Services Advisory Board

Interagency Coordinating Council on Housing for the Disabled

Interdepartmental Board of the State Department of Minority Business Enterprise

Laboratory Services Advisory Board

Local Advisory Board to the Blue Ridge Community College

Local Advisory Board to the Central Virginia Community College

Local Advisory Board to the Dabney S. Lancaster Community College

Local Advisory Board to the Danville Community College

Local Advisory Board to the Eastern Shore Community College

Local Advisory Board to the Germanna Community College

Local Advisory Board to the J. Sargeant Reynolds Community College

Local Advisory Board to the John Tyler Community College

Local Advisory Board to the Lord Fairfax Community College

Local Advisory Board to the Mountain Empire Community College

Local Advisory Board to the New River Community College

Local Advisory Board to the Northern Virginia Community College

Local Advisory Board to the Patrick Henry Community College

Local Advisory Board to the Paul D. Camp Community College

Local Advisory Board to the Piedmont Virginia Community College

Local Advisory Board to the Rappahannock Community College

Local Advisory Board to the Southwest Virginia Community College

Local Advisory Board to the Thomas Nelson Community College

Local Advisory Board to the Tidewater Community College

Local Advisory Board to the Virginia Highlands Community College

Local Advisory Board to the Virginia Western Community College

Local Advisory Board to the Wytheville Community College

Long-Term Care Council

Maternal and Child Health Council

Medical Advisory Board, Department of Motor Vehicles

Medical Board of the Virginia Retirement System

Migrant and Seasonal Farmworkers Board

Motor Vehicle Dealer's Advisory Board

Nottoway State Scenic River Advisory Board

Personnel Advisory Board

Plant Pollination Advisory Board

Private College Advisory Board

Private Enterprise Commission

Private Security Services Advisory Board

Psychiatric Advisory Board

Radiation Advisory Board

Rappahannock Scenic River Advisory Board

Recreational Fishing Advisory Board, Virginia

Reforestation Board

Retirement System Review Board

Rockfish State Scenic River Advisory Board

Shenandoah State Scenic River Advisory Board

Small Business Advisory Board

Small Business Environmental Compliance Advisory Board

St. Mary's Scenic River Advisory Committee

State Advisory Board on Air Pollution

State Advisory Board for the Virginia Employment Commission

State Building Code Technical Review Board

State Council on Local Debt

State Health Benefits Advisory Council

State Insurance Advisory Board

State Land Evaluation Advisory Council

State Networking Users Advisory Board

State Public Records Advisory Council

Staunton Scenic River Advisory Committee

Telecommunications Relay Service Advisory Board

Tourism and Travel Services Advisory Board

Toxic Substances Advisory Board

Virginia Advisory Commission on Intergovernmental Relations

Virginia Advisory Council for Adult Education and Literacy

Virginia Board on Physical Fitness and Sports

Virginia Coal Mine Safety Board

Virginia Coal Research and Development Advisory Board

Virginia Commission for the Arts

Virginia Commission on the Bicentennial of the United States Constitution

Virginia Council on Coordinating Prevention

Virginia Equal Employment Opportunity Council

Virginia Interagency Coordinating Council

Virginia Military Advisory Council

Virginia Mine Safety Board

Virginia Public Buildings Board

Virginia Recycling Markets Development Council

Virginia Transplant Council

Virginia Water Resources Research Center, Statewide Advisory Board

Virginia Winegrowers Advisory Board.

§ 9-6.25:2. Policy boards, commissions and councils.

There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following policy boards, commissions and councils:

Apprenticeship Council

Athletic Board

Auctioneers Board

Blue Ridge Regional Education and Training Council

Board for Accountancy

Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects

Board for Barbers

Board for Contractors

Board for Cosmetology

Board for Geology

Board for Hearing Aid Specialists

Board for Opticians

Board for Professional and Occupational Regulation

Board for Professional Soil Scientists

Board for Waterworks and Wastewater Works Operators

Board for the Visually Handicapped

Board of Agriculture and Consumer Services

Board of Audiology and Speech-Language Pathology

Board of Coal Mining Examiners

Board of Conservation and Recreation

Board of Correctional Education

Board of Dentistry

Board of Directors, Virginia Student Assistance Authorities

Board of Examiners in the Department of Mines, Minerals and Energy

Board of Funeral Directors and Embalmers

Board of Health Professions

Board of Historic Resources

Board of Housing and Community Development

Board of Medical Assistance Services

Board of Medicine

Board of Mineral Mining Examiners

Board of Nursing

Board of Nursing Home Administrators

Board of Optometry

Board of Pharmacy

Board of Professional Counselors

Board of Psychology

Board of Recreation Specialists

Board of Rehabilitative Services

Board of Social Services

Board of Social Work

Board of Surface Mining Review

Board of Veterinary Medicine

Board on Conservation and Development of Public Beaches

Chesapeake Bay Local Assistance Board

Child Day Care and Early Childhood Programs, Virginia Council on

Child Day-Care Council

Commission on Local Government

Commonwealth Transportation Board

Council on Human Rights

Council on Information Management

Criminal Justice Services Board

Department of Environmental Quality

Disability Services Council

Farmers Market Board, Virginia

Interdepartmental Council on Rate-setting for Children's Facilities

Library Board, the Virginia State Library and Archives

Marine Resources Commission

Milk Commission

Pesticide Control Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Safety and Health Codes Board

Seed Potato Board

Southside Virginia Marketing Council

Specialized Transportation Council

State Board of Corrections

State Board of Elections

State Board of Health

State Board of Youth and Family Services

State Health Department, Sewage Handling and Disposal Appeal Review Board

State Library Board

State Mental Health, Mental Retardation and Substance Abuse Services Board

State Water Control Board

Substance Abuse Certification Board

Treasury Board, The, Department of the Treasury

Virginia Aviation Board

Virginia Board for Asbestos Licensing

Virginia Fire Services Board

Virginia Gas and Oil Board

Virginia Health Planning Board

Virginia Health Services Cost Review Council

Virginia Manufactured Housing Board

Virginia Parole Board

Virginia Public Telecommunications Board

Virginia Soil and Water Conservation Board

Virginia Voluntary Formulary Board

Virginia Waste Management Board

Virginia World Trade Council

Waste Management Facility Operators, Board for.

§ 40.1-51.3:1. Penalty for giving advance notice of safety or health inspection under this title or Title 45.1.

Any person who gives advance notice of any safety or health inspection to be conducted under the provisions of this title or Title 45.1 without authority of the Commissioner or his authorized representative shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment for not more than 6 months, or by both such fine and imprisonment.

§ 40.1-51.4:1. Confidentiality of trade secrets.

All information reported to or otherwise obtained by the Commissioner or his authorized representative in connection with any inspection or proceeding under this title or Title 45.1 which contains or which might reveal a trade secret referred to in § 1905 of Title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to the Commissioner or his authorized representatives concerned with carrying out any provisions of this title or Title 45.1 or any proceeding under the aforementioned titles title. In any such proceeding, the court, the Safety and Health Codes Board or the Commissioner shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

§ 40.1-51.4:2. Penalty for making false statements, etc.

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan, or other document filed or required to be maintained under this title or Title 45.1 shall upon conviction be punished by a fine of not more than $10,000, or by imprisonment for not more than 6 six months or by both.

CHAPTER 14.1.
ADMINISTRATION.

§ 45.1-161.1. Definitions.

As used in this title, unless the context requires a different meaning:

"Chief" means the Chief of the Division of Mines of the Department of Mines, Minerals and Energy.

"Department" means the Department of Mines, Minerals and Energy.

"Director" means the Director of the Department of Mines, Minerals and Energy.

§ 45.1-161.2. Department continued; appointment of Director.

The Department of Mines, Minerals and Energy is continued as an agency within the Secretariat of Commerce and Trade. The Department shall be headed by a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at his pleasure for a term coincident with his own.

§ 45.1-161.3. Powers of Department.

The Department shall have the following powers, all of which, with the approval of the Director, may be exercised by any division of the Department with respect to matters assigned to that division:

1. To employ the personnel required to carry out the purposes of this title;

2. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this title, including, but not limited to, contracts with the private sector, the United States, other state agencies and governmental subdivisions of the Commonwealth;

3. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with any conditions and execute any agreements that are necessary, convenient or desirable;

4. To promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under this title and other relevant chapters, which regulations shall be promulgated by the Department, the Chief, or the Director, as appropriate, in accordance with the provisions of Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act; and

5. To do all acts necessary or convenient to carry out the purposes of this title.

§ 45.1-161.4. Powers and duties of Director.

The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties conferred or imposed upon him by law, and shall perform any other duties required of him by the Governor.

§ 45.1-161.5. Establishment of divisions; division heads.

The following divisions, through which the functions, powers, and duties of the Department may be discharged, are established in the Department: a Division of Mines, a Division of Mined Land Reclamation, a Division of Mineral Resources, a Division of Gas and Oil, a Division of Mineral Mining, and a Division of Energy. The Director may establish other divisions as he deems necessary. Except as provided in § 45.1-161.15 with respect to the Chief of the Division of Mines, the Director shall appoint persons to direct the various functions and programs of the divisions, and may delegate to the head of any division any of the powers and duties conferred or imposed by law on the Director.

§ 45.1-161.6. Department to serve as lead agency for inspections undertaken subsequent to the issuance of a permit.

Following the issuance of any permit under Chapter 16 (§ 45.1-180 et seq.) or 19 (§ 45.1-226 et seq.) of this title, the Department shall serve as the lead agency for enforcement of the provisions of the permit. Any other agency which has reviewed and approved, or not disapproved, a permit application prior to its approval by the Director shall contact the Director or his designee prior to making any routine inspection. The Director or his designee shall then contact the permittee, if prior contact is to be made, to schedule the inspection and shall accompany any employee of any agency other than the Department during any inspection by such other agency. However, nothing in this section shall apply in the event of a blackwater discharge, a failure of waste treatment facilities, or other situation that in the judgment of the State Water Control Board requires an inspection on an emergency or expedited basis.

CHAPTER 14.2.
MINE SAFETY ACT.
Article 1.
General Provisions.

§ 45.1-161.7. Short title.

This chapter and Chapters 14.3 (§ 45.1-161.105 et seq.) to 14.6 (§ 45.1-161.304 et seq.) of this title shall be known as the "Mine Safety Act."

§ 45.1-161.8. Definitions.

As used in this chapter and in Chapters 14.3 (§ 45.1-161.105 et seq.) through 14.6 (§ 45.1-161.304 et seq.) of this title, unless the context requires a different meaning:

"Abandoned areas" means areas which are not ventilated, if underground, and are not examined regularly.

"Accident" means (i) a death of an individual at a mine; (ii) a serious personal injury; (iii) an entrapment of an individual for more than thirty minutes; (iv) an unplanned inundation of a mine by liquid or gas; (v) an unplanned ignition or explosion of gas or dust; (vi) an unplanned fire not extinguished within thirty minutes of discovery; (vii) an unplanned ignition or explosion of a blasting agent or an explosive; (viii) an unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage; (ix) a coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour; (x) an unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area; or, failure of an impoundment, refuse pile or culm bank; (xi) damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than thirty minutes; and (xii) an event at a mine which causes death or bodily injury to an individual not at a mine at the time the event occurs.

"Active areas" means all places in a mine that are ventilated, if underground, and examined regularly.

"Active workings" means any place in a mine where miners are normally required to work or travel.

"Agent" means any person charged by the operator with responsibility for the operation of all or a part of a mine or the supervision of the miners in a mine.

"Approved" means a device, apparatus, equipment, condition, method, course or practice approved in writing by the Chief or Director.

"Armored cable" means a cable provided with a wrapping of metal, plastic or other approved material.

"Authorized person" means a person assigned by the operator or agent to perform a specific type of duty or duties or to be at a specific location or locations in the mine who is task trained in accordance with requirements of the federal mine safety law.

"Blower fan" means a fan with tubing used to direct part of a particular circuit of air to a working place.

"Booster fan" means an underground fan installed in conjunction with a main fan to increase the volume of air in one or more circuits.

"Cable" means a stranded conductor (single-conductor cable) or a combination of conductors insulated from one another (multiple-conductor cable).

"Certified person" means a person holding a valid certificate from the Board of Coal Mining Examiners or the Board of Mineral Mining Examiners authorizing him to perform the task to which he is assigned.

"Circuit" means a conducting part or a system of conducting parts through which an electric current is intended to flow.

"Circuit breaker" means a device for interrupting a circuit between separable contacts under normal or abnormal conditions.

"Coal mine" means a surface coal mine or an underground coal mine.

"Competent person" means a person designated by the Department as having abilities and experience that fully qualify him to perform the duty to which he is assigned.

"Cross entry" means any entry or set of entries, turned from main entries, from which room entries are turned.

"Experienced surface miner" means a person with more than six months of experience working at a surface mine or the surface area of an underground mine.

"Experienced underground miner" means a person with more than six months of underground mining experience.

"Federal mine safety law" means the Federal Mine Safety and Health Act of 1977 (P.L. 95-164), and regulations promulgated thereunder.

"Fuse" means an overcurrent protective device with a circuit-opening fusible member directly heated and destroyed by the passage of overcurrent through it.

"Ground" means a conducting connection between an electric circuit or equipment and earth or to some conducting body which serves in place of earth.

"Grounded" means connected to earth or to some connecting body which serves in place of the earth.

"Imminent danger" means the existence of any condition or practice in a mine which could reasonably be expected to cause death or serious personal injury before such condition or practice can be abated.

"Inactive mine" means a mine (i) at which coal or minerals have not been excavated or processed, or work, other than examinations by a certified person or emergency work to preserve the mine, has not been performed at an underground mine for a period of thirty days, or at a surface mine for a period of sixty days, (ii) for which a valid license is in effect, and (iii) at which reclamation activities have not been completed.

"Inexperienced underground miner" means a person with less than six months of underground mining experience.

"Intake air" means air that has not passed through the last active working place of the split or by the unsealed entrances to abandoned areas and by analysis contains not less than nineteen and one-half percent oxygen nor more than one-half of one percent of carbon dioxide, nor any dangerous quantities of flammable gas nor any harmful amounts of poisonous gas.

"Interested persons" means members of the Mine Safety Committee and other duly authorized representatives of the employees at a mine; federal Mine Safety and Health Administration employees; mine inspectors; and, to the extent required by this Act, any other person.

"Main entry" means the principal entry or set of entries driven through the coal bed or mineral deposit from which cross entries, room entries, or rooms are turned.

"Mine" means any underground coal mine, surface coal mine, underground mineral mine, or surface mineral mine. Mines that are adjacent to each other and under the same management and which are administered as distinct units shall be considered as separate mines. A site shall not be a mine unless the coal or mineral extracted or excavated therefrom is offered for sale or exchange, or used for any other commercial purposes.

"Mine fire" means an unplanned fire not extinguished within thirty minutes of discovery.

"Mine foreman" means a person holding a valid certificate of qualification as a foreman duly issued by action of the Board of Coal Mining Examiners or as a foreman duly issued by action of the Board of Mineral Mining Examiners.

"Mine inspector" means a public employee assigned by the Chief or the Director to make mine inspections as required by this Act, and other applicable laws.

"Mine Safety Act" or "Act" shall mean this chapter and Chapters 14.2 (§ 45.1-161.105 et seq.) through 14.6 (§ 45.1-161.304 et seq.) of this title, and shall include any regulations promulgated thereunder, where applicable.

"Miner" means any individual working in a mine.

"Mineral" means clay, stone, sand, gravel, metalliferous and non-metalliferous ores, and any other solid material or substance of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and those minerals which occur naturally in liquid or gaseous form.

"Mineral mine" means a surface mineral mine or an underground mineral mine.

"Operator" means any person who operates, controls or supervises a mine or any independent contractor performing services or construction at such mine.

"Panel entry" means a room entry.

"Permissible" means a device, process, or equipment or method heretofore or hereafter classified by such term by the Mine Safety and Health Administration, when such classification is adopted by the Chief or the Director, and includes, unless otherwise herein expressly stated, all requirements, restrictions, exceptions, limitations, and conditions attached to such classification by the Administration.

"Return air" means air that has passed through the last active working place on each split, or air that has passed through abandoned, inaccessible or pillared areas. Area within a panel shall not be deemed abandoned until such panel is abandoned.

"Room entry" means any entry or set of entries from which rooms are turned.

"Serious personal injury" means any injury requiring at least one day of hospital confinement.

"Substation" means an electrical installation containing generating or power-conversion equipment and associated electric equipment and parts, such as switchboards, switches, wiring, fuses, circuit breakers, compensators and transformers.

"Surface coal mine" means (i) the pit and other active and inactive areas of surface extraction of coal; (ii) on-site preparation plants, shops, tipples and related facilities appurtenant to the extraction and processing of coal; (iii) surface areas for the transportation and storage of coal extracted at the site; (iv) impoundments, retention dams, tailing ponds, and refuse disposal areas appurtenant to the extraction of coal from the site; (v) equipment, machinery, tools, and other property used in, or to be used in, the extraction of coal from the site; (vi) private ways and roads appurtenant to such area; and (vii) the areas used to prepare a site for surface coal extraction activities. A site shall commence being a surface coal mine upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity that does not disturb the surface, and shall cease to be a surface coal mine upon completion of initial reclamation activities.

"Surface mineral mine" means (i) the pit and other active and inactive areas of surface extraction of minerals; (ii) on-site mills, shops, loadout facilities, and related structures appurtenant to the excavation and processing of minerals; (iii) impoundments, retention dams, tailing ponds, and other areas appurtenant to the extraction of minerals from the site; (iv) on-site surface areas for the transportation and storage of minerals excavated at the site; (v) equipment, machinery, tools and other property used in, or to be used in, the work of extracting minerals from the site; (vi) private ways and roads appurtenant to such area; and (vii) the areas used for surface-disturbing exploration (other than by drilling or seismic testing) or preparation of a site for surface mineral extraction activities. A site shall commence being a surface mineral mine upon the beginning of any surface-disturbing exploration activities other than exploratory drilling or seismic testing, and shall cease to be a surface mineral mine upon completion of initial reclamation activities. The surface extraction of a mineral shall not constitute surface mineral mining unless (i) the mineral is extracted for its unique or intrinsic characteristics, or (ii) the mineral requires processing prior to its intended use.

"Underground coal mine" means (i) the working face and other active and inactive areas of underground excavation of coal; (ii) underground passageways, shafts, slopes, drifts, inclines, and tunnels connected to such areas; (iii) on-site preparation plants, shops, tipples and related facilities appurtenant to the excavation and processing of coal; (iv) on-site surface areas for the transportation and storage of coal excavated at the site; (v) impoundments, retention dams, and tailing ponds appurtenant to the excavation of coal from the site; (vi) equipment, machinery, tools, and other property, on the surface and underground, used in, or to be used in, the excavation of coal from the site; (vii) private ways and roads appurtenant to such area; (viii) the areas used to prepare a site for underground coal excavation activities; and (ix) areas used for the drilling of vertical ventilation holes. A site shall commence being an underground coal mine upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity, and shall cease to be an underground coal mine upon completion of initial reclamation activities.

"Underground mineral mine" means (i) the working face and other active and inactive areas of underground excavation of minerals; (ii) underground passageways, shafts, slopes, drifts, inclines and tunnels connected to such areas; (iii) on-site mills, loadout areas, shops, and related facilities appurtenant to the excavation and processing of minerals; (iv) on-site surface areas for the transportation and storage of minerals excavated at the site; (v) impoundments, retention dams, tailing ponds and waste areas appurtenant to the excavation of minerals from the site; (vi) equipment, machinery, tools, and other property, on the surface or underground, used in, or to be used in, the excavation of minerals from the site; (vii) private ways and roads appurtenant to such area; and (viii) the areas used to prepare a site for underground mineral excavation activities. A site shall commence being an underground mineral mine upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity, and shall cease to be an underground mineral mine upon completion of initial reclamation activities.

"Work area," as used in Chapter 14.4 (§ 45.1-161.253 et seq.) of this title, means those areas of a surface coal mine in production or being prepared for production and those areas of the mine which may pose a danger to miners at such areas.

"Working face" means any place in a mine in which work of extracting coal or minerals from its natural deposit in the earth is performed during the mining cycle.

"Working place" means the area of an underground mine inby the last open crosscut.

"Working section" means all areas from the loading point of a section to and including the working faces.

§ 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 other sections of the Code relating to safety and health of miners and rules and regulations promulgated by the Department.

§ 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 the work pertaining thereto inside and outside of the same, which, however, shall not be in conflict with the provisions of this Act. Such rules, when established, shall be printed in the languages spoken by ten or more miners, and shall be posted at some conspicuous place about the mines, where the rules may be seen by all miners at such mines, or in lieu thereof the operator shall furnish a printed copy of such rules to each of his miners.

§ 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 operator, agent or mine foreman shall obtain a birth certificate or other documentary evidence, from the Registrar of Vital Statistics, or other authentic sources as to the age of such person.

B. No operator, agent or mine foreman shall make a false statement as to the age of any person under eighteen years of age applying for work in or around any mine.

§ 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 mine any intoxicating liquors or controlled drugs without the prescription of a licensed physician; (iii) disturb any part of the machinery or appliances in a mine; (iv) open a door used for directing ventilation and fail to close it again; (v) enter any part of a mine against caution; or (vi) disobey any order issued pursuant to the provisions of this Act.

B. Each miner at any mine shall comply fully with the provisions of this Act and other mining laws of this Commonwealth that pertain to his duties.

§ 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 a sufficient quantity of all materials and supplies required to preserve the safety of the miners, as required by this Act. If for any reason, the operator or agent cannot procure the necessary materials or supplies, he shall cause the miners to withdraw from the mine, or the portion thereof affected, until such material or supplies are received.

§ 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 Act, and shall direct that the mine foreman and all other miners employed at the mine comply with all provisions of this Act, especially when his attention is called to any violation of this Act by the Chief, the Director, or a mine inspector.

B. The operator of any mine or his agent shall operate his mines in full conformity with this Act and any other mining law of the Commonwealth at all times. This requirement shall not relieve any other person subject to the provisions of this Act from his duty to comply with the requirements of this Act.

C. Nothing in this Act shall be construed to relieve an operator or his agent from the duty imposed at common law to secure the reasonable safety of their employees.

D. No operator, agent, or certified person shall knowingly permit any person to work in any part of a mine in violation of written instructions issued by a mine inspector pursuant to this Act.

Article 2.
Chief, Director and Mine Inspectors.

§ 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 of and shall report to the Director.

§ 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 for their detection and control, the control of mine roof, methods of rescue and recovery work in mine disasters, application of electricity and mechanical loading in mining operations, equipment and explosives used in mining, methods for preventing gas and dust explosions in mines, and mine haulage. The Chief shall possess such experience or educational background in management as determined necessary by the Governor and shall be not less than thirty years of age.

§ 45.1-161.17. Affiliations of Department personnel with labor union, coal company, etc.; interest in coal mine; inspections of mines where inspector previously employed.

A. In addition to compliance with the provisions of the State and Local Government Conflict of Interests Act (§ 2.1-639.1 et seq.), neither the Chief nor any other officer or employee of the Department shall, upon taking office or being employed, or at any other time during the term of his office or employment, have any affiliation with any operating coal company, operators' association, or labor union. Neither the Chief nor any other officer while in office shall be directly or indirectly interested as owner, partner, proprietor, lessor, operator, superintendent, or engineer of any coal mine, nor shall the Chief, or any other officer while in office, own any stock in a corporation owning a coal mine either directly or through a subsidiary.

B. Neither the Chief, the Director of the Division of Mineral Mining, nor any mine inspector shall perform an inspection at any mine site at which that individual was last employed for a period of two years following termination of his employment.

§ 45.1-161.18. Appointment of mine inspectors.

Mine inspectors shall be appointed by the Director.

§ 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 certificate as a mine foreman; and (iv) hold a certificate as a mine inspector issued by the Board of Coal Mining Examiners or the Board of Mineral Mining Examiners. Persons currently appointed as mine inspectors to inspect mineral mines shall have until July 1, 1996, to obtain a mine inspector certificate from the Board of Mineral Mining Examiners.

§ 45.1-161.20. Qualifications of inspectors of coal mines and mineral mines.

A. Each mine inspector conducting inspections of coal mines shall have a thorough knowledge of the various systems of working and ventilating underground coal mines and working surface coal mines; the nature and properties of mine gases and methods for their detection and control; the control of mine roof and ground control; methods of rescue and recovery work in mine disasters; application of electricity and mechanical loading in mining operations; equipment and explosives used in mining; methods for preventing gas and dust explosions in mines; and mine haulage.

B. Each mine inspector conducting inspections of mineral mines shall also have a thorough knowledge of the various systems of working and ventilating underground mineral mines and working surface mineral mines; the control of mine roof and ground control; methods of rescue and recovery in mining operations; application of electricity and mechanical loading in mining operations; equipment and explosives used in mining; and mine haulage.

§ 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 within the Commonwealth, and the protection of property used in connection therewith, and to perform all other duties required pursuant to this Act.

B. The Chief shall keep a record of all inspections of coal mines made by him and the mine inspectors. The Chief shall make a comprehensive report to the Director. The Chief shall also keep a permanent record thereof properly indexed, which record shall at all times be open to inspection by any citizen of the Commonwealth.

§ 45.1-161.22. 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 within the Commonwealth, and the protection of property used in connection therewith, and to perform all other duties required pursuant to this Act.

B. The Director shall keep a record of all inspections of mineral mines made by him or his authorized representatives. He shall also keep a permanent record thereof, properly indexed, which record shall at all times be open to inspection by any citizen of the Commonwealth.

§ 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 of a mine inspector plus such specialized knowledge in their field as may be required. Technical specialists shall advise the Director and mine operators in the areas of their specialty. Technical specialists shall have the power of an inspector to issue a closure order only in cases of imminent danger.

Article 3.
Certification of Coal Mine Workers.

§ 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 members shall be appointed by the Governor. One appointed member shall be a miner holding a first class mine foreman's certificate with at least five years of experience in underground coal mining and who is employed at an underground coal mine in the Commonwealth in a nonmanagerial, nonsupervisory capacity at the time of appointment. One appointed member shall be a miner with at least five years of experience in surface coal mining and who is employed at a surface coal mine in the Commonwealth in a nonmanagerial, nonsupervisory capacity at the time of appointment. One appointed member shall be an individual holding a first class mine foreman's certificate with at least five years of experience in the operation of underground coal mines, who is (i) an operator of an underground coal mine, (ii) an officer or director of a corporation operating an underground coal mine, (iii) a general partner of a partnership operating an underground coal mine, or (iv) an employee in a managerial or supervisory capacity of an operator of an underground coal mine in the Commonwealth at the time of appointment. One appointed member shall be an individual with at least five years of experience in the operation of surface coal mines, who is (i) an operator of a surface coal mine, (ii) an officer or director of a corporation operating a surface coal mine, (iii) a general partner of a partnership operating a surface coal mine, or (iv) an employee in a managerial or supervisory capacity of an operator of a surface coal mine in the Commonwealth at the time of appointment. All appointed members shall be residents of the Commonwealth.

B. The terms of office of the appointed members of the Board shall be as follows: one shall be appointed for an initial term of one year; one shall be appointed for an initial term of two years; one shall be appointed for an initial term of three years; and one shall be appointed for an initial term of four years. Thereafter, the members shall be appointed for terms of four years. Vacancies occurring on the Board among appointed members shall be filled by the Governor for the unexpired term.

C. The Chief shall serve as chairman of the Board.

§ 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 times as he deems necessary. The Board shall meet at such place or places and at such times as may be designated by the Chief, and the Board shall remain in session until its work is completed; but no one session of the Board shall continue more than three days. Out of the Coal Mining Examiners' Fund, there shall be paid to each member of the Board, except the Chief who shall serve without extra pay, reimbursement for expenses and compensation as is provided by § 2.1-20.4.

§ 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 issued by the Board.

§ 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 and coal industry interests in the Commonwealth. Nominations are to be made to the Governor by June 1 of the year in which the terms of appointments of members expire. In no case shall the Governor be bound to make any appointment from the nominations submitted.

§ 45.1-161.28. Certification of certain persons employed in coal mines; powers of Board of Coal Mining Examiners.

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 to coal mining require competency, skill or knowledge in order to perform consistently with the health and safety of persons and property. The following certifications shall be issued by the Board, and a person holding such certification shall be authorized to perform the tasks which this Act or any regulation promulgated by the Board or by the Department requires to be performed by such a certified person:

1. First class mine foreman;

2. First class shaft or slope foreman;

3. Surface foreman;

4. Preparation plant foreman;

5. Electrical maintenance foreman;

6. Dock foreman;

7. Top person;

8. Underground shot firer;

9. Surface blaster;

10. Hoisting engineer;

11. Electrical repairman;

12. Automatic elevator operator;

13. Mine inspector;

14. Qualified gas detector;

15. Diesel engine mechanic;

16. Diesel engine mechanic instructor;

17. First aid instructor;

18. Advanced first aid;

19. Chief electrician; and

20. General coal miner.

B. Certification shall also be required for such additional tasks as the Board may require by regulation.

C. The Board shall have the power to promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under this title, which regulations shall be promulgated in accordance with the provisions of Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act.

D. The Board is authorized to promulgate regulations establishing guidelines for on-site examinations of mine foremen conducted by mine inspectors pursuant to § 45.1-161.35.

§ 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 inspector certification. The Board may require such other information from applicants as may be necessary to ascertain competency and qualifications for each task. Except as specifically provided by this Act, the Board shall prescribe the qualifications for any certification. The examinations shall be conducted under such rules, conditions and regulations as the Board shall promulgate. Such rules, when promulgated, shall be made a part of the permanent record of the Board, shall periodically be published and shall be of uniform application to all applicants.

B. Any certificate issued by the Board shall be valid from the date of issuance unless and until it has been suspended pursuant to § 45.1-161.34, or has been revoked by the Board pursuant to § 45.1-161.35.

§ 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 certified. It shall also be unlawful for an operator or his agent to permit any uncertified person to perform such tasks. A violation of this subsection shall constitute a Class 1 misdemeanor. Each day of operation without a required certification shall constitute a separate offense.

B. A certificate issued by the Board of Examiners prior to July 1, 1994, shall be acceptable as a certificate issued by the Board of Coal Mining Examiners until the Board of Coal Mining Examiners shall provide otherwise by appropriate regulations.

§ 45.1-161.31. Examination fees; Coal Mining Examiners' Fund.

A. A fee of ten dollars, in the form of cash, money order or certified check, shall be paid to the Chief by each person examined before the commencement of examination. All such fees collected, together with moneys collected pursuant to §§ 45.1-161.32 and 45.1-161.34, shall be retained by the Department and shall be promptly paid by the Chief into the state treasury and shall constitute the Coal Mining Examiners' Fund. The Fund shall be administered by the Chief for the payment of the compensation and expenses of the Board of Coal Mining Examiners and its members, for which purposes such moneys are hereby appropriated.

B. The cost of printing certificates and other necessary forms and the incidental expenses incurred by the Board in conducting examinations, reviewing examination papers and conducting its other duties pursuant to this article shall also be paid out of the Coal Mining Examiners' Fund. The Chief shall keep accounts and records concerning the receipts and expenditures of the Fund as required by the Auditor of Public Accounts.

§ 45.1-161.32. Replacement of lost or destroyed certificates.

If any certificate issued by the Board of Coal Mining Examiners shall be lost or destroyed, the Chief may supply a copy thereof to the person to whom it was issued, upon the payment of one dollar; provided, it shall be established to the satisfaction of the Board of Coal Mining Examiners that the loss or destruction actually occurred and that the person seeking such copy was the holder of such certificate.

§ 45.1-161.33. Reciprocal acceptances of other certifications.

In lieu of an examination prescribed by law or regulation, the Board of Coal Mining Examiners may issue to any person holding a certificate issued by another state a certificate permitting him to perform similar tasks in this Commonwealth, provided that (i) the Board finds that the requirements for certification in such state are substantially equivalent to those of Virginia and (ii) holders of certificates issued by the Board are permitted to perform similar tasks in such state, and obtain similar certification from such state if required, upon presentation of the certificate issued by the Board and without additional testing, training, or other requirements not directly related to program administration.

§ 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 (i) the content and amount of continuing education to be required for maintaining certification; (ii) guidelines for the content of continuing education programs; (iii) procedures for approving continuing education programs and sponsors; (iv) distribution to holders of certificates of appropriate information regarding continuing education requirements; (v) provisions allowing surplus hours of continuing education to be carried forward from one period to meet the requirements for the next period; (vi) procedures for determining compliance with continuing education requirements; (vii) requirements for a certificate holder to provide the Board with his current address and such further administrative information as may be reasonable; and (viii) the length of time a certificate may be suspended for failure to comply with continuing education requirements before such certificate shall be revoked. The Board may also establish by regulation a fee to recover the reasonable costs of reissuing certificates or otherwise ascertaining that the requirements of this section have been satisfied.

B. A certification issued by the Board of Coal Mining Examiners shall be suspended if the holder fails to comply with the continuing education requirements established by the Board. The suspension shall be vacated upon compliance with the continuing education requirements. However, if the holder of a certificate does not comply with the continuing education requirements within the period of time established by the Board, the certificate shall be revoked.

§ 45.1-161.35. Revocation of certificates.

A. The Board of Coal Mining Examiners may revoke any certificate upon finding that the holder has (i) failed to comply with the continuing education requirements within the period following the suspension of the certificate as provided in § 45.1-161.34; (ii) been intoxicated while in duty status; (iii) neglected his duties; (iv) violated any provision of this Act or any other coal mining law of the Commonwealth; (v) used any controlled substance without the prescription of a licensed physician; or (vi) other sufficient cause. The Board shall also revoke the first class mine foreman certificate of any mine foreman who fails to display a thorough understanding of the roof control plan and ventilation for the area of the mine for which he is responsible for implementing, when examined on-site by a mine inspector in accordance with guidelines promulgated by the Board. In such a case, the Board shall make a determination, based on evidence presented by interested parties, of whether the mine foreman had a thorough knowledge of such plans at the time of his examination by the mine inspector.

B. The Board may act to revoke any certificate upon the presentation of written charges by (i) the Chief or the Director or his designated agent; (ii) the operator of a mine at which such person is employed; or (iii) ten persons employed at the mine at which such person is employed, or, if less than ten persons are employed at the mine, a majority of the employees at the mine. The Board may act on its own initiative to revoke any certificate for grounds set forth in item (i) of subsection A.

C. An affirmative vote of a majority of members of the Board who are qualified to vote shall be required for any action to revoke a certificate.

D. Prior to revoking a certificate, the Board shall give due notice to the holder of the certificate and conduct a hearing. Any hearing shall be conducted in accordance with § 9-6.14:12 unless the parties agree to informal proceedings. The hearing may be conducted by the Board or, in the Board's discretion, by a hearing officer as provided in § 9-6.14:14.1.

E. Any person who has been aggrieved by a decision of the Board shall be entitled to judicial review of such decision. Appeals from such decisions shall be in accordance with Article 4 (§ 9-6.14:15 et seq.) of the Administrative Process Act.

§ 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 have elapsed from the date of revocation of the certificate if he can prove to the satisfaction of the Board that the cause for revocation of his certificate has ceased to exist. However, no person convicted of violating subsection A of § 45.1-161.177 or §§ 45.1-161.178, 45.1-161.232, or § 45.1-161.233 shall be eligible for examination for a period of not less than one year nor more than three years following such conviction, such period to be set by the Board in its discretion at the time of revocation of the certificate.

§ 45.1-161.37. General coal miner certification.

A. Every person commencing work in a coal mine subsequent to January 1, 1996, shall hold a general coal miner certificate issued by the Board of Coal Mining Examiners. Any person who has been employed to work in a coal mine in Virginia prior to that date may, but shall not be required to, hold a general coal miner certificate.

B. Each applicant for a general coal miner certificate shall prove to the Board that he has knowledge of first aid practices and has a general working knowledge of the provisions of this Act, and applicable regulations, pertaining to coal mining health and safety.

§ 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. The operator shall employ as a mine foreman only persons holding a first-class mine foreman certificate. The holder of such a certificate shall present the certificate, or a photostatic copy thereof, to the operator where he is employed, who shall file the certificate or its copy in the office at the mine, and the operator shall make it available for inspection by interested persons.

B. The holder of a first-class mine foreman certificate shall be authorized to act as foreman for all underground coal mines.

C. Applicants for a first-class mine foreman certificate shall be not less than twenty-three years of age and have had at least five years of experience in a coal mine (at least three years shall have been in an underground coal mine). A graduate of an approved four-year college course in mining engineering shall be given credit for three of the five years of practical experience required. If the applicant meets the above requirements, makes eighty-five percent or more on each of the subjects of the written examination, and passes required map and gas examinations, he shall be entitled to a first-class mine foreman certificate. The written examination shall address, among other relevant topics, the theory and practice of coal mining; nature and properties of noxious, poisonous, and explosive gases, and methods for their detection and control; requirements of the coal mining laws of this Commonwealth; and responsibilities and duties of a mine foreman under state law.

D. Each candidate for certification as a first-class mine foreman shall complete the course or courses of instruction in first aid as provided in subsection A of § 45.1-161.101 and pass an examination relating thereto, approved by the Board of Coal Mining Examiners.

§ 45.1-161.39. Surface foreman certification.

Applicants for a surface foreman certificate shall have had at least five years of experience at surface coal mining, and demonstrate to the Board of Coal Mining Examiners a thorough knowledge of the theory and practice of surface coal mining by making eighty-five percent or more on the written examination. In addition, each applicant shall pass the examinations in first aid and gas detection. The holder of a surface foreman certificate issued by the Board shall be authorized to act as surface foreman at any surface coal mine.

§ 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 thorough knowledge of the theory and practice of electricity that pertains to coal mining. In addition, each applicant shall pass the examinations in first aid and gas detection. The holder of a chief electrician certificate issued by the Board shall be authorized to act as chief electrician in any coal mine.

§ 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 thorough knowledge of the theory and practice of shaft and slope mine construction. In addition, each applicant shall pass the examinations in first aid and gas detection. The holder of a top person certificate issued by the Board shall be authorized to act as top person in any coal mine.

Article 4.
Certification of Mineral Mine Workers.

§ 45.1-161.42. Board of Mineral Mining Examiners.

A. There is hereby created the Board of Mineral Mining Examiners, which shall consist of seven members. One member shall be the Director of the Division of Mineral Mining, and six members shall be appointed by the Governor. Two appointed members shall be miners with at least five years experience in surface mineral mining and who are employed at surface mineral mines in the Commonwealth in a nonmanagerial, nonsupervisory capacity at the time of appointment. One appointed member shall be a miner with at least five years of experience in underground mineral mining and who is employed at an underground mineral mine in the Commonwealth in a nonmanagerial, nonsupervisory capacity at the time of appointment. Two appointed members shall be individuals with at least five years of experience in the operation of surface mineral mines, who are (i) operators of a surface mineral mine, (ii) officers or directors of a corporation operating a surface mineral mine, (iii) general partners in a partnership operating a surface mineral mine, or (iv) employees, in a managerial or supervisory capacity, of an operator of a surface mineral mine in the Commonwealth at the time of appointment. One appointed member shall be an individual with at least five years of experience in the operation of an underground mineral mine, who is (i) an operator of an underground mineral mine, (ii) an officer or director of a corporation operating an underground mineral mine, (iii) a general partner in a partnership operating an underground mineral mine, or (iv) an employee, in a managerial or supervisory capacity, of an operator of an underground mineral mine in the Commonwealth at the time of appointment. All appointed members shall be residents of the Commonwealth.

B. The terms of office of the appointed members of the Board shall be as follows: one shall be appointed for an initial term of one year; one shall be appointed for an initial term of two years; two shall be appointed for an initial term of three years; and two shall be appointed for an initial term of four years. Thereafter, the members shall be appointed for terms of four years. Vacancies occurring on the Board among appointed members shall be filled by the Governor for the unexpired term.

C. The Director of the Division of Mineral Mining shall serve as chairman of the Board.

§ 45.1-161.43. 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 Mining to meet at such other times as he deems necessary. The Board shall meet at such place or places as shall be designated by the Director of the Division of Mineral Mining, and the Board shall remain in session until its work is completed; but no one session of the Board shall continue more than three days. Out of the Mineral Mining Examiner's Fund, there shall be paid to each member of the Board, except the Director of the Division of Mineral Mining, who shall serve without extra pay, reimbursement for expenses and compensation as is provided by § 2.1-20.4.

§ 45.1-161.44. 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 Mining Examiners and of all certificates issued by the Board.

§ 45.1-161.45. 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 and mineral industry interests in the Commonwealth and any other person. Nominations are to be made to the Governor by June 1 of the year in which the terms of appointments of members expire. In no case shall the Governor be bound to make any appointment from the nominations submitted.

§ 45.1-161.46. Certification of certain persons employed in mineral mines; powers of Board of Mineral Mining Examiners.

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 to mineral mining require competency, skill or knowledge in order to perform consistently with the health and safety of persons and property. The following certifications shall be issued by the Board, and a person holding such a certification shall be authorized to perform the tasks which this Act or any regulation promulgated by the Board or the Department requires be performed by such a certified person:

1. Surface foreman;

2. Surface foreman open pit;

3. Underground foreman;

4. Surface blaster;

5. Electrical repairman;

6. Underground mining blaster;

7. General mineral miner; and

8. Mine inspector.

B. Certification shall also be required for such additional tasks as the Board may require by regulation.

C. The Board shall have the power to promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under this title, which regulations shall be promulgated in accordance with the provisions of Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act.

§ 45.1-161.47. 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 inspector certification. The Board may require such other information from applicants as may be necessary to ascertain competency and qualifications for each task. Except as provided by this Act for general mineral miner and surface foreman certifications, the Board shall prescribe the qualifications for any certification. The examinations shall be conducted under such rules, conditions and regulations as the Board shall promulgate. Such rules, when promulgated, shall be made a part of the permanent record of the Board, shall periodically be published, and shall be of uniform application to all applicants.

B. Any certificate issued by the Board, except the general mineral miner certification, shall be valid from the date of issuance for a period of five years, unless renewed, or unless revoked by the Board pursuant to § 45.1-161.53. The general mineral miner certification shall be valid from the date of issuance until it may be revoked by the Board pursuant to § 45.1-161.53.

§ 45.1-161.48. 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. It shall be unlawful for an operator or his agent to permit any uncertified person to perform such tasks. A violation of this section shall constitute a Class 1 misdemeanor. Each day of operation without a required certification shall constitute a separate offense. A certificate issued by the Board of Examiners prior to July 1, 1994, shall be acceptable as a certificate issued by the Board of Mineral Mining Examiners until the Board of Mineral Mining Examiners shall provide otherwise by appropriate regulations.

§ 45.1-161.49. Examination fees; Mineral Mining Examiners' Fund.

A. A fee of ten dollars, in the form of cash, money order or certified check, shall be paid to the Director by each person examined, before the commencement of the examination. All such fees collected, together with moneys collected pursuant to §§ 45.1-161.50 and 45.1-161.52, shall be retained by the Department and shall be promptly paid by the Director into the state treasury and shall constitute the Mineral Mining Examiners' Fund. The Fund shall be administered by the Director for the payment of the compensation and expenses of the Board of Mineral Mining Examiners and its members for which purpose such moneys are hereby appropriated.

B. The cost of printing certificates and other necessary forms and the incidental expenses incurred by the Board in conducting examinations, reviewing examination papers, and conducting its other duties pursuant to this article shall also be paid out of the Mineral Mining Examiners' Fund. The Director shall keep accounts and records concerning the receipts and expenditures of the Fund as required by the Auditor of Public Accounts.

§ 45.1-161.50. 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 person to whom it was issued, upon the payment of one dollar; provided it shall be established to the satisfaction of the Board of Mineral Mining Examiners that the loss or destruction actually occurred and the person seeking such copy was the holder of such certificate.

§ 45.1-161.51. 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 by another state a certificate permitting him to perform similar tasks in this Commonwealth, provided that (i) the Board finds that the requirements for certification in such other state are substantially equivalent to those of Virginia and (ii) holders of certificates issued by the Board are permitted to perform similar tasks in such state, and obtain similar certification from such state if required, upon presentation of the certificate issued by the Board and without additional testing, training, or other requirements not directly related to program administration.

§ 45.1-161.52. 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 successfully completing the examination for the renewal of such certificate. The Board shall establish requirements for renewal of a certificate in accordance with the procedure set forth in subsection A of § 45.1-161.47. The Board shall notify a certificate holder at least 180 days prior to the expiration of the certificate. Any certificate requiring renewal which is not renewed by the fifth anniversary of its issuance, or previous renewal, shall be invalid. As a condition to renewal, the holder shall provide the Board with such administrative information as is reasonably required by the Board, and shall pay the examination fee as provided in § 45.1-161.49.

§ 45.1-161.53. 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) neglected his duties; (iii) violated any provision of this Act or any other mineral mining law of the Commonwealth; (iv) used any controlled substance without the prescription of a licensed physician; or (v) other sufficient cause.

B. The Board may act to revoke any certificate upon the presentation of written charges by (i) the Director of the Division of Mineral Mining or any other employee of the Department; (ii) the operator of a mine at which such person is employed; or (iii) ten persons employed at the mine at which such person is employed, or, if less than ten persons are employed at the mine, a majority of the employees of the mine.

C. An affirmative vote of a majority of members of the Board who are qualified to vote shall be required for any action to revoke a certificate.

D. Prior to revoking a certificate, the Board shall give due notice to the holder of the certificate and conduct a hearing. Any hearing shall be conducted in accordance with § 9-6.14:12 unless the parties agree to informal proceedings. The hearing may be conducted by the Board or, in the Board's discretion, by a hearing officer as provided in § 9-6.14:14.1.

E. Any person who has been aggrieved by a decision of the Board shall be entitled to judicial review of such decision. Appeals from such decisions shall be in accordance with Article 4 (§ 9-6.14:15 et seq.) of the Administrative Process Act.

§ 45.1-161.54. Reexamination.

The holder of a certificate revoked pursuant to § 45.1-161.53 shall be entitled to examination by the Board of Mineral Mining Examiners after three months has elapsed from the date of revocation of the certificate if he can prove to the satisfaction of the Board that the cause for revocation of his certificate has ceased to exist.

§ 45.1-161.55. General mineral miner certification.

A. Every person commencing work in a mineral mine subsequent to January 1, 1996, shall hold a general mineral miner certificate issued by the Board of Mineral Mining Examiners. Any person who has been employed to work in a mineral mine in Virginia prior to that date may, but shall not be required to, hold a general mineral miner certificate.

B. Each applicant for a general mineral miner certificate shall prove to the Board that he has knowledge of first aid practices and has a general working knowledge of the provisions of this Act, and applicable regulations, pertaining to mineral mining health and safety.

§ 45.1-161.56. Surface foreman certification.

A. The operator of any mineral mine where three or more persons work during any part of a twenty-four-hour period shall employ a mine foreman. The operator shall employ as a mine foreman only persons holding a surface foreman certificate. The holder of such a certificate shall present the certificate, or a photostatic copy thereof, to the operator where he is employed, who shall file the certificate or its copy in the office at the mine, and the operator shall make it available for inspection by interested persons.

B. Applicants for a surface foreman certificate shall have had at least five years of experience at surface mineral mining or other appropriate experience, and demonstrate to the Board of Mineral Mining Examiners a thorough knowledge of the theory and practice of surface mineral mining by making eighty-five percent or more on the written examination. In addition, each applicant shall pass an examination in first aid approved by the Board. The holder of a surface foreman certificate issued by the Board shall be authorized to act as surface foreman at any surface mineral mine, except as may be provided by the Board with respect to the surface foreman open pit certification.

Article 5.
Licensing of Mines.

§ 45.1-161.57. License required for operation of mines; term.

A. No person shall engage in the operation of any mine within this Commonwealth without first obtaining a license from the Department. A license shall be required prior to commencement of the operation of a mine. A separate license shall be secured for each mine operated. Licenses shall be in such form as the Director may prescribe. The license shall be posted in a conspicuous place near the main entrance to the mine. The license shall not be transferable and every change in ownership of a mine shall be reported to the Department as provided in subsection B of § 45.1-161.62.

B. Licenses for coal mines shall be valid for a period of no more than one year following the date of issuance; however, all licenses shall be renewed each year during the forty-five-day period following each January 1. Licenses for mineral mines shall be valid for a period of one year following the date of issuance and shall be renewed on their anniversary date.

§ 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 the State Treasurer, in the amount of seventy-five dollars. However, any person engaged in mining sand or gravel on an area of five acres or less shall be required to pay a fee of twenty dollars. All such fees collected shall be retained by the Department and paid into the state treasury and shall constitute a fund under the control of the Director. Expenditures from this fund may be made by the Department for safety equipment, safety training, safety education or for any expenditure to further the safety program in the mining industry. All expenditures from this fund must be approved by the Director.

§ 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 or a renewal thereof shall be complete unless it contains the following:

1. Identity regarding the operator of the mine. If the operator is a sole proprietorship, the operator shall state: (i) his full name and address; (ii) the name and address of the mine and its federal mine identification number; (iii) the name and address of the person at the mine with overall responsibility for operating decisions; (iv) the name and address of the person with overall responsibility for health and safety at the mine; (v) the federal mine identification numbers of all other mines in which the sole proprietor has a twenty percent or greater ownership interest; and (vi) the trade name, if any, and the full name, address of record and telephone number of the proprietorship. If the operator is a partnership, the operator shall state: (i) the name and address of the mine and its federal mine identification number; (ii) the name and address of the person at the mine with overall responsibility for operating decisions; (iii) the name and address of the person with overall responsibility for health and safety at the mine; (iv) the federal mine identification numbers of all other mines in which the partnership has a twenty percent or greater ownership interest; (v) the full name and address of all partners; (vi) the trade name, if any, and the full name and address of record and telephone number of the partnership; and (vii) the federal mine identification numbers of all other mines in which any partner has a twenty percent or greater ownership interest. If the operator is a corporation, the operator shall state: (i) the name and address of the mine and its federal mine identification number; (ii) the name and address of the person at the mine with overall responsibility for operating decisions; (iii) the name and address of the person with overall responsibility for health and safety at the mine; (iv) the federal mine identification numbers of all other mines in which the corporation has a twenty percent or greater ownership interest; (v) the full name, address of record and telephone number of the corporation and the state of incorporation; (vi) the full name and address of each officer and director of the corporation; (vii) if the corporation is a subsidiary corporation, the operator shall state the full name, address, and state of incorporation of the parent corporation; and (viii) the federal mine identification numbers of all other mines in which any corporate officer has a twenty percent or greater ownership interest. If the operator is any organization other than a sole proprietorship, partnership, or corporation, the operator shall state: (i) the nature and type, or legal identity of the organization; (ii) the name and address of the mine and its federal mine identification number; (iii) the name and address of the person at the mine with overall responsibility for operating decisions; (iv) the name and address of the person with overall responsibility for health and safety at the mine; (v) the federal mine identification numbers of all other mines in which the organization has a twenty percent or greater ownership interest; (vi) the full name, address of record and telephone number of the organization; (vii) the name and address of each individual who has an ownership interest in the organization; (viii) the name and address of the principal organization officials or members; and (ix) the federal mine identification numbers of all other mines in which any official or member has a twenty percent or greater ownership interest;

2. The names and addresses of any agent of the operator with responsibility for the business operation of the mine, and any person with an ownership or leasehold interest in the coal or minerals to be mined;

3. The names and addresses of persons to be contacted in the event of an accident or other emergency at the mine;

4. Such information required by the Department that is relevant to an assessment of the safety and health risks likely to be associated with the operation of the mine;

5. For any coal mine license renewal, (i) an affidavit, certified by the commissioner of revenue of the locality in which the coal mining operations are conducted, stating that all local coal severance taxes enacted pursuant to §§ 58.1-3703, 58.1-3712 and 58.1-3713 due with respect to the coal mining operations have been paid, and (ii) an affidavit, certified by the treasurer of the locality in which the coal mining operations are conducted, stating that all personal property, real estate and mineral land taxes due with respect to the coal mining operations have been paid;

6. The mine map required pursuant to § 45.1-161.64, provided that the Chief or Director may issue or renew the license without the submission of the mine map, if in his opinion, an extension of time for submitting such map should be granted; and

7. For any license renewal, the annual report required pursuant to § 45.1-161.62.

B. The application shall be certified as being complete and accurate by the applicant, if an individual, by the agent of a corporate applicant, or by a general partner of an applicant that is a partnership. The application shall be submitted on forms furnished or approved by the Department.

C. Within thirty days after the occurrence of any change in the information required by subsection A, the operator shall notify the Department, in writing, of such change.

§ 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, and the Director may deny an application for, or revoke a license for the operation of, a mineral mine, upon determining that the applicant, the operator, or his agent has committed violations of the mine safety laws of the Commonwealth which demonstrate a pattern of willful violations resulting in an imminent danger to miners.

B. The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine, and the Director may revoke every license issued to any person for the operation of a mineral mine and may deny every application by a person for the issuance of a license for the operation of a mineral mine, who has been convicted of knowingly permitting a miner to work in an underground coal mine where a methane monitor or other device capable of detecting the presence of explosive gases was impaired, disturbed, disconnected, bypassed, or otherwise tampered with in violation of § 45.1-161.233.

C. The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine, and the Director may revoke every license issued to any person for the operation of a mineral mine and may deny every application by a person for the issuance of a license for the operation of a mineral mine, who has been convicted of violating subsection A of § 45.1-161.177 or § 45.1-161.178.

D. Any person whose license is denied or revoked pursuant to subsection A, B, or C may bring a civil action in the circuit court of the city or county in which the mine is located for review of the decision. The commencement of such a proceeding shall not, unless specifically ordered by the court, operate as a stay of the decision. The court shall promptly hear and determine the matters raised by the aggrieved party. In any such action the court shall receive the records of the Department with respect to the determination, and shall receive additional evidence at the request of any party. The court, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines appropriate.

§ 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 any coal mine which is operating without a license. The procedure for issuing a closure order shall be as provided in § 45.1-161.91.

B. In addition to any other power conferred by law, the Director, or his designated representative, shall have the authority to issue an order closing any mineral mine which is operating without a license. The procedure for issuing a closure order shall be as provided in § 45.1-161.91.

C. Any person operating an unlicensed mine shall, upon conviction, be guilty of a Class 3 misdemeanor. Each day any person operates an unlicensed mine shall constitute a separate offense.

§ 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 twelve months, ending with December 31. Such report shall state: (i) the names of the operator, any agent, and their officers, of the mine; (ii) the quantity of coal or minerals mined; and (iii) such other information, not of a private nature, as may from time to time be required by the Department on blank forms furnished or approved by the Department.

B. Whenever the owner of a mine shall transfer the ownership of such mine to another person, the person transferring such ownership shall submit a report to the Department of such change and a statement of the tons of coal or minerals produced since the January 1 previous to the date of such sale or transfer of such mine. A license will not be issued covering such transfer of ownership until the report is furnished.

§ 45.1-161.63. Notices to Department; resumption of mining following discontinuance.

A. The operator or his agent shall send notice of intent to abandon or discontinue the working of an underground mine for a period of thirty days or a surface mine for a period of sixty days to the Department at least ten days prior to discontinuing the working of a mine with such intent, or at any time a mine becomes an inactive mine.

B. The operator, or his agent, shall send to the Department ten days' prior notice of intent to resume the working of an inactive mine. Except for a surface mineral mine which is inspected by the Mine Safety and Health Administration, the working of such mine shall not resume until a mine inspector has inspected the mine and approved it.

C. Emergency actions necessary to preserve a mine may be undertaken without the prior notice of intent and advance inspection required by subsection B. In such event, a mine foreman shall examine a mine for dangerous conditions immediately before miners are permitted to work. The operator, or his agent, shall notify the Department as soon as possible after commencing emergency action necessary to preserve the mine.

D. The operator, or his agent, shall send to the Department ten days' prior notice of any change in the name of a mine or in the name of the operation of a mine.

E. The operator, or his agent, shall send to the Department ten days' prior notice of the opening of a new mine.

F. Any notice required by this section shall be in writing and shall include the name of the mine, the location of the mine, the name of the operator, and the operator's mailing address.

§ 45.1-161.64. Maps of mines required to be made; contents; extension and preservation; use by Department; release; posting of map.

A. The operator of a mine, or his agent, shall make, or cause to be made, unless already made and filed, an accurate map of such mine, on a scale to be stated thereon of 100 to 400 feet to the inch. Such map shall show the openings or excavations, the shafts, slopes, entries and airways, with darts or arrows showing direction of air currents, headings, rooms, pillars and other relevant information, and such portions of such mine or mines as may have been abandoned, the general inclination of the coal or mineral strata, and so much of the property lines and the outcrop of the coal or mineral of the tract of land on which the mine is located, as may be within 1,000 feet of any part of the workings of such mine.

B. The operator of any surface coal mine, or his agent, shall not be required to submit a map of such mine to the Department as a condition for obtaining a mine license unless the mine may intersect (i) underground workings or (ii) workings of auger, thin seam, or highwall mining. The operator of other mines, or his agent, shall deliver a true copy of the mine map to the Department. The map shall be filed and preserved among the records of the Department and made available at a reasonable cost to all persons owning, leasing, or residing on or having an equitable interest in surface areas or mineral interests within 1,000 feet of such mining operation upon written proof satisfactory to the Director and upon sworn affidavit that such person requesting a map has a proper legal or equitable interest; however, the Director shall provide to the person requesting a map only that portion of the map which abuts or is contiguous to the property in which such requesting party has a legal or equitable interest. In no case shall any copy of the same be made for any other person without the consent of the operator or his agent. The Director shall promptly deliver notice of such request to the operator of such mining operation.

C. The original map, or a true copy thereof, shall be kept by such operator at the mine, open at all reasonable times for the examination and use of the mine inspector. Such operator shall twice within every twelve months, between December 1 and February 1, and between June 1 and August 1 of each year, while the mine is in operation, cause such mine to be surveyed and the map thereof extended so as to accurately show the progress of the workings, the property lines and outcrop as before described, and shall forward the same to the Department, to be kept on record, subject to the conditions stated herein. The Department shall assign a Mine Index number to the mine. The operator shall show such Mine Index number on the map at or near the portal.

D. Such maps may be used by the Department for the evaluation of the coal resources of the Commonwealth.

E. Copies of such maps shall be made available at a reasonable cost to the governing body of any county, city or town in which the mine is located upon written request; however, such copies shall be provided on the condition that they not be released to any person who does not have a legal or equitable interest in surface areas or mineral interests within 1,000 feet of the mining operation without the written consent of the operator or his agent. The governing body shall promptly deliver notice of any request for a copy of such a map to the operator or his agent.

F. At underground coal mines, an accurate map of the mine showing clearly all avenues of ingress and egress in case of fire shall be posted in a place accessible to all miners.

§ 45.1-161.65. When the Chief or Director 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 or Director a copy of any map or extension thereof, as provided in § 45.1-161.64, the Chief or Director is authorized to cause a correct survey and map of said mine, or extension thereof, to be made at the expense of the operator of such mine, the cost of which shall be recovered from the operator as other debts are recoverable by a civil action at law. If at any time the Chief or Director has reason to believe that such map, or extensions thereof, furnished pursuant to § 45.1-161.64 is substantially incorrect, or will not serve the purpose for which it is intended, he may have a survey and map or extension thereof made, or corrected. The expense of making such survey and map or extension thereof shall be paid by the operator. The expense shall be recovered from the operator as other debts are recoverable by a civil action at law. However, if the map filed by the operator is found to be substantially correct, the expense shall be paid by the Commonwealth.

§ 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 to fail to correctly show, within the limits of error, the data required.

B. It shall be unlawful for any person charged with the making of maps or other data to be furnished as provided in this Act to knowingly make any false statement or return in connection therewith.

C. A violation of this section is a misdemeanor, and a person convicted of violating this section shall be fined not less than $50 nor more than $200.

Article 6.
Rescue Crews; Rescue Teams.

§ 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 may determine necessary for the adequate provision of mine rescue and recovery services at all mines in the Commonwealth.

§ 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 mine rescue crews as he may determine necessary. Each member of a mine rescue crew shall devote four hours each month for training purposes and shall be available at all times to assist in rescue work. Regular crew members shall receive for such services the sum of thirty-two dollars per month and captains of such crews shall receive for such services the sum of thirty-six dollars per month. For the purposes of workers' compensation coverage during training periods, such crew members shall be deemed to be within the scope of their regular employment. The Director shall certify to the Comptroller of the Commonwealth that such crew members have performed the required service. Upon such certification the Comptroller shall issue a warrant upon the state treasury for their compensation. The Director may remove any crew member at any time.

§ 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 or such other persons who have a certificate of training from the Department or the Mine Safety and Health Administration.

§ 45.1-161.70. Qualification for crew membership; direction of crews.

A. To qualify for membership in mine reserve crews an applicant shall (i) be an experienced miner, (ii) be not more than fifty years of age, and (iii) pass a physical examination by a licensed physician at least annually. A record that such examination was taken shall be kept on file by the operator who employs the crew members and a copy shall be furnished to the Director.

B. All rescue or recovery work performed by these crews shall be under the jurisdiction of the Department. The Department shall consult with company officials, representatives of the Mine Safety and Health Administration and representatives of the miners, and all should be in agreement as far as possible on the proper procedure for rescue and recovery; however, the Chief in his discretion may take full responsibility in directing such work. In all instances, procedures shall be guided by the mine rescue apparatus and auxiliary equipment manuals.

§ 45.1-161.71. Crew members to be considered employees of the mine where emergency exists; compensation; workers' compensation.

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 period of their work, employees of the mine where the emergency exists and shall be compensated by the operator at the rate established in the area for such work. In no event shall this rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all crew members shall be deemed to be within the employment of the operator of the mine for the purpose of workers' compensation coverage.

§ 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 the operator or his agent in charge.

B. Each mine rescue crew performing rescue or recovery work with breathing apparatus shall be provided with a backup crew of equal strength, stationed at each fresh air base.

C. For every two crews performing work underground, one six-member crew shall be stationed at the mine portal.

D. Two-way communication, life lines or their equivalent shall be provided by the fresh air base to all crews and no crew member shall be permitted to advance beyond such communication system.

E. A mine rescue crew shall immediately return to the fresh air base should any crew member's breathing apparatus malfunction or the atmospheric pressure of any apparatus deplete to sixty atmospheres.

F. The Director may also assign rescue and recovery work to inspectors, instructors or other qualified employees of the Department as the Director may determine desirable.

§ 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 "state-designated mine rescue teams." Any team which is certified as a mine rescue team by the Mine Safety and Health Administration under 30 CFR Part 49 shall be eligible to be a state-designated team. Following the designation of any such teams, the Director shall, upon the payment of an annual rescue fee of $1,000 by an operator to the Department, assign two or more state-designated teams to the operator. An operator who has paid the rescue fee shall be entitled to the rescue services of a state-designated rescue team at no additional charge.

§ 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 provisions of § 45.1-161.73 shall be paid into the Mine Rescue Fund. On July 1 of each year, or as soon thereafter as sufficient moneys are in the Mine Rescue Fund as are needed for this purpose, ten percent of the Fund shall be transferred from the Fund to the Department for purposes of administering the state-designated mine rescue team program. On an annual basis, funds in excess of the sum which is transferred for administrative purposes shall be divided equally among all state-designated mine rescue teams. No moneys in the Mine Rescue Fund shall revert to the general fund.

§ 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) ensure that all rescue stations are adequately equipped, and (iii) ensure that all team members are adequately trained.

B. The Director shall designate an employee of the Department as the Mine Rescue Coordinator, who shall perform the duties assigned to him by the Director.

§ 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 to under the provisions of this article, members of the state-designated team shall be deemed to be within the employment of the operator of the mine at which the disaster occurred.

B. Any member of a state-designated team engaging in rescue work at a mine shall not be liable for civil damages for acts or omissions resulting from the rendering of such rescue work unless the act or omission was the result of gross negligence or willful misconduct.

C. Any operator providing personnel to a state-designated mine rescue team to engage in rescue work at a mine not owned or operated by the operator shall not be liable for any civil damages for acts or omissions resulting from the rendering of such rescue work.

Article 7.
Mine Explosions; Mine Fires; Accidents.

§ 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 the mine shall be made available for rescue and recovery operations and fire fighting.

B. No work other than rescue and recovery work and fire fighting may be attempted or started until and unless it is authorized by the Department.

C. If an explosion occurs in an underground mine, the fan shall not be reversed except by authority of the officials in charge of rescue and recovery work, and then only after a study of the effect of reversing the fan on any persons who may have survived the explosion and are still underground.

D. The Department shall make available all the facilities at its disposal in effecting rescue and recovery work. The Chief or Director shall act as consultant, or take personal charge, where in his opinion the circumstances of any mine explosion, fire or other accident warrant.

E. The orders of the official in charge of rescue and recovery work shall be respected and obeyed by all persons engaged in rescue and recovery work.

F. The Chief shall maintain an up-to-date rescue and recovery plan for prompt and adequate employment at any coal mine in the Commonwealth, and the Director shall do the same with respect to mineral mines. All employees of the Department shall be kept fully informed and trained in their respective duties in executing rescue and recovery plans. The Department's plans shall be published annually and furnished to all operators of mines. Changes in the plan shall be published promptly when made and furnished to all operators of mines.

§ 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 involving serious personal injury or death to any person or persons, whether employed in the mine or not. The scene of the accident shall not be disturbed pending an investigation, except to prevent suspension of use of a slope, entry or facility vital to the operation of a section or a mine. In cases where reasonable doubt exists as to whether to leave the scene unchanged, the operator will secure prior approval from the Department before any changes are made.

B. The Chief will go personally or dispatch one or more mine inspectors to the scene of such a coal mine accident, investigate causes, and issue such orders as may be needed to ensure safety of other persons. The Director will go personally or dispatch one or more mine inspectors to the scene of such a mineral mine accident, investigate causes, and issue such orders as may be needed to ensure safety of other persons.

C. Representatives of the operator will render such assistance as may be needed and act in a consulting capacity in the investigation. An employee if so designated by the employees of the mine will be notified, and as many as three employees if so designated as representatives of the employees may be present at the investigation in a consulting capacity.

D. The Department will render a complete report of circumstances and causes of each accident investigated, and make recommendations for the prevention of similar accidents. The Department will furnish one copy of the report to the operator, and one copy to the employee representative when he has been present at the investigation. The Chief will maintain a complete file of all accident reports for coal mines, and the Director will maintain a complete file of all accident reports for mineral mines. Each shall give such further publicity as may be ordered by the Director in an effort to prevent mine accidents.

§ 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 shall keep on file a report of each accident including any accident which does not result in a lost-time injury. Copies of such report shall be given to the person injured or to his designated representative to review the accident report and verify its accuracy prior to filing such report for the review of state or federal mine inspectors.

§ 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 or death to his supervisor;

2. Proceed immediately to the scene of any accident at any mine under his jurisdiction that results in loss of life or serious personal injury, and to the scene of any mine fire or explosion regardless of whether there is loss of life or personal injury. He shall make such investigation and suggestions and render such assistance as he deems necessary for the future safety of the employees, and make a complete report to his supervisor as soon as practicable. He shall have the power to compel the attendance of witnesses, and to administer oaths or affirmations. The cost of the investigation shall be paid by the county in which the accident occurred; and

3. Take charge of mine rescue and recovery operations whenever a mine fire, mine explosion, or other serious accident occurs, and shall supervise the reopening of all mines or sections thereof that have been sealed or abandoned on account of fire or any other cause.

Article 8.
Mine Inspections.

§ 45.1-161.81. Frequency of mine inspections.

A. 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 not less frequently than once per year. Additional inspections of coal mines shall be made when deemed appropriate by the Chief based on an evaluation of risks at each mine, or if requested by miners employed at a mine or the operator of a mine.

B. The Director shall conduct a complete inspection of every underground mineral mine not less frequently than every 180 days, and of those surface mineral mines which are not inspected by the Mine Safety and Health Administration not less frequently than once per year. Additional inspections of such mineral mines shall be made when deemed appropriate by the Director based on an evaluation of risks at the mines, or if requested by miners employed at a mine or the operator of a mine.

C. The Director shall not conduct inspections of surface mineral mines which are inspected by the Mine Safety and Health Administration; however, mine inspectors and other employees of the Department may enter such mines in order to (i) respond to complaints of violation of this Act, (ii) respond to and investigate any serious personal injury or fatality, and (iii) with the consent of the operator, conduct training programs.

D. The Director shall determine whether a surface mineral mine is inspected by the Mine Safety and Health Administration. The Director shall make such determination based on information provided by the Mine Safety and Health Administration and Department records. The Director shall request representatives of the Mine Safety and Health Administration to serve with Department personnel on a joint committee of cooperation. The committee shall include the Director of the Division of Mineral Mining and such additional Division employees as the Director shall designate. The committee shall meet not less than twice annually at the call of the Director for the purpose of facilitating communication and resolving discrepancies regarding the inspection responsibilities of the state and federal agencies with respect to surface mineral mines in the Commonwealth.

§ 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 of scheduling such inspections based on an assessment, to be made not less frequently than annually, of the comparative risks at each underground and surface coal mine, each underground mineral mine, and those surface mineral mines which are not inspected by the Mine Safety and Health Administration. The Department's procedural policy shall be prepared with the assistance of working groups consisting of persons knowledgeable in mine safety issues. The issuance of the procedural policy shall be exempt from Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act. Variables to be included in the risk assessment measures shall include, but not be limited to: (i) fatality and serious accident rates at the mine; (ii) the rates of issuance of closure orders and notices of violations of the mine safety laws of the Commonwealth at the mine; and (iii) the frequency rates for nonserious accidents or nonfatal days lost.

B. The Chief shall schedule additional inspections at underground and surface coal mines based on the rating assigned to a mine reflecting the assessment of its risks compared to other such mines. The Director shall schedule additional inspections at underground mineral mines, and at surface mineral mines which are not inspected by the Mine Safety and Health Administration, based on the rating assigned to a mine reflecting the assessment of its risks compared to other such mines in the Commonwealth.

§ 45.1-161.83. Review of inspection reports and records.

Prior to commencing an inspection of a coal mine or underground mineral mine, a mine inspector shall review the most recent available report of inspection by the Mine Safety and Health Administration. Prior to commencing any inspection of a mine, a mine inspector shall comprehensively review the records of pre-shift examinations, on-shift exams, daily inspections, weekly examinations, and other records relating to safety and health conditions in the mine which are required to be maintained pursuant to this Act, for the thirty-day period preceding the inspection. The mine inspector may, but shall not be required to, review the records for such additional period as he may deem prudent.

§ 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 information reported to or otherwise obtained by the Chief or the Director or his authorized representative in connection with any inspection or proceeding under this title which contains or might reveal a trade secret referred to in § 1905 of Title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to the Chief or the Director or his authorized representative concerned with carrying out any provisions of this title or any proceeding hereunder. In any such proceeding, the court, the Chief or the Director shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

§ 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 reduce their chronological proximity to inspections conducted by the Mine Safety and Health Administration. To this end, the Chief and the Director shall endeavor to coordinate the timing of inspections with Mine Safety and Health Administration personnel.

B. The Chief, Director and mine inspectors, to the extent deemed reasonable and prudent, shall schedule mine inspections to commence at a variety of hours of the day and days of the week, including evening and night shifts, weekends, and holidays.

§ 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 conducting an inspection or any office at the site where maps or records relating to the mine are located, pursuant to this Act.

§ 45.1-161.87. Duties of operator.

A. The operator, or his agent, of every mine shall furnish the Chief or Director, as applicable, and mine inspectors proper facilities for entering such mine and making examinations or obtaining information and shall furnish any data or information not of a confidential nature requested by such inspector.

B. The operator of an underground mine, or his agent, shall provide a mine inspector adequate means for transportation to the active working areas of the mine within a reasonable time following the mine inspector's arrival at the mine.

C. The operator or his agent shall, when ordered to do so by a mine inspector during the course of his inspection, promptly clear the mine or section thereof of all persons.

§ 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 workings; all active haulage ways and travel ways; entrances to abandoned areas; accessible inactive areas; at least one entry of each intake and return airway in its entirety; escapeways and other places where miners work or travel or where dangerous conditions may exist; electric installations and equipment; haulage facilities; first-aid equipment; ventilation facilities; communication installations; roof and rib conditions; roof-support practices; blasting practices; haulage practices and equipment; and any other condition, practice or equipment pertaining to the health and safety of the miners. The mine inspector shall make tests for the quantity of air flows, and for gas and oxygen deficiency, in each place which he is required to inspect in an underground mine. In mines operating more than one shift in a twenty-four-hour period, the mine inspector shall devote sufficient time on the second and third shifts to determine conditions and practices relating to the health and safety of the miners. For an inactive mine, the mine inspector shall inspect all areas of the mine where persons may work or travel during the period the mine is an inactive mine.

B. The inspector shall make a personal examination of the interior of the mine, and of the outside of the mine where any danger may exist to the miners.

§ 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 inspection, the condition in which the mine is found, a statement regarding any violations of this Act discovered during the inspection, the progress made in the improvement of the mine as such progress relates to health and safety, the number of accidents and injuries occurring in and about the mine since the previous inspection, and all other facts and information of public interest concerning the condition of the mine as may be useful and proper.

B. The mine inspector shall deliver one copy of the certificate of inspection to the operator, agent or mine foreman, and one copy to the employees' safety committee where applicable; and shall post one copy at a prominent place on the premises where it can be read conveniently by the miners.

C. With respect to coal mines and underground mineral mines, the mine inspector shall deliver one copy of the certificate of inspection to the appropriate office of the Mine Safety and Health Administration.

Article 9.
Enforcement and Penalties; Reports of Violations.

§ 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 with reasonable promptness issue a notice of violation to the person who is responsible for the violation. Each notice of violation shall be in writing and shall describe with particularity the nature of the violation or violations, including a reference to the provision of this Act or the appropriate regulations violated, and shall include an order of abatement and fix a reasonable time for abatement of the violation.

B. A copy of the notice of violation shall be delivered to the operator, his agent, or mine foreman.

C. Upon a finding by the mine inspector of completion of the action required to abate the violation, the Director, the Chief, or the mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection B.

D. The notice of violation shall be deemed to be the final order of the Department and not subject to review by any court or agency unless, within twenty days following its issuance, the person to whom the notice of violation has been issued appeals its issuance by notifying the Department in writing that he intends to contest its issuance. The Department shall conduct informal conference or consultation proceedings, presided over by the Chief if the violation pertains to coal mining or by the Director if the violation pertains to mineral mining, pursuant to § 9-6.14:11, unless the person and the Department agree to waive such a conference or proceeding to go directly to a formal hearing. If such a conference or proceeding has been waived, or if it has failed to dispose of the case by consent, the Department shall conduct a formal hearing pursuant to § 9-6.14:12. The formal hearing shall be presided over by a hearing officer pursuant to § 9-6.14:14.1, who shall recommend findings and an initial decision, which shall be subject to review and approval by the Director. Any party aggrieved by and claiming unlawfulness of the decision shall be entitled to judicial review pursuant to Article 4 (§ 9-6.14:15 et seq.) of the Administrative Process Act.

E. If it shall be finally determined that a notice of violation was not issued in accordance with the provisions of this Act, the notice of violation shall be vacated, and the improperly issued notice of violation shall not be used to the detriment of the person or the operator to whom it was issued.

§ 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 equipment removed from use, and refusing further entry into the mine of all persons except those necessary to correct or eliminate a dangerous condition, when (i) a violation of this Act has occurred, which creates an imminent danger to the life or health of persons in the mine; (ii) a mine fire, mine explosion, or other serious accident has occurred at the mine, as may be necessary to preserve the scene of such accident during the investigation of the accident; (iii) a mine is operating without a license, as provided by § 45.1-161.57; or (iv) an operator to whom a notice of violation was issued has failed to abate the violation cited therein within the time period provided in such notice for its abatement; however, a closure order shall not be issued for failure to abate a violation during the pendency of an administrative appeal of the issuance of the notice of violation as provided in subsection D of § 45.1-161.90. In addition, a technical specialist may issue a closure order upon discovering a violation creating an imminent danger.

B. One copy of the closure order shall be delivered to the operator of the mine or his agent or the mine foreman.

C. Upon a finding by the mine inspector of abatement of the violation creating the dangerous condition pursuant to which a closure order has been issued as provided in clause (i) of subsection A, or cessation of the need to preserve an accident scene as provided in clause (ii) of subsection A, or the issuance of a license for the mine if the closure order was issued as provided in clause (iii) of subsection A, or abatement of the violation for which the notice of violation was issued as provided in clause (iv) of subsection A, the Director, the Chief, or mine inspector shall issue a notice of correction, copies of which shall be delivered as provided in subsection B.

D. The issuance of a closure order shall constitute a final order of the Department, and the owner or operator of the mine shall not be entitled to administrative review of such decision. The owner or operator of any mine or part thereof for which a closure order has been issued may, within ten days following the issuance of the order, bring a civil action in the circuit court of the city or county in which the mine, or the greater portion thereof, is located for review of the decision. The commencement of such a proceeding shall not, unless specifically ordered by the court, operate as a stay of the closure order. The court shall promptly hear and determine the matters raised by the owner or operator. In any such action the court shall receive the records of the Department with respect to the issuance of the order, and shall receive additional evidence at the request of any party. In any proceeding under this section, the Attorney General or the Commonwealth's attorney for the jurisdiction where the mine is located, upon the request of the Director, shall represent the Department. The court shall vacate the closure order if the preponderance of the evidence establishes that the order was not issued in accordance with the provisions of this Act.

E. If it shall be finally determined that a closure order was not issued in accordance with the provisions of this Act, the closure order shall be vacated, and the improperly issued closure order shall not be used to the detriment of the owner or operator of the mine for which it was issued.

§ 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 of the Department is issued, if an administrative appeal of its issuance is pursued, or until the final order of the circuit court is rendered, if an appeal of its issuance is taken to circuit court, provided that the appeal was undertaken in good faith and not solely for delay or avoidance of penalties.

§ 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 any appropriate circuit court to obey same and to comply therewith by injunction or other appropriate relief.

B. Any person failing to abate any violation of this Act which has been cited in a notice of violation within the time period provided in such notice for its abatement may be compelled in a proceeding instituted by the Director in any appropriate circuit court to abate such violation as provided in such notice, and to cease the operation of the mine at which such violation exists until the violation has been abated, by injunction or other appropriate remedy.

C. The Director may file a bill of complaint with any appropriate circuit court asking the court to temporarily or permanently enjoin a person from operating a mine or mines in the Commonwealth, to be granted upon finding by a preponderance of the evidence that (i) a history of noncompliance at the mine or mines operated by the person demonstrates that he is not able or willing to operate a mine in compliance with the provisions of this Act or (ii) a history of the issuance of closure orders for the mine or mines operated by the person demonstrates that he is not able or willing to operate a mine in compliance with the provisions of this Act.

§ 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, shall be guilty of a Class 1 misdemeanor.

§ 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 this Act or on his own initiative to cause proceedings to be prosecuted in such cases.

B. If the attorney for the Commonwealth declines to cause proceedings to be prosecuted in such cases, the Director or the Chief may request the Attorney General to institute proceedings for any violation of the Act on behalf of the Commonwealth; however, such action shall not preclude the Director or the Chief from pursuing other applicable statutory procedures. Upon receiving such a request from the Director or the Chief, the Attorney General shall have the authority to institute actions and proceedings for violations described in the request.

§ 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 or other papers in any action authorized by this article.

§ 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 Department, in person, in writing, or by telephone call, at the mine, at an office of the Department or at the mine inspector's residence.

B. The operator of every mine, or his agent, shall deliver a copy of this Act to every miner upon the commencement of his employment at the mine, unless the miner is already in possession of a copy.

C. The operator of every mine, or his agent, shall display on a sign placed at the mine office, at the bath house, and on a bulletin board at the mine site, a notice containing the office and home telephone numbers of mine inspectors and other Department personnel, and office addresses, which may be used to report any violation of this Act.

D. The Department shall keep a record, on a form prepared for such purpose, of every alleged violation of this Act which is reported and the results of any investigation. The Department shall give a copy of the complaint form, with the identity of the person making the report being omitted or deleted, to the operator of the mine or his agent. The Department shall not disclose the identity of any person who reports an alleged violation to the owner or operator of the mine or his agent, or to any other person or entity. Information regarding the identity of the person reporting the violation shall be excluded from access under the provisions of the Virginia Freedom of Information Act (§ 2.1-340 et seq.).

Article 10.
Virginia Coal Mine Safety Board.

§ 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 the Governor, subject to the confirmation of the General Assembly, as follows: three shall be appointed from a list of individuals nominated by the Virginia Coal Association, three shall be appointed from a list of individuals nominated by the United Mine Workers of America, and three shall be appointed from the Commonwealth at large. All members of the Board shall serve at the pleasure of the Governor and shall be residents of the Commonwealth.

B. The members of the Board shall elect its chairman. Members shall serve for terms of four years and their successors shall be appointed for terms of the same length, but vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Any member may be reappointed for successive terms. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses.

§ 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 a meeting of the Board at any time and shall call a meeting of the Board within twenty days of receipt by the chairman of a written request by another member of the Board. Notification of each meeting of the Board shall be given in writing to each member by the chairman at least five days in advance of the meeting. The chairman and any four or more members of the Board shall constitute a quorum for the transaction of any business of the Board.

§ 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 safety of persons working in the Virginia coal industry. The Board shall serve as the regulatory work committee for the Department on all coal mine health and safety regulations not under the jurisdiction of the Board of Coal Mining Examiners.

Article 11.
Miner Training.

§ 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, but may exceed, the minimum requirements of such training programs which underground and surface operators are required to provide for their employees by the federal mine safety law. The Chief is authorized to utilize the Department's educational and training facilities in the conduct of such training programs and may require the cooperation of operators in making such programs available to their employees.

B. Each operator of a coal mine, upon request, shall make available to every miner employed in such mine the course of first aid training, including refresher training, as is required by subsection A.

§ 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 and (ii) preparing miners for examinations administered by the Board of Coal Mining Examiners and the Board of Mineral Mining Examiners. The Director shall establish the curriculum and teaching materials for the training programs, which shall be consistent with the requirements of the federal mine safety law where feasible.

B. The Department is authorized to charge persons attending the training programs reasonable fees to cover the costs of administering such programs. The Director may exempt certain persons from any required fees for refresher training programs, based on the person's employment status or such other criteria as the Director deems appropriate. The Director shall not be required to allocate more of the Department's resources to training programs than are appropriated or otherwise made available for such purpose, or are collected from fees charged to attendees.

C. No miner, operator, or other person shall be required to participate in any training program established under this article. Nothing contained herein shall prevent an operator or any other person from administering a state-approved training program.

§ 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 in conjunction with his inspection of a coal mine or other Department personnel. Safety awareness training for coal miners may include such methods as job safety analysis and topical talks on safety issues to reduce accidents.

§ 45.1-161.104. 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 inspectors or other Department personnel either on site or in a classroom provided for such purpose.

CHAPTER 14.3.
REQUIREMENTS APPLICABLE TO UNDERGROUND COAL MINES.
Article 1.
General Provisions.

§ 45.1-161.105. Scope of chapter.

This chapter shall be applicable to the operation of any underground coal mine in the Commonwealth, and shall supplement the provisions of Chapter 14.2 (§ 45.1-161.7 et seq.) of this Act.

§ 45.1-161.106. Regulations governing conditions and practices at underground coal mines.

A. The Chief shall have authority, after consultation with the Virginia Coal Mine Safety Board and in accordance with the provisions of Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act, to promulgate rules and regulations necessary to ensure safe and healthy working conditions in underground coal mines in the Commonwealth. Such rules and regulations governing underground coal mines shall relate to:

1. The maintenance, operation, storage, and transportation of any mechanical or electrical equipment, device or machinery used for any purpose in the underground mining of coal;

2. Safety and health standards for the protection of the life, health and property of, and the prevention of injuries to, persons involved in or likely to be affected by any underground coal mining operations which shall include but not be limited to the control of dust concentration levels; use of respiratory equipment and ventilating systems; development and maintenance of roof control systems; handling of combustible materials and rock dusting; installation, maintenance and use of electrical devices, equipment, cables and wires; fire protection, including equipment, emergency evacuation plans, emergency shelters, and communication facilities; the use and storage of explosives; and the establishment and maintenance of barriers in underground mines around gas and oil wells. The Chief is authorized to promulgate regulations setting forth specific occupations and conditions for which a miner will be prohibited from working alone underground; and

3. The storage or disposal of any matter or materials extracted or disturbed as the result of an underground coal mining operation or operations or used in the mining operation or for the refinement or preparation of the materials extracted from the coal mining operation so that such matter or material does not threaten the health or safety of the miners or the general public.

B. The Chief shall not promulgate any regulation establishing requirements for the operation of, or conditions at, an underground coal mine which are inconsistent with requirements established by the Act.

§ 45.1-161.107. Standards for regulations.

In promulgating rules and regulations pursuant to § 45.1-161.106, the Chief shall consider:

1. Standards utilized and generally recognized by the coal mining industry;

2. Standards established by recognized professional coal mining organizations and groups;

3. The federal mine safety law;

4. Research, demonstrations, experiments, and such other information that is available regarding the maintenance of the highest degree of safety protection, including the latest available scientific data in the field, the technical feasibility of the standards, and the experience gained under this Act and other mine safety laws; and

5. Such other criteria as shall be necessary for the protection of safety and health of miners and other persons or property likely to be endangered by underground coal mines or related operations.

Article 2.
Roof, Rib and Face Control.

§ 45.1-161.108. Roof, ribs and faces to be secure.

A. All underground active workings, travelways, and haulageways shall be secured sufficiently to protect miners from falls of roof, face or ribs. Loose roof and loose or overhanging ribs and faces shall be taken down or supported.

B. The method of mining followed shall not expose miners to unusual dangers caused by excessive widths of rooms and entries, faulty pillar-recovery methods, or other dangerous mining methods or working conditions.

§ 45.1-161.109. Roof control plans.

A. The Chief shall, where he deems necessary, prescribe adequate minimum standards for systematic support of mine roof, suitable to the roof conditions and mining system of each mine. Such standards shall be reflected in a plan showing the minimum number and the location of supports, such as posts, crossbars, or bolts, that shall be installed.

B. Failure to comply with the roof control plan for the mine shall constitute a violation of this section.

C. The roof control plan shall be posted conspicuously near the main entrance to the mine.

D. The minimum standards and plan shall provide for temporary support at all active workings, without regard to natural condition.

E. If the minimum standards do not afford adequate protection, such additional supports as shall be necessary shall be installed. Such additional supports shall be described in the plan.

§ 45.1-161.110. Instruction of miners.

The operator, or his agent, shall instruct all miners in the removal and installation of temporary and permanent roof supports as may be required by the roof control plan.

§ 45.1-161.111. Copies of plan.

The operator, or his agent, shall furnish to any miner engaged in removing or installing temporary or permanent roof supports, upon request, a copy of the roof control plan.

§ 45.1-161.112. Roof bolts.

A. Roof bolts shall not be used in lieu of conventional timbering unless a permit has been issued by the Department. Roof bolts shall not be removed where complete extractions of pillars are attempted, nor shall bolts be removed adjacent to clay veins, nor at the locations of other irregularities that induce abnormal hazards.

B. The mine foreman or an authorized person shall test installed roof bolts.

§ 45.1-161.113. Recovery of roof supports.

A. Recovery of roof supports shall not be done except by experienced persons and only where adequate temporary support is provided.

B. Where roof bolt recovery is practical, it shall be done only by reasonable methods approved by the Chief.

C. Permanent timbers shall be recovered only by experienced miners using mechanical means. Miners engaged in the removal of permanent timbers shall not be permitted to work alone.

§ 45.1-161.114. Automated temporary roof support systems.

The Chief shall promulgate regulations requiring automated temporary roof support systems in situations where these systems will improve the safety of miners installing roof bolts.

§ 45.1-161.115. Supplies of materials for supports.

A. The operator, or his agent, shall provide at or near the working places an ample supply of suitable materials of proper size with which to secure all roofs, ribs and faces of working places in a safe manner. Suitable supply materials shall be provided for variations in seam height. If the operator, or his agent, fails to provide such suitable materials, the mine foreman shall cause the miners to withdraw from the mine, or the portion thereof affected, until such material or supplies are received.

B. Safety posts, jacks or temporary crossbars shall be set close to the face before other operations are begun and as needed thereafter, if miners go in by the last permanent roof support.

C. Unless an automated temporary roof support system is used, safety posts or jacks shall be used to protect the miners when roof material is being taken down, crossbars are being installed, roof bolt holes are being drilled, roof bolts are being installed, or when any other work is being performed that would reasonably require roof support to protect the miners involved.

D. The operator, or his agent, shall make immediately available for emergency use in each mine two 40-ton jacks or equivalent lifting devices.

§ 45.1-161.116. Examination and testing of roof, face and ribs.

A. The operator, or his agent, shall instruct all miners in the proper testing of roof, face and ribs.

B. Miners exposed to danger from falls of roof, face and ribs shall examine and test the roof, face and ribs before starting work or before starting a machine and as frequently thereafter as may be necessary to ensure safety. When dangerous conditions are found, miners discovering them shall correct such conditions immediately by taking down the loose material, by proper timbering, or installation of proper roof support before work is continued or any other work is done, or shall vacate the place.

C. At least once each shift, or more often if necessary, and during each visit, the mine foreman or other certified person shall examine and test the roof, face and ribs of all active workings while miners are working therein. Any place in which a dangerous condition is found by the mine foreman shall be made safe in his presence or under his direction, or the miners shall be withdrawn from such place.

D. At least once each day while the mine is in operation, or more often if necessary, a certified person shall examine the roof and ribs of each passageway where miners work or travel and the supports therein, and shall keep a record of such examination in an official record book of the mine. The record book shall be open for inspection by interested persons. Any dangerous condition found during such an examination shall be corrected promptly or traffic thereunder shall be discontinued until the danger has been removed.

§ 45.1-161.117. Reports of falls.

The operator, or his agent, shall report promptly to the Department any unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use, or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage, including those which do not result in a lost-time injury. Such falls shall be marked on a map of the mine to indicate the specific location of the fall. Such reports shall be conspicuously posted near the main entrance of the mine, and shall also be kept on file for review by interested persons. Copies of such reports shall be furnished to the employee's safety committee, if applicable.

§ 45.1-161.118. Unsafe conditions.

A. No person shall work or travel under unsupported roof unless in accordance with subpart C of 30 CFR Part 75.

B. If roof, face or rib conditions are found to be unsafe, no person shall start any other work until the conditions have been corrected by taking down loose material or securely supporting the roof, face or ribs.

C. A bar of proper length shall be used to pull down any loose material discovered.

§ 45.1-161.119. Removal of supports.

A. No person shall deliberately remove any support in active areas unless equivalent protection is provided.

B. Any person who accidentally knocks out or dislodges a support shall promptly replace the support.

§ 45.1-161.120. Blocking cuts.

Any cut which poses a danger of coal rolling on a person during or after cutting shall be blocked by placing blocks in the cut or blocking it with leaning posts.

Article 3.
Proximity of Mining to Gas and Oil Wells, and Abandoned Areas.

§ 45.1-161.121. Mining in proximity to gas and oil wells.

A. An operator who plans to remove coal, drive any passage or entry, or extend any workings in any mine, within 500 feet of any gas or oil well already drilled or in the process of being drilled shall file with the Chief a notice that mining is taking place or will take place. The notice shall include a copy of parts of the maps and plans required under § 45.1-161.64 which show the mine workings and projected mine workings which are within 500 feet of the well. The operator shall simultaneously mail copies of such notice, maps and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector. Each notice shall contain a certification made by the operator that he has complied with the provisions of this subsection.

B. Subsequent to the filing of the notice required by subsection A, the operator may proceed with mining operations in accordance with the maps and plans; however, without the prior approval of the Chief, he shall not remove any coal, drive any entry, or extend any workings in any mine closer than 200 feet to any gas or oil well already drilled or in the process of being drilled.

C. The Chief shall promulgate regulations which prescribe the procedure to be followed by mine operators in petitioning the Chief for approval to conduct such activities within 200 feet of a gas or oil well or a vertical ventilation hole. Each operator who files such a petition shall mail copies of the petition, maps and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The Gas and Oil Inspector and the operator of the gas or oil well or vertical ventilation hole shall have standing to object to any petition filed under this section. Such objections shall be filed within ten days following the date such petition is filed.

§ 45.1-161.122. Mining in proximity to abandoned areas.

A. The mine foreman shall ensure that boreholes are drilled when any active workings in a mine are (i) within fifty feet of abandoned areas in the mine as shown by surveys made and certified by a competent engineer or surveyor or (ii) within 200 feet of abandoned areas in the mine which cannot be surveyed. The boreholes shall be maintained not less than twenty feet in advance of the face, unless approved by the Chief. One borehole shall also be drilled for each cut on sides of the active workings that are being driven toward, and in dangerous proximity to, an abandoned mine or part of a mine which may contain flammable gas or which is filled with water. Boreholes shall be drilled not more than eight feet apart.

B. Sufficient holes shall be drilled through to accurately determine whether hazardous quantities of methane, carbon dioxide and other gases or water are present in the abandoned area. Materials shall be available to plug such holes to prevent an inundation of hazardous quantities of gases or water if detected.

C. All work in the immediate vicinity of a borehole shall cease when a hole drills into abandoned areas. The atmosphere at the back of boreholes drilled into abandoned areas shall be examined, using instruments capable of examining the atmosphere. If the examination detects hazardous quantities of methane, carbon dioxide, or other gases that cannot be removed, an equipped mine rescue team shall be made available in the immediate vicinity prior to mining into the abandoned area. If hazardous quantities of noxious or flammable gases or water are present upon drilling into abandoned areas, constant communication shall be maintained with the surface while mining into the abandoned area.

D. Any operator, his agent, mine foreman or miner engaged in drilling or mining into inaccessible abandoned areas shall have upon his person a self-contained self-rescuer.

Article 4.
Mechanical Equipment.

§ 45.1-161.123. Face equipment.

A. The cutter chains of mining machines shall be locked securely by mechanical means or electrical interlocks, while such machines are parked or being trammed.

B. Drilling in rock shall be conducted wet or by other means of dust control.

C. Electric drills or other electrically operated rotating tools intended to be held in the hands shall have the electric switch constructed so as to break the circuit when the hand releases the switch, or shall be equipped with properly adjusted friction or safety clutches.

D. While remote control equipment is in operation or is being trammed, no miner shall be required to position himself in a place of danger between such equipment and the face or walls of the mine.

§ 45.1-161.124. Shop and other equipment.

A. The following items of shop and other equipment shall be guarded and maintained adequately:

1. Gears, sprockets, pulleys, fan blades or propellers, friction devices and couplings with protruding bolts or nuts;

2. Shafting and projecting shaft ends that are within seven feet of floor or platform level;

3. Belt, chain or rope drives that are within seven feet of the floor or platform;

4. Fly wheels, provided that fly wheels extending more than seven feet above the floor shall be guarded to a height of at least seven feet;

5. Circular and band saws and planers;

6. Repair pits, provided that guards shall be kept in place when the pits are not in use;

7. Counterweights; and

8. The approach to mine fans shall be guarded.

B. Machinery shall not be repaired or oiled while the machinery is in motion; however, this shall not apply where safe remote oiling devices are used.

C. A guard or safety device removed from any machine shall be replaced before the machine is put in operation.

D. Mechanically operated grinding wheels shall be equipped with (i) safety washers and tool rests; (ii) substantial retaining hoods, the hood opening of which shall not expose more than a ninety degree sector of the wheel; and (iii) eyeshields, unless goggles are worn by the miners. Retaining hoods shall include either a device to control and collect excess rock, metal or dust particles, or a device providing equivalent protection to the miners operating such machinery.

§ 45.1-161.125. Hydraulic hoses.

All hydraulic hoses used on equipment purchased after January 1, 1986, shall be clearly stamped or labeled by the hydraulic hose manufacturer to indicate the manufacturer's rated pressure in pounds per square inch (psi). For hoses purchased after January 1, 1989, the rated pressure shall be permanently affixed on the outer surface of the hose and repeated at least every two feet. Hoses purchased and installed on automatic displacement hydraulic systems shall have a four-to-one safety factor based on the ratio between minimum burst pressure and the setting of the hydraulic unloading system (such as a relief valve) or shall meet the minimum hose pressure requirements set by the hydraulic equipment manufacturer per the applicable hose standards for each type of equipment. No hydraulic hose shall be used in an application where the hydraulic unloading system is set higher than the hose's rated pressure.

Article 5.
Explosives and Blasting.

§ 45.1-161.126. Surface storage of explosives.

A. Separate surface magazines shall be provided for the storage of explosives and detonators.

B. Surface magazines for storing and distributing explosives in amounts exceeding 150 pounds shall be:

1. Reasonably bulletproof and constructed of incombustible material or covered with fire-resistive material. The roofs of magazines so located that it is impossible to fire bullets directly through the roof from the ground need not be bulletproof, but where it is possible to fire bullets directly through them, roofs shall be made bullet-resistant by material construction, or by a ceiling that forms a tray containing not less than a four-inch thickness of sand, or by other methods;

2. Provided with doors constructed of three-eighth inch steel plate lined with a two-inch thickness of wood, or the equivalent;

3. Provided with dry floors made of wood or other nonsparking material and have no metal exposed inside the magazine;

4. Provided with suitable warning signs so located that a bullet passing directly through the face of a sign will not strike the magazine;

5. Provided with properly screened ventilators;

6. Equipped with no openings except for entrance and ventilation; and

7. Kept locked securely when unattended.

C. Surface magazines for storing detonators need not be bulletproof, but they shall conform to the other provisions of subsection B regarding the storage of explosives.

D. Explosives in amounts of 150 pounds or less or 5,000 detonators or less shall be stored in accordance with preceding standards or in separate locked box-type magazines. Box-type magazines may also be used as distributing magazines when quantities do not exceed those mentioned. Box-type magazines shall be constructed strongly of two-inch hardwood or the equivalent. Metal magazines shall be lined with nonsparking material. No magazine shall be placed in a building containing oil, grease, gasoline, wastepaper or other highly flammable material; nor shall a magazine be placed within twenty feet of a stove, furnace, open fire or flame.

E. Magazines shall be located not less than 300 feet from any mine opening, occupied building or public road or any road designated by the Chief in order to promote safety. However, in the event that a magazine cannot be practicably located at such a distance, a magazine may be located less than 300 feet from any mine opening, occupied building or road, if sufficiently barricaded and approved by the Chief.

F. The supply kept in distribution magazines shall be limited to approximately a forty-eight-hour supply, and such supplies of explosives and detonators may be distributed from the same magazine, if separated by at least a four-inch substantially fastened hardwood partition or equivalent barrier.

G. The area surrounding magazines for not less than twenty-five feet in all directions shall be kept free of rubbish, dry grass or other materials of a combustible nature.

H. If the explosives magazine is illuminated electrically, vapor-proof lamps shall be installed and wired so as to present minimum fire and contact hazards.

I. Only nonmetallic tools shall be used for opening wooden explosives containers. Extraneous materials shall not be stored with explosives or detonators in an explosives magazine.

§ 45.1-161.127. Underground transportation of explosives.

A. Explosives or detonators carried anywhere underground by any person shall be in individual containers. Such containers shall be constructed substantially of nonconductive material, maintained in good condition, and kept closed.

B. Explosives or detonators transported underground in cars moved by means of a locomotive or rope, or in shuttle cars, shall be in substantially covered cars or in special substantially covered containers used specifically for transporting detonators or explosives, and only under the following conditions:

1. The bodies and covers of such cars and containers shall be constructed or lined with nonconductive material;

2. If explosives and detonators are hauled in the same explosive car or in the same special container, they shall be separated by at least a four-inch substantially fastened hardwood partition or equivalent barrier;

3. Explosives, detonators, or other blasting devices shall not be transported on the same trip with miners;

4. When explosives or detonators are transported in special cars or containers in cars, they shall be hauled in special trips not connected to any other trip; however, this shall not prohibit the use of such additional cars as needed to lower a rope trip, or to haul supplies including timbers. Materials so transported shall not project above the top of the car. In no case shall flammable materials such as oil or grease be hauled on the same trip with explosives; and

5. Explosives or detonators shall not be hauled into or out of a mine within five minutes preceding or following a man-trip or any other trip. If traveling against the air current, the man-trip shall precede the explosives trip; if traveling with the air current, the man-trip shall follow the explosives trip.

C. In low coal seams where it is impractical to comply with subsection B, explosives may be transported in the original and unopened case, or in suitable individual containers, to the underground distribution magazine.

D. Explosives and detonators shall be transported underground by belt only under the following conditions:

1. They shall be transported in the original and unopened case, in special closed cases constructed of nonconductive material, or in suitable individual containers;

2. Clearance requirements shall be the same as those for transporting miners on belts;

3. Suitable loading and unloading stations shall be provided; and

4. Stop controls shall be provided at loading and unloading points, and an authorized person shall supervise the loading and unloading of explosives and detonators.

E. Neither explosives nor detonators shall be transported on flight or shaking conveyors, scrapers, mechanical loading machines, locomotives, cutting machines, drill trucks, or any self-propelled mobile equipment; however, this shall not prohibit the transportation of explosives or detonators in special closed containers in shuttle cars or in equipment designed especially to transport such explosives or detonators.

§ 45.1-161.128. Underground storage of explosives.

A. When supplies of explosives and detonators for use in one or more sections are stored underground, they shall be kept in section boxes or magazines of substantial construction with no metal exposed on the inside. Such boxes or magazines shall be located at least twenty-five feet from roadways and power wires, and in a reasonably dry, well rock-dusted location protected from falls of roof. In pitching beds, where it is not possible to comply with the location requirement, such boxes shall be placed in niches cut into the solid coal or rock.

B. When explosives or detonators are stored in the section, they shall be kept in separate boxes or magazines not less than twelve feet apart if feasible; if kept in the same box or magazine, they shall be separated by at least a four-inch substantially fastened hardwood partition or the equivalent. Not more than a forty-eight-hour supply of explosives or detonators shall be stored underground in such boxes or magazines.

C. Explosives and detonators, kept near the face for the use of workmen, shall be kept in separate individual closed containers, in niches in the rib, not less than twelve feet apart, at least fifty feet from the working place and out of the line of blast. Such containers shall be constructed of substantial material and maintained electrically nonconductive. Where it is physically impracticable to comply with such distance requirements, the explosives and detonator containers shall be stored in the safest available place not less than fifteen feet from any pipe, rail, conveyor, roadway, or power line, not less than twelve feet apart, and at least fifty feet from the working face and out of line of blast.

D. Explosives and detonators shall be kept in their containers until immediately before use at the working faces.

§ 45.1-161.129. Blasting practices; penalty.

A. All explosives shall be of the permissible type, and all blasting methods shall be approved by the Chief.

B. All explosives shall be used as follows:

1. Explosives shall be fired only with electric detonators of proper strength;

2. Explosives shall be fired with permissible shot-firing units, unless firing is done from the surface when all persons are out of the mine, or a permit is secured to use other appropriate devices;

3. Boreholes in coal shall not be drilled beyond the limits of the cut where the coal is cut nor into the roof or floor;

4. Boreholes shall be cleaned, and shall be checked to see that they are placed properly and are of correct depth in relation to the cut, before being charged;

5. All blasting charges in coal shall have a burden of at least eighteen inches in all directions if the height of the coal permits;

6. Boreholes shall be stemmed with at least twenty-four inches of incombustible material, or at least one-half of the length of the hole shall be stemmed if the hole is less than four feet in depth. The Chief may approve the use of other stemming devices;

7. Examinations for gas shall be made immediately before firing each shot or group of multiple shots, and after blasting is completed;

8. Shots shall not be fired in any place where a methane level of one percent or greater can be detected with a permissible methane detector;

9. Without permit, charges exceeding one and one-half pounds, but not exceeding three pounds, shall be used only if (i) boreholes are six feet or more in depth; (ii) the explosives are charged in a continuous train, with no cartridges deliberately deformed or crushed; (iii) all cartridges are in contact with each other, with the end cartridges touching the back of the hole and the stemming, respectively; and (iv) Class A or Class B permissible explosives are used; however, the three-pound limit shall not apply to solid rock work;

10. Any solid shooting shall be done in compliance with conditions prescribed by the Chief;

11. Shots shall be fired by a certified underground shot firer;

12. Boreholes shall not be charged while any other work is being done at the face, and the shot or shots shall be fired before any other work is done in the zone of danger from blasting except that which is necessary to safeguard the miners;

13. Only nonmetallic tamping bars, including a nonmetallic tamping bar with a nonsparking metallic scraper on one end, shall be used for charging and tamping boreholes;

14. The leg wires of electric detonators shall be kept shunted until ready to connect to the firing cable;

15. Shots shall not be fired from the power of signal circuit while any person is in the mine;

16. The roof and faces of working places shall be tested before and after firing each shot or group of multiple shots;

17. Ample warning shall be given before shots are fired, and care shall be taken to ascertain that all miners are in the clear;

18. All miners shall be removed from the working place and the immediately adjoining working place or places to a distance of at least 100 feet and accounted for before shots are fired;

19. Mixed types or brands of explosives shall not be charged or fired in any borehole;

20. Adobe (mudcap) or other open, unconfined shots shall not be fired in any mine except those types approved by the Mine Safety and Health Administration and the Chief;

21. Power wires and cables that could contact blasting cables or leg wires shall be de-energized during charging and firing;

22. Firing shots from a properly installed and protected blasting circuit may be permitted by the Chief;

23. No miner shall return, or shall be allowed to return, to the working place after the firing of any shot or shots until the smoke has reasonably cleared away;

24. Before returning to work and beginning to load coal, slate or refuse, a miner shall make a careful examination of the condition of the roof and do what is necessary to make the working place safe; and

25. An examination for fire shall be made of the working area after any blasting.

C. It shall be unlawful for an operator, his agent, or mine foreman to cause or permit any solid shooting to be done without first having obtained a written permit from the Chief. It shall be unlawful for any miner to shoot coal from the solid without first obtaining permission to do so from the operator, his agent, or mine foreman. A violation of this subsection is a Class 1 misdemeanor.

§ 45.1-161.130. Blasting cables.

Blasting cables shall be:

1. Well insulated and as long as may be necessary to permit the shot firer to get in a safe place around a corner;

2. Short-circuited at the battery end until ready to attach to the blasting unit;

3. Staggered as to length or the ends kept well separated when attached to the detonator leg wires; and

4. Kept clear of power wires and all other possible sources of active or stray electric currents.

§ 45.1-161.131. Misfires.

A. Where misfires occur with electric detonators, a waiting period of at least fifteen minutes shall elapse before a miner shall be allowed to return to the shot area. After such failure, the blasting cable shall be disconnected from the source of power and the battery ends short-circuited before electric connections are examined.

B. Explosives shall be removed by firing a separate charge at least two feet away from, and parallel to, the misfired charge or by washing the stemming and the charge from the borehole with water, or by inserting and firing a new primer after the stemming has been washed out.

C. A very careful search of the working place, and, if necessary, of the coal shall be conducted after the coal reaches the tipple after blasting a misfired hole to recover any undetonated explosive.

D. The handling of a misfired shot shall be directly supervised by the mine foreman or a certified person designated by him.

§ 45.1-161.132. Explosives and blasting practices in shaft and slope operations.

A. Blasting areas in shaft or slope operations shall be covered with mats or materials when the excavations are too shallow to retain the blasted material.

B. If explosives are in the shaft or slope when an electrical storm approaches, all miners shall be removed from such working places until the storm has passed.

Article 6.
Transportation.

§ 45.1-161.133. Haulage roads.

A. The roadbed, rails, joints, switches, frogs and other elements of the track of all haulage roads shall be constructed, installed and maintained in a manner that ensures their safe operation. In determining their safety, consideration shall be given to the speed of equipment, and type of haulage operations conducted, on the haulage roads.

B. Haulage tracks shall be kept free of accumulations of coal spillage and debris.

C. Roadbeds shall be kept well drained.

D. Shuttle car haulage roads shall be maintained reasonably free of bottom irregularities, excess spillage, debris, and wet or muddy conditions that make controlling a shuttle car difficult.

§ 45.1-161.134. Track switches and rails.

A. All track switches shall be provided with properly installed throws, latches, and bridle bars.

B. All track switches, other than those in rooms and in entry development, shall be equipped with properly installed guardrails.

C. All switch throws and stands shall be installed on the side of the track where clearance is provided.

D. Rails shall be secured at all joints by plates or welds.

E. Where track haulage is used, sidetracks shall be provided as near as possible to the working places.

§ 45.1-161.135. Clearance on haulage roads.

A. Track haulage roads in entries, rooms, and breakthroughs shall have a continuous clearance on one side of at least twenty-four inches from the farthest projection of moving traffic. The clearance shall be kept free of any obstruction to a height of six and one-half feet where permitted by the height of the coal seam.

B. Track haulage roads in entries, rooms, and breakthroughs shall have a continuous clearance, on the side opposite the clearance required by subsection A, of at least six inches from the farthest projection of moving traffic.

C. Haulage roads where trolley lines are used shall have the clearance required by subsection A on the side of the track opposite the trolley lines. This requirement shall not apply where the trolley lines are six and one-half feet or more above the rail.

D. The clearance space on all track haulage roads shall be kept free of loose rock, loose coal, supplies, and other loose materials. If the clearance space exceeds twenty-four inches, not more than twenty-four inches of the clearance space shall be required to be kept free of such materials.

E. All parallel tracks shall be installed so as to provide a clearance of at least twenty-four inches between the outermost projections of passing traffic.

F. Ample clearance shall be provided (i) at conveyor loading heads, (ii) at conveyor control panels, and (iii) along conveyor lines.

G. Belt conveyors shall be equipped with control switches to automatically stop the driving motor in the event the belt is stopped by slipping on the driving pulley, by breakage or other accident.

§ 45.1-161.136. Conveyor crossings.

Suitable facilities for crossing conveyors shall be provided where it is necessary for miners to cross conveyors regularly.

§ 45.1-161.137. Shelter holes.

A. Track haulage roads shall have shelter holes at intervals not to exceed the interval permitted for crosscuts. Except at points where more than six feet of side clearance, measured from the rail, is maintained and at room switches, shelter holes shall be provided at manually operated doors and at switch throws.

B. Except for shelter holes at underground slope landings where men pass and cars are handled, (i) the depth of shelter holes shall not be less than five feet, (ii) the width of shelter holes shall not be greater than four feet unless a room neck or crosscut width exceeding four feet is used as a shelter hole, and (iii) height of shelter holes shall not be less than six feet or, if the height of the traveling space is less than six feet, as high as the traveling space.

C. Shelter holes at underground slope landings where men pass and cars are handled shall be at least (i) ten feet in depth, (ii) four feet in width, and (iii) six feet in height.

D. Shelter holes shall be kept free of refuse, loose roof, and other obstructions.

§ 45.1-161.138. Refuge from moving traffic.

Upon the approach of moving traffic, miners not engaged in haulage operations shall take refuge in shelter holes or other places of safety.

§ 45.1-161.139. Inspection of equipment.

The mine foreman or a certified person shall inspect electrical transportation equipment located underground weekly, or more often if necessary, to assure its safe operating condition. Such equipment located on the surface shall be inspected as often as necessary but at least monthly. Such person shall correct any defect found during the inspection.

§ 45.1-161.140. Maintenance of transportation equipment.

Locomotives, mine cars, shuttle cars, supply cars, conveyors, self-propelled mobile equipment, and all other transportation equipment shall be maintained in a safe operating condition.

§ 45.1-161.141. Devices on transportation equipment.

A. All track-mounted, self-propelled mobile transportation equipment and shuttle cars for use underground shall be equipped with safe seating facilities for the person operating the equipment. Where seating facilities are provided on self-propelled mobile equipment, the person operating such equipment shall be seated before the equipment is put into motion.

B. Locomotives shall be equipped with proper devices, including lifting jacks, for the rerailing of locomotives and cars.

C. An audible warning device and headlights shall be provided on each locomotive, shuttle car and any other self-propelled mobile transportation equipment.

D. A permissible trip light shall be used on the rear of trips pulled and on the front of pushed trips and trips lowered in slopes; however, trip lights need not be used (i) on cars being shifted to and from loading machines, (ii) on cars being handled at loading heads, (iii) during gathering operations at working faces, or (iv) where locomotives are used on each end of a trip.

E. Slides, skids, or other adequate means shall be used on descending trips on grades where the locomotive is not adequate to control the trip, and, where practicable, a drag shall be used on ascending trips on steep grades.

F. Where block signals are used, not more than one locomotive, except pushers, shall operate in any signal block at the same time unless specifically authorized by the Chief.

§ 45.1-161.142. Pushing cars.

Cars on main haulage roads shall be prohibited except (i) where necessary to push cars from sidetracks located near the working section to the producing entries and rooms, (ii) where necessary to clear switches and sidetracks, and (iii) on the approach to cages, slopes and surface inclines.

§ 45.1-161.143. Transportation of material.

A. Material being transported shall be loaded in a manner to protect the motorman or brakeman from sliding equipment or material.

B. Timbers and other materials not necessary for the operation of locomotives, cutting machines, loading machines, and coal-drilling machines shall not be transported on such equipment.

§ 45.1-161.144. Securing cars.

A. Standing cars on any track, unless held effectively by brakes, shall be properly blocked or spragged.

B. Cars shall be secured effectively at working faces.

C. Positive-acting stopblocks or derails shall be used where necessary to protect miners from danger of moving or runaway haulage equipment.

§ 45.1-161.145. Riding on cars.

A. No person other than the motorman and trip rider shall ride on a locomotive, unless authorized by the mine foreman.

B. No person shall ride on loaded cars or between cars of any trip; however, a trip rider may ride on the safest part of the trip, preferably the first or last car. The mine foreman shall determine which part of the trip is the safest; however, his determination shall be subject to the concurrence of a mine inspector.

C. When persons are authorized by the mine foreman or a dispatcher to be transported on loaded trips, they shall be transported in an empty car placed (i) between the locomotive and the first loaded car or (ii) at the rear of trips, if the mine foreman determines that physical conditions of haulage require it as a safety measure.

D. No brakeman or driver shall ride on the front bumper of any car or trip.

E. No person shall get on or off moving locomotives or cars being moved by locomotives; however, the brakeman may get on or off the rear end of a slowly moving trip, or the stirrup of a slowly moving locomotive, to throw a switch, align a derail, or open or close a door.

F. No person shall be allowed to ride on top of self-propelled mobile equipment.

§ 45.1-161.146. Back-poling.

Back-poling shall be prohibited except (i) at places where the trolley pole cannot be reversed or (ii) when going up extremely steep grades. In all circumstances, back-poling shall occur only at very slow speed.

§ 45.1-161.147. Operation of equipment.

A. Operators of shuttle cars shall face in the direction of travel.

B. All trips and locomotives shall come to a complete stop before cars are coupled or uncoupled by hand.

C. Persons operating self-propelled haulage equipment shall sound a warning before starting such equipment and on approaching curves, sidetracks, doors, curtains, manway crossings, or any other place where persons are or are likely to be.

D. Locomotives following other trips shall maintain a distance of 300 feet from the rear end of the preceding trip or locomotive.

E. Brakemen shall always stand in the clear during switching operations.

F. No two pieces of self-propelled mobile mining equipment traveling in opposite directions inside a coal mine shall be allowed to pass each other while both are in motion on the same haulage road.

§ 45.1-161.148. Dispatchers.

Where a dispatcher is employed to control trips, traffic under his jurisdiction shall be moved only at his direction. The dispatcher shall be stationed on the surface at the mine.

§ 45.1-161.149. Availability of man-trips.

The operator or his agent shall maintain a man-trip or other equipment suitable for providing reasonable access within a reasonable time to areas of the mine where miners are working and where transportation is ordinarily provided. The suitability of the equipment, and the reasonableness of the time required to reach such areas of the mine, shall be determined by the Chief.

§ 45.1-161.150. Man-trips.

A. Man-trips operated by means of locomotives shall be pulled and at safe speeds consistent with the condition of roads and type of equipment used, and shall be so controlled that they can be stopped within the limits of visibility.

B. Each man-trip shall be under the charge of an authorized person and shall be operated independently of any loaded trip of coal or other material.

C. Man-trip cars shall be maintained in safe operating condition, and in sufficient number to prevent becoming overloaded.

D. No person shall ride under a trolley wire other than in suitably covered man-cars.

E. Other than small hand tools carried on the person, supplies or tools shall not be transported in the same car or cage with miners on any man-trip, except in special compartments in such cars. All persons shall ride inside the cars except the motorman and trip rider.

F. Miners shall not board or leave moving man-trip cars. Miners shall remain seated while in moving cars, and shall proceed in an orderly manner to and from man-trips.

§ 45.1-161.151. Man-trip stations.

A. A waiting station with sufficient room, ample clearance from moving equipment, and adequate seating facilities shall be provided where miners are required to wait for man-trips or man-cages. Miners shall remain in such station until the man-trip or man-cage is ready to load. Miners shall be permitted to unload from man-trips only at man-trip stations, except that miners assigned to special duties along main haulageways may unload at any point if clearance from moving equipment is provided.

B. Trolley and power wires shall be guarded effectively at man-trip stations where there is a possibility of any person coming in contact with energized electric wiring while boarding or leaving the man-trip. De-energizing switches, used in conjunction with signal lights to indicate when such wires have been de-energized, may be used in lieu of guards at man-trip stations.

§ 45.1-161.152. Transporting miners by belts.

A. When belts are used for transporting miners, such belts shall be free of loose materials, and a minimum clearance of at least eighteen inches shall be maintained between the belt and the roof or crossbars, projecting equipment, cap pieces, overhead cables, wiring, and other objects. Control switches shall be provided at all places where miners board or leave belts regularly.

B. The belt speed shall not exceed (i) 250 feet per minute while miners are being transported where the clearance between the belt and overhead roof or projections is between eighteen inches and twenty-four inches and (ii) 300 feet per minute where the overhead clearance is twenty-four inches or more. The use of conveyor belts to transport miners shall be prohibited if the clearance between the belt and overhead is less than eighteen inches. Such belt shall be stopped while miners are boarding or leaving.

C. The space between miners riding on a belt line shall be not less than five feet.

D. Adequate clearance and proper illumination shall be provided where miners board or leave conveyor belts.

E. A mine foreman or authorized person shall be in attendance while miners are boarding or leaving belts.

Article 7.
Hoisting.

§ 45.1-161.153. Hoisting equipment.

A. All hoists used for handling men shall be equipped with overspeed, overwind, and automatic stop controls.

B. All suspended work decks and platforms (i) shall operate automatically, (ii) shall be equipped with guardrails capable of protecting men and materials from accidental overturning, and (iii) shall be equipped with safety belts and such other protective devices as the Chief shall require by regulation.

C. Any platform or work deck used for transporting miners or materials shall be equipped with leveling indicators and such conveyance shall be maintained and operated in a reasonably level position at all times.

D. Slope, shaft, or surface incline hoists shall be equipped with brakes capable of stopping and holding the fully loaded unbalanced cage or trip at any point in the shaft or slope or on the incline.

E. An accurate and reliable indicator showing the position of the cage or trip shall be placed so as to be in clear view of the hoisting engineer, unless the position of the car or trip is clearly visible to the hoisting engineer or other person operating the equipment at all times.

F. Any conveyance used to haul miners or materials within a shaft or slope (i) shall be designed to prevent materials from falling back into the shaft or slope and (ii) shall be equipped with a retaining edge of not less than six inches to prevent objects from falling into the shaft or slope.

§ 45.1-161.154. Hoisting ropes.

A. Hoisting ropes on all cages or trips shall be adequate in size to handle the load and have a proper factor of safety. Ropes used to hoist or lower coal and other materials shall have a factor of safety of not less than five to one; ropes used to hoist or lower miners shall have a factor of safety of not less than ten to one.

B. The hoisting rope shall have at least three full turns on the drum when extended to its maximum working length. The rope shall make at least one full turn on the drum shaft or around the spoke of the drum, in case of a free drum, and be fastened securely by means of clamps.

C. The hoisting rope shall be fastened to its load by a spelter-filled socket or by a thimble and adequate number of clamps properly spaced and installed.

D. Any hoisting rope attached to a cage, man-car, or trip used for hoisting or lowering men or materials shall be provided with two bridle chains or cables connected securely to the rope at least three feet above the socket or thimble and to the crosspiece of the cage or to the man-car or trip.

E. When equipment or supplies are being hoisted or lowered in the slope, safety chains or cables shall be provided and connected securely to the hoist rope. In addition, visible or audible warning devices shall be installed in the slope where they may be seen or heard by persons approaching the slope track entry from any access.

§ 45.1-161.155. Hoisting cages.

A. Cages used for hoisting miners shall be of substantial construction and shall have (i) adequate steel bonnets, with enclosed sides; (ii) gates, safety chains, or bars across the ends of the cage when men are being hoisted or lowered; and (iii) sufficient handholds or chains for all men on the cage to maintain their balance. A locking device to prevent tilting of the cage shall be used on all self-dumping cages when miners are transported thereon.

B. The floor of the cage shall be constructed so that it will be adequate to carry the load and so that it will be impossible for a miner's foot or body to enter any opening in the bottom of the cage.

C. Cages used for hoisting miners shall be equipped with safety catches that act quickly and effectively in case of an emergency.

§ 45.1-161.156. Slope and shaft conditions.

A. All shafts shall be equipped with safety gates at the top and at each landing. Where possible, such gates shall be self-closing and shall be kept closed except when the cage is being loaded or unloaded.

B. Positive-acting stopblocks or derails shall be installed near the top and at intermediate landings of slopes and surface inclines and at the approaches to all shaft landings.

C. Positive-acting stopblocks or derails shall be installed on the haulage track in the scope near the top of the slope. The stopblocks or derails shall be in a position to hold or stop any load, including heavy mining equipment, to be lowered into the mine until such time as the equipment is to be lowered into the mine by the hoist.

D. At the bottom of each hoisting shaft and at intermediate landings, a runaround shall be provided for safe passage from one side of the shaft to the other. This passageway shall be not less than five feet in height and three feet in width.

E. Ice shall not be permitted to accumulate excessively in any shaft where miners are hoisted or lowered.

§ 45.1-161.157. Signaling; signal code.

A. Two independent means of signaling shall be provided between the top, bottom, and all intermediate landings of shafts, slopes, and surface inclines and the hoisting station. At least one of these means of signaling shall be audible to the hoisting engineer or other person operating the equipment. Bell cords shall be installed in shafts in such a manner as to prevent unnecessary movement of such cords within the shaft.

B. A uniform signal code approved by the Chief shall be in use at each mine and shall be at the cage station designated by the mine foreman.

§ 45.1-161.158. Inspections of hoisting equipment.

A. Before hoisting or lowering miners in a shaft, the hoisting engineer shall operate empty cages up and down each shaft at least one round trip at the beginning of each shift and after the hoist has been idle for one hour or more.

B. Before hoisting or lowering miners in slope and surface incline hoisting, the hoisting engineer shall operate empty cages at least one round trip at the beginning of each shift and after the hoist has been idle for one hour or more.

C. The hoisting engineer, at the time the inspections required by subsections A and B are performed, shall (i) inspect all cable or rope fastenings at all cages, buckets, or slope cars, (ii) inspect hammer locks and pins, thimbles, and clamps; (iii) inspect safety chains on buckets, cage or slope cars; (iv) inspect the braking system for malfunctions; (v) clean all excess oil and extraneous materials from the hoist housing construction; (vi) inspect the overwind, overtravel, and lilly switch or control from stopping at the collar and within 100 feet of the work deck; and (vii) check communications between the top house, work deck and work deck tugger house.

D. Hoisting rope on all cages or trips shall be inspected at the beginning of each shift by the hoisting engineer.

E. A test of safety catches on cages shall be made at least once each month. A written record shall be kept of such tests, and such record shall be available for inspection by interested persons.

F. Hoisting equipment including the headgear, cages, ropes, connections, links and chains, shaft guides, shaft walls, and other facilities shall be inspected daily by an authorized person designated by the operator. Such person shall also inspect all bull wheels and lighting systems on the head frame. Such person shall report immediately to the operator, or his agent, any defects found, and any such defect shall be corrected promptly. The person making such examination shall make a daily permanent record of such inspection, which shall be available for inspection by interested persons.

G. Subsections A, B, C, and D shall not apply to automatically operated elevators.

§ 45.1-161.159. Hoisting engineers.

A. A certified hoisting engineer shall be either on duty continuously, or available within a reasonable time as determined by the Chief, to provide immediate transportation while any person is underground, where miners are transported into or out of underground areas of a mine by hoists or on surface inclines.

B. When miners are being hoisted or lowered in shafts, slopes, or on surface inclines, the loading and unloading of miners and movement of the cage, car, or trip shall be under the direction of an authorized person.

C. Subsections A and B shall not apply to automatically operated elevators that can be safely operated by any miner; however, a person qualified as an automatic elevator operator shall be available at such elevators within a reasonable time as determined by the Chief.

D. No operator, or his agent, of any mine worked by shaft, slope or incline shall place in charge of any engine or drum used for lowering or hoisting miners any but competent and sober hoisting engineers. No hoisting engineer in charge of such machinery shall allow any person, except such as may be designated for such purpose by the operator, or his agent, to interfere with any part of the machinery. No person shall interfere with or intimidate the engineer or drum runner in the discharge of his duties.

§ 45.1-161.160. Operations of hoisting equipment.

A. The speed of the cage, car, or trip in shafts, slopes, or on surface inclines shall not exceed 1,000 feet per minute when miners are being hoisted or lowered.

B. When moving the platform or work deck, all miners traveling thereon shall have safety belts secured.

C. No person shall ride on a loaded cage.

D. The number of persons riding in any cage or car at one time shall not exceed the maximum prescribed by the Chief.

E. Conveyances being lowered into a shaft in which miners are working shall be stopped at least twenty feet above the area where such miners are working.

F. Whenever miners are working at the bottom of a shaft, there shall be an adjustable ladder or chain ladder attached to the work deck to provide an additional means of escape. Such ladder shall be at least twenty feet in length.

G. All chokers and slings used to transport materials within a shaft or slope shall meet specifications established by the United States of America Standards Institute.

§ 45.1-161.161. Maintenance of hoisting equipment.

Hoists, ropes, cages, and other hoisting equipment shall be maintained in a safe operating condition. Hoisting ropes shall be replaced as soon as there is evidence of possible failure.

Article 8.
Mine Openings and Escapeways.

§ 45.1-161.162. Mine openings.

A. Except as provided in § 45.1-161.164, there shall be at least two travelable passageways, entries, or openings to the surface from each section of a mine worked. All longwall panels shall be developed with at least three entries; however, if new technology becomes available pursuant to which two-entry systems may be safely developed, such technology may be used, with the approval of the Chief.

B. One of the required passageways may be the haulage road.

C. The first opening shall not be made through an adjoining mine. The second opening may be made through an adjoining mine.

D. One of the required passageways shall be designated as the primary designated escapeway.

§ 45.1-161.163. Separation of openings.

A. In drift or slope mines, openings shall be separated by not less than fifty feet of natural strata, unless specifically approved by the Chief. All connections between openings not used for the coursing of air, travel, or haulage shall be closed with stoppings of fireproof material.

B. In shaft mines, openings shall be separated by not less than 200 feet of natural strata.

§ 45.1-161.164. Number of miners in openings.

Until the two passageways are made as required by § 45.1-161.162, not more than twenty miners shall work underground in the mine at one time. No additional development shall be permitted until the connection is made to the second opening. In mines where final pillar removal operations necessitate closing the second opening, not more than twenty miners shall be permitted to work in the mine.

§ 45.1-161.165. Maintenance of mine openings.

Mine openings required pursuant to this article shall be kept in good condition, and shall at all times be reasonably safe and convenient for entering and leaving the mine.

§ 45.1-161.166. Signs, life lines, and equipment.

A. Direction signs shall be posted conspicuously at all points where the passageway to the mine opening, escapeway, or escapement shaft is intercepted by roadways, entries, or other passageways. The signs shall indicate the direction of the place of exit, manways, and escapeways.

B. On and after January 1, 1995, a continuous life line shall be installed and maintained in each primary designated escapeway from the bottom of the shaft or the surface up to the section loading point, or such other point that may be approved by the Chief.

C. Escapeways shall be equipped with all necessary stairways, ladders, cleated walkways, or other equipment approved by the Chief. All equipment shall be installed in such manner that persons using it in emergencies may do so quickly and without undue hazard.

§ 45.1-161.167. Examination of escapeways.

The mine foreman shall examine all escapeways for dangerous conditions at least once per week. The mine foreman shall mark his initials and the date at the places examined, and if dangerous conditions are found they shall be reported promptly. A record of these examinations and tests shall be kept at the mine.

§ 45.1-161.168. Longwall escape routes and plan.

A. The operator of any mine which uses longwalls as a method of mining shall maintain an accessible travel route off the tailgate end of the longwall working face. He shall familiarize all miners working on the longwall section with the procedures to follow for escape from the section, and shall also inform these miners at any time during which the travel route is impassable.

B. The operator shall develop a plan for use if the travel route becomes impassable. The plan shall address (i) notification of miners that the travelway is blocked and of the method and timetable for reestablishment of the travelway, (ii) reinstruction of miners regarding escapeways and escape procedures in the event of an emergency, (iii) reinstruction of miners on the availability and use of self-contained self-rescue devices, (iv) monitoring and evaluation of the air entering the longwall section, (v) location and effectiveness of the two-way communication systems, and (vi) a means of transportation from the longwall section to the main line. The plan provisions shall remain in effect until a travelway is reestablished on the tailgate side of a longwall section. Such an operation shall include provisions for such protective devices as fire extinguishers and respirators for miners working on the longwall section.

§ 45.1-161.169. Fire protection.

A. Shafts and partitions therein shall be as nearly fireproof as is practicable.

B. Where there is danger of fire entering the mine, openings shall have adequate protection against surface fires or dangerous volumes of smoke entering the mine.

§ 45.1-161.170. Unused openings.

All unused, abandoned, and isolated surface openings shall be effectively protected against unauthorized entrance.

Article 9.
Illumination.

§ 45.1-161.171. Portable illumination.

A. All miners underground shall use only permissible electric cap lamps that are worn on the person for portable illumination.

B. Light bulbs on extension cables shall be guarded adequately.

C. The requirement of subsection A shall not preclude the use of other type of permissible electric lamps, permissible flashlights, permissible safety lamps, or any other permissible portable illumination device.

§ 45.1-161.172. Underground illumination.

A. Electric-light wires shall be supported by suitable insulators or installed in conduit, fastened securely to the power conductors and shall not contact combustible materials.

B. Electric lights shall be installed so that they do not contact combustible materials.

C. Lamp sockets with exposed metal parts shall not be used underground.

§ 45.1-161.173. Inspection of electric illumination equipment.

All electric illumination equipment located underground shall be inspected by an authorized person at least once per week, and more often if necessary, to ensure safe operating conditions. Such equipment located at the surface shall be inspected by an authorized person at least once per month, and more often if necessary, to ensure safe operating conditions. Any defect found shall be corrected.

Article 10.
Personal Safety; Smoking.

§ 45.1-161.174. Checking system.

Each mine shall have a personnel checking system containing the following:

1. Every person underground shall have on his person means of positive identification bearing a number recorded by the operator;

2. An accurate record of the persons in the mine shall be kept on the surface in a place that will not be affected by an explosion;

3. The record shall consist of a written record, check board, lamp check, or time-clock record; and

4. The record shall bear a number identical to that carried by the person underground.

§ 45.1-161.175. Protective clothing.

A. All miners shall wear protective hats while underground and while in those areas on the surface where there is a danger of injury from falling objects.

B. Protective footwear shall be worn by miners while on duty in and around a mine where falling objects may cause injury.

C. All employees inside or outside of mines shall wear approved-type goggles or shields where there is a hazard from flying particles.

D. Welders and helpers shall use proper shields or goggles to protect their eyes.

E. Miners engaged in haulage operations and miners employed around moving equipment on the surface and underground shall wear snug-fitting clothing.

F. Protective gloves shall be worn when material which may injure the hands is handled. Gloves with gauntlet cuffs shall not be worn around moving equipment.

G. Miners exposed for short periods to hazards from inhalation of gas, dust, fumes, and mist shall wear approved respiratory equipment. When the exposure is for prolonged periods, adequate approved measures to protect miners or to reduce the hazard shall be taken.

§ 45.1-161.176. Noise levels and ear protection.

A. The Chief shall promulgate by regulation such feasible engineering controls and mining equipment noise levels as are deemed necessary. Such noise levels shall meet the minimum noise level standards established by the federal mine safety law.

B. Ear protectors shall be supplied by the operator to all miners upon request.

§ 45.1-161.177. Smoking materials prohibited; penalty.

A. No miner or other person shall smoke or carry or possess underground any smoker's articles or matches, lighters, or similar materials generally used for igniting smoker's articles. Any person convicted of a violation of this subsection shall be guilty of a Class 6 felony.

B. The operator shall institute a smoker search program, approved by the Chief, to ensure that any person entering the underground area of the mine does not carry smoking materials, matches, or lighters.

C. This section shall not prohibit the possession of equipment used solely for the operation of flame safety lamps or for welding or cutting.

§ 45.1-161.178. Allowing persons to work in a mine with smoker's articles; penalty.

A. No operator, agent, or mine foreman shall knowingly permit any person in an underground coal mine to smoke, carry or possess any smoker's articles or materials used for igniting smoker's articles.

B. Any person convicted of a violation of this section shall be guilty of a Class 6 felony.

§ 45.1-161.179. Posting of notice.

The operator, or his agent, shall display, in bold-faced type, on a sign placed at the mine office, bath house, and on a bulletin board at the mine site, the following notice:

NOTICE

IT IS UNLAWFUL FOR A MINER OR OTHER PERSON IN AN UNDERGROUND COAL MINE TO SMOKE OR CARRY OR POSSESS UNDERGROUND ANY SMOKER'S ARTICLES OR MATCHES, LIGHTERS, OR SIMILAR MATERIALS GENERALLY USED FOR IGNITING SMOKER'S ARTICLES. A VIOLATION IS PUNISHABLE AS A CLASS 6 FELONY.

§ 45.1-161.180. Smoking in surface and other areas.

A. No miner or other person shall smoke, carry or possess any smoker's articles, or carry an open flame in or near any magazine for the storage of explosive materials.

B. No miner or other person shall smoke in or around oil houses, tipples, and other surface areas where such practice may cause a fire or explosion.

Article 11.
Electricity.

§ 45.1-161.181. Surface electrical installations.

A. Overhead high-potential power lines shall be placed at least fifteen feet above the ground and twenty feet above driveways and haulageways, shall be installed on insulators, and shall be supported and guarded to prevent contact with other circuits.

B. Surface transmission lines including trolley circuits shall be protected against short circuits and lightning. Each exposed power circuit that leads underground shall be equipped with approved lightning arrestors at the point where the circuit enters the mine.

C. Electric wiring in surface buildings shall be installed so as to prevent fire and contact hazards.

§ 45.1-161.182. Surface transformers.

A. Surface transformers which are not isolated by elevation of eight feet or more above the ground shall be enclosed in a transformer house or surrounded by a suitable fence at least six feet high. If the enclosure or fence is of metal, it shall be grounded effectively. The door to the enclosure or the gate to the fence shall be kept locked at all times unless persons authorized to enter the gate or enclosure are present.

B. Surface transformers containing flammable oil and installed near mine openings, in or near combustible buildings, or at other places where they present a fire hazard shall be provided with means to drain or to confine the oil in the event of rupture of the transformer casing.

§ 45.1-161.183. Underground transformers.

All transformers used underground shall be air-cooled or filled with nonflammable liquid or inert gas.

§ 45.1-161.184. Stations and substations.

A. Suitable danger signs shall be posted conspicuously at all transformer stations.

B. All transformer stations, substations, battery-charging stations, pump stations, and compressor stations shall be kept free of nonessential combustible materials and refuse.

C. Reverse-current protection shall be provided at storage-battery-charging stations to prevent the storage batteries from energizing the power circuits in the event of power failure.

§ 45.1-161.185. Ventilation of underground stations.

A. Battery-charging stations, motor generator sets, rotary converters, and oil-filled transformers and switches used underground, except rectifiers, shall be housed in fireproof buildings ventilated by a separate split of air direct to the main return; however, portable or semiportable battery charging units may be operated in intake air if a minimum of 15,000 cubic feet of air per minute is circulating for one tray of batteries and 5,000 cubic feet of air per minute additional for each tray added.

B. All housings enclosing oil switchgear shall be ventilated effectively.

§ 45.1-161.186. Power circuits.

A. All underground power wires and cables shall have adequate current-carrying capacity, shall be guarded from mechanical injury, and shall be installed in a permanent manner.

B. Wires and cables not encased in armor shall be supported by well installed insulators and shall not touch combustible materials, roof, or ribs; however, this shall not apply to ground wires, grounded power conductors, and trailing cables.

C. Power wires and cables installed in rope-and-belt-haulage slopes shall be insulated adequately and buried in a trench not less than twelve inches below combustible material, unless encased in armor or otherwise fully protected against mechanical injury.

D. Splices in power cables shall be made in accordance with the following:

1. Mechanically strong with adequate electrical conductivity;

2. Effectively insulated and sealed so as to exclude moisture; and

3. If the cable has metallic armor, mechanical protection and electrical conductivity equivalent to that of the original armor.

E. All underground transmission cables shall be:

1. Installed only in regularly inspected airways;

2. Covered, buried, or placed on insulators so as to afford protection against damage by derailed equipment if installed along the haulage road;

3. Guarded where miners regularly work or pass under them unless they are six and one-half feet or more above the floor or rail, or are well insulated;

4. Securely anchored, properly insulated, and guarded at ends; and

5. Covered, insulated or placed to prevent contact with trolley circuits and other low-voltage circuits.

F. All power wires and cables shall be insulated adequately where they pass into or out of electrical compartments, where they pass through doors and stoppings, and where they cross bare power wires.

G. Where track is used as a power conductor:

1. Both rails of main-line tracks shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet. If the rails are paralleled with a feeder circuit of like polarity, such paralleled feeder shall be bonded to the track rails at intervals of not more than 1,000 feet;

2. At least one rail on secondary track-haulage roads shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet;

3. Track switches on entries shall be well bonded; and

4. Rails shall not be used as power conductors in rooms underground.

§ 45.1-161.187. Trolley wires and feeder wires.

A. Trolley wires and trolley feeder wires shall be installed on the side of the entry opposite the clearance space and shelter holes, except where the wires are guarded or six and one-half feet or more above the top of the rail.

B. Trolley-wire hangers shall be so spaced that the wire may become detached from any one hanger without creating a shock hazard.

C. Trolley wires shall be aligned properly and installed on insulated hangers at least six inches outside the rail.

D. Trolley wires and trolley feeder wires shall be provided with cut-out switches at intervals of not more than 1,500 feet and near the beginning of all branch lines.

E. Trolley wires and trolley feeder wires shall be kept taut and not permitted to touch the roof, ribs, timbers or any combustible material.

F. Trolley wires and trolley feeder wires shall be guarded adequately at both sides of doors and at all places where it is necessary to work or pass under them, unless they are more than six and one-half feet above the top of the rail.

G. Trolley wires and trolley feeder wires shall not be installed in rooms.

H. Trolley wires and trolley feeder wires shall not extend beyond any open breakthrough between intake and return airways, and shall be kept at least 150 feet from any active, open pillar workings.

I. Trolley wires and trolley feeder wires shall be guarded, anchored securely, and insulated properly at the ends.

J. Trolley wires and trolley feeder wires shall be installed only in intake air.

K. Trolley wires or other exposed conductors shall not carry more than 300 volts.

§ 45.1-161.188. Grounding.

A. All metallic sheaths, armors, and conduits enclosing power conductors shall be electrically continuous throughout and shall be grounded effectively.

B. Metallic frames, casing, and other enclosures of stationary electric equipment that can become "alive" through failure of insulation or by contact with energized parts shall be grounded effectively, or equivalent protection shall be provided.

C. When electric equipment is operated from three-phase alternating current circuits originating in transformers connected to provide a neutral point, a continuous grounding conductor of adequate size shall be installed and connected to the neutral point and to the frames of the power-utilizing equipment. Such grounding conductors shall be grounded at the neutral point and at intervals along the conductor if feasible. A suitable circuit breaker or switching device shall be provided having a ground-trip coil connected in series with the grounding conductor to provide effective ground-fault tripping.

§ 45.1-161.189. Circuit breakers and switches.

A. Automatic circuit breaking devices or fuses of the correct type and capacity shall be installed so as to protect all electric equipment and power circuits against excessive overload; however, this shall not apply to locomotives operated regularly on grades exceeding five percent. Wires or other conducting materials shall not be used as a substitute for properly designed fuses, and circuit breaking devices shall be maintained in good operating condition.

B. Operating controls, such as switches, starters, and switch buttons, shall be so installed that they are readily accessible and can be operated without danger of contact with moving or live parts.

C. Disconnecting switches shall be installed underground in all main power circuits within approximately 500 feet of the bottoms of shafts and boreholes, and at other places where main power circuits enter the mine.

D. Electric equipment and circuits shall be provided with switches or other controls of safe design, construction and installation.

E. Dry wooden platforms, insulating mats, or other electrically nonconductive material shall be kept in place at each switchboard, power-control switch, and at stationary machinery where shock hazards exist.

F. Resistors or rheostats shall be installed in such a manner as not to create a fire hazard, and shall be guarded adequately against personal contact.

G. When not in use, power circuits underground shall be de-energized on idle days and idle shifts or protected against short circuits in accordance with the load on such circuits.

H. Electric parts, such as switches, circuit breakers, rheostats, relays and fuses, shall be installed on switchboards or mounted on incombustible bases of slate or equivalent insulating material.

§ 45.1-161.190. Switchboards.

A. Switchboards shall be located so that ample room will be provided between the switchboard and passageways or lanes of travel and shall have an entrance at each end to permit authorized persons to inspect, adjust, or repair apparatus back of the board.

B. Switchboards shall have the entrance to the rear guarded against entrance of unauthorized persons, unless in a building that is kept locked.

C. Switchboards shall be well lighted for switch operations in the front and for repair and maintenance in the rear.

D. Rooms housing switchboards shall not be used for the storage of combustible materials, and shall be kept free of debris and refuse.

E. Suitable danger signs shall be posted conspicuously at all high-potential switchboard installations.

§ 45.1-161.191. Communication systems.

A. Telephone service or equivalent two-way communication facilities shall be provided between the top and each landing of main shafts and slopes. A telephone or equivalent two-way communication facility shall be located on the surface within 500 feet of all main portals, and shall be installed either in a building or in a box-like structure designed to protect the facilities from damage by inclement weather. At least one of these communication facilities shall be at a location where a competent person who is always on duty when miners are underground can hear the facility and respond immediately in the event of an emergency.

B. Telephone lines, other than cables, shall be carried on insulators, installed on the opposite side from power or trolley wires, and where they cross power or trolley wires, they shall be insulated adequately.

C. Lightning arrestors shall be provided at the points where telephone circuits enter the mine and at each telephone on the surface.

D. If a communication system other than telephones is used and its operation depends entirely upon power from the mine electric system, means shall be provided to permit continued communication in the event the mine electric power fails or is cut off.

E. Communication systems providing both audible and visual signals that become operative when telephone communication is being established between the phones of the communication station on the surface and the underground working sections shall be permitted. Any system installed pursuant to the provisions of this subsection shall be approved by the Chief.

F. The Chief shall promulgate regulations governing any disruption of communication in mines.

§ 45.1-161.192. Signal wires.

A. Signal wires shall be supported on insulators where they cross power lines.

B. Bare signal wires that are readily accessible to personal contact shall not carry more than thirty volts.

§ 45.1-161.193. Electric equipment.

A. Electric equipment used in other than intake air shall be permissible equipment. Electric face equipment shall be permissible equipment.

B. Permissible equipment used in underground mines shall be maintained in permissible condition.

C. Electric equipment shall not be taken into or operated in any place where a methane level of one percent or more is detected.

D. Underground installations of electric face equipment shall not exceed 300 volts direct current. Alternating current circuit installations shall be provided with necessary safety devices and components, and shall be subject to the approval of the Chief.

§ 45.1-161.194. Trailing cables.

A. Trailing cables purchased for or transferred to any mine for use underground shall be flame-resistant cables.

B. Trailing cables shall be provided with suitable short-circuit protection and means of disconnecting power from the cable. Power connections made in other than intake air shall be by means of permissible connectors.

C. Temporary splices in trailing cables shall be made in a workmanlike manner, mechanically strong, and well insulated.

D. No more than one temporary, unvulcanized splice shall be allowed in a trailing cable.

E. Permanent splices in trailing cables shall be made as follows:

1. They shall be mechanically strong with adequate electrical conductivity and flexibility;

2. They shall be effectively insulated and sealed so as to exclude moisture; and

3. The finished splice shall be vulcanized or otherwise treated with suitable materials to provide flame-resistant properties and good bonding to the outer jacket.

F. Trailing cables shall be protected against mechanical injury.

§ 45.1-161.195. Inspection of electric equipment and wiring; checking and testing methane monitors.

A. Electric equipment and wiring shall be inspected by a certified person at least weekly if located underground, and at least monthly if located on the surface, and more often if necessary to assure safe operating conditions, and any defect found shall be corrected. Records of such examination shall be maintained at the mine for a period of one year.

B. The Chief may require the operator to functionally check on a daily basis methane monitors on electrical face equipment to determine that such monitors are de-energizing the electrical face equipment properly. Such check shall be made on each production shift and shall be conducted by the equipment operator in the presence of a mine foreman, and shall be recorded in the on-shift report of the mine foreman pursuant to § 45.1-161.213.

C. The Chief may require the operator to perform weekly calibration tests on methane monitors on electrical face equipment to determine the accuracy and operation of such monitors.

§ 45.1-161.196. Repairs to circuits and electric equipment.

All power circuits and electric equipment shall be de-energized before repairs are made, and shall also be tagged and locked out by each miner exposed to risk should the electric circuit or equipment be energized; however, miners may, where necessary, repair energized trolley wires if they wear insulated shoes and lineman's gloves. This shall not prohibit qualified repairmen from having power on equipment for making checks on such equipment.

Article 12.
First Aid Equipment; Medical Care; Emergency Medical Services Personnel.

§ 45.1-161.197. First aid equipment.

A. Each mine shall have an adequate supply of first-aid equipment as determined by the Chief. Such supplies shall be located on the surface, at the bottom of shafts and slopes, and at other strategic locations near the working faces, as shall be prescribed by the Chief. The first aid supplies, other than blankets, splints, and properly constructed stretchers in good condition, shall be encased in suitable sanitary receptacles designed to be reasonably dust-tight and moisture-proof. The supplies shall be available for use of all persons employed in the mine. No first aid material shall be removed or diverted without authorization except in case of injury at the mine.

§ 45.1-161.198. Attention to injured persons.

A. When an injury occurs underground, the injured person shall be brought promptly to the surface. Prompt medical attention shall be provided in the event of injury, and adequate facilities shall be made available for transporting injured persons to a hospital if necessary.

B. Safe transportation shall be provided to carry an injured person from the site where the injury occurred to the surface of the mine.

§ 45.1-161.199. Certified emergency medical services personnel.

At least one person who is a working coal miner and who has been certified by the State Board of Health as possessing the qualifications of an emergency medical technician or an emergency medical services first responder shall be located so as to be available for duty at each mine when miners are working at that mine. Such emergency medical services personnel shall be utilized in sufficient numbers to assure that workers in any mine location can be reached by them within such reasonable time as is determined by the Chief. Emergency medical services personnel shall have available to them at all times the necessary equipment, as specified by the Chief, for prompt response to emergencies. In the event that at any time there is at any mine an insufficient number of qualified miners volunteering to serve as emergency medical services personnel as provided for in this section, the operator may elect to utilize the services of first aid trainees, in such numbers as the Chief determines to be appropriate. Telephone or equivalent facilities shall be installed to provide two-way voice communication between the emergency medical services personnel and medical personnel outside the mine.

Article 13.
Fire Prevention and Fire Control.

§ 45.1-161.200. Fire-fighting equipment.

A. Each mine shall be provided with suitable fire-fighting equipment, adequate for the size of the mine.

B. The following equipment, at a minimum, shall be immediately available at each mine:

1. A water car filled with water and provided with hose and pump, or waterlines and necessary hoses;

2. At least three twenty-pound dry chemical fire extinguishers;

3. Ten fifty-pound bags of rock dust, available at doors or other strategic places;

4. Bolt cutters which may be used to cut trolley wire in an emergency;

5. One pair of rubber gloves to be used with bolt cutters when cutting trolley wire;

6. Two sledge hammers; and

7. Five hundred square feet of brattice cloth, nails and hammer.

C. Clean dry sand, rock dust, or fire extinguishers, suitable from a toxic and shock standpoint, shall be provided and placed at each electrical station, such as substations, transformer stations and permanent pump stations, so as to be out of the smoke in case of a fire in the station.

D. Suitable fire extinguishers shall be provided on all self-propelled mobile equipment, at belt heads, and at the inby end of belts.

E. A sufficient number of approved one-hour self-contained self-rescuers shall be readily available, not more than 100 feet away, for the persons involved in the moving or transporting of any unit of off-track mining equipment.

§ 45.1-161.201. Duties in case of fire.

A. In case of a fire, the next inby permanent stopping into the return air course shall be opened, as soon as possible, in order to short circuit the air and permit close access to the fire for extinguishment.

B. When a fire that may endanger persons underground cannot be extinguished immediately, the persons shall be withdrawn promptly from the mine.

C. Should a fire occur, the person discovering it and any person in the vicinity of the fire shall make a prompt effort to extinguish it.

§ 45.1-161.202. Emergency response plans; list of next of kin.

A. Operators shall develop an emergency response plan for each mine. The plan shall include (i) a fire communication plan, (ii) an evacuation procedure, (iii) the identification of waterlines, (iv) the number system of brattice, (v) the location of escapeways, and (vi) such other information relating to fire evacuation planning as the Chief may reasonably require.

B. The operator shall maintain a list of the next of kin of all miners employed at the mine. The list shall be kept at the mine site or at a central facility readily accessible to the mine.

C. An emergency response plan shall be subject to approval by the Chief or mine inspector.

D. The emergency response plan shall be posted in a conspicuous manner and place, readily accessible to all miners, underground and at the surface of the mine.

E. The operator shall train miners in the implementation of the emergency response plan and shall conduct practice drills. Records of dates and times of practice drills shall be maintained in the emergency response plan.

§ 45.1-161.203. Reporting fires; response.

Immediately upon knowledge of serious fire at a mine, the operator shall report to the Chief, by the quickest available means, all information known to him. The Chief, based on the information, shall promptly go in person or dispatch a mine inspector to the scene of the fire for consultation, and assist in the extinguishing of the fire and the protection of exposed persons. In the event of a difference of opinion as to measures required, the decision of the Chief or the mine inspector shall be final. The decision of the Chief regarding measures to extinguish the fire and protect persons shall have the force of an order issued pursuant to § 45.1-161.91 if delivered to the operator in writing.

§ 45.1-161.204. Fire prevention in transportation of mining equipment.

A. Prior to moving or transporting any unit of off-track mining equipment in areas of the active workings where energized trolley wires or trolley feeder wires are present: (i) the unit of equipment shall be examined by a certified person to ensure that accumulations of coal dust, float coal dust, loose coal, oil, grease, and other combustible materials have been removed from such unit of equipment; and (ii) a qualified person shall examine the trolley wires, trolley feeder wires, and the associated automatic circuit interrupting devices to ensure that proper short circuit protection exists.

B. A record shall be kept of the examinations and shall be made available, upon request, to the Chief or his authorized representative.

C. Off-track mining equipment shall be moved or transported in areas of the active workings where energized trolley wires or trolley feeder wires are present only under the direct supervision of a certified person who shall be physically present at all times during moving or transporting such equipment.

D. The frames of off-track mining equipment being moved or transported shall be covered on the top and on the trolley wire side with fire-resistant material.

E. Electrical contact shall be maintained between the mine track and the frames of off-track mining equipment being moved in-track and trolley entries, except that rubber-tired equipment need not be grounded to a transporting vehicle if no metal part of such rubber-tired equipment can come into contact with the transporting vehicle.

F. To avoid accidental contact with power lines, the equipment being transported or trammed shall be insulated or assemblage removed, if necessary, if the clearance to the power lines is six inches or less.

G. Sufficient prior notice shall be given the Department so that a mine inspector may travel the route of the move before the actual move is made, if he deems it necessary.

H. A minimum vertical clearance of twelve inches shall be maintained between the farthest projection of the unit of equipment which is being moved and the energized trolley wires or trolley feeder wires at all times during the movement or transportation of such equipment. If the height of the coal seam does not permit twelve inches of vertical clearance to be so maintained, the following additional precautions shall be taken:

1. Electric power shall be supplied to the trolley wires or trolley feeder wires only from outby the unit of equipment being moved or transported. Where direct current electric power is used and such electric power can be supplied only from inby the equipment being moved or transported, power may be supplied from inby such equipment if a miner with the means to cut off the power, and in direct communication with persons actually engaged in the moving or transporting operation, is stationed outby the equipment being moved;

2. The settings of automatic circuit interrupting devices used to provide short circuit protection for the trolley circuit shall be reduced to not more than one-half of the maximum current that could flow if the equipment being moved or transported were to come into contact with the trolley wire or trolley feeder wire;

3. At all times when the unit of equipment is being moved or transported, a miner shall be stationed at the first automatic circuit breaker outby the equipment being moved. Such miner shall be (i) in direct communication with persons actually engaged in the moving or transporting operation and (ii) capable of communicating with the authorized person on the surface required to be on duty;

4. Where trolley phones are utilized to satisfy the requirements of subdivision 3 of this subsection, telephones or other equivalent two-way communication devices that can readily be connected with the mine communication system shall be carried by the miner stationed at the first automatic circuit breaker outby the equipment being moved and by a miner actually engaged in the moving or transporting operation; and

5. No person shall be permitted to be inby the unit of equipment being moved or transported, or in the ventilating current of air that is passing over such equipment, except those persons directly engaged in moving such equipment.

The provisions of this subsection shall not apply to units of mining equipment that are transported in mine cars, provided that no part of the equipment extends above or over the sides of the mine car.

§ 45.1-161.205. Storage and use of flammable fluids and materials.

A. Underground storage places for oil, grease and flammable hydraulic fluid shall be of fireproof construction.

B. Oil, grease and flammable hydraulic fluid kept underground for current use shall be in closed metal containers.

C. Provisions shall be made to prevent accumulation of spilled oil or grease at the storage places or at the locations where such materials are used.

D. Oily rags, oily waste, and wastepaper shall be kept in closed metal containers until removed for disposal.

E. No gasoline, benzene, kerosene or other flammable oils shall be used underground in powering machinery without the written approval of the Chief.

§ 45.1-161.206. Diesel powered equipment.

Diesel powered equipment may be utilized underground with the written approval of the Chief. The Chief shall promulgate regulations necessary to carry out the provisions of this section. The regulations shall require that the air in each haulageway in which diesel equipment is used, and in any active workings connected thereto, be of a quality necessary for a safe, healthful working environment. The minimum quantity of ventilating air that must be supplied for a permissible diesel machine in a given time shall conform to that shown on the approval plate attached to the machine. All diesel machines and equipment shall be maintained in such manner that the exhaust emissions meet the same standards to which the machine or equipment was manufactured.

§ 45.1-161.207. Arcs, sparks and flames.

A. The intentional creation of any open arc, open spark or open flame, except as provided in subsection B, shall be prohibited.

B. Welding and cutting with arc or flame or soldering underground in other than a fireproof enclosure ventilated with intake air shall be done only under the direct supervision of a competent person. Such person shall test for methane before and during such operations in underground mines and shall make a diligent search for fire after such operation in all mines. Rock dust or suitable fire extinguishers shall be immediately available during such welding or cutting. Welding operations shall be performed only in well ventilated areas.

Article 14.
Ventilation, Mine Gases and Other Hazardous Conditions.

§ 45.1-161.208. Pre-shift examinations.

A. Within three hours preceding the beginning of any shift and before anyone on the oncoming shift, other than a mine foreman conducting examinations required by this section, enters any underground area of a mine, a mine foreman shall make a pre-shift examination.

B. During the pre-shift examination, the mine foreman shall (i) examine for hazardous conditions, (ii) test for methane and oxygen deficiency with a suitable permissible device, and (iii) determine whether the air is traveling in its regular course and in sufficient volume in each split, at the following locations which are underground:

1. Roadways, track haulageways, and other areas where persons are scheduled to work or travel during the oncoming shift;

2. Belt conveyors that will be used to transport persons during the oncoming shift and the entries in which these belt conveyors are located;

3. Working sections and areas where mechanized mining equipment is being installed or removed, if anyone is being scheduled to work on the section or in the area during the oncoming shift. This includes working places, approaches to worked-out areas, and ventilation controls on these sections or in these areas;

4. Approaches to worked-out areas along intake air courses if intake air passes by the worked-out area to ventilate working sections where anyone is scheduled to work during the oncoming shift;

5. Seals along intake air courses where intake air passes by a seal to ventilate working sections where anyone is scheduled to work during the oncoming shift;

6. Entries and rooms driven more than twenty feet off an intake air course without a crosscut or more than two crosscuts off an intake air course without permanent ventilation controls where intake air passes through or by these entries or rooms to a working section where anyone is scheduled to work during the oncoming shift; and

7. Where unattended diesel equipment is to operate or areas where trolley wires or trolley feeder wires are to be or will remain energized during the oncoming shift.

C. During the pre-shift examination, the mine foreman shall determine the volume of air entering each of the following areas if a miner is scheduled to work in the areas during the oncoming shift:

1. In the last open crosscut, which means the crosscut in the line of pillars containing the permanent stoppings that separate the intake air courses and the return air courses, of each set of entries or rooms on each working section and areas where mechanized mining equipment is being installed or removed;

2. On each longwall or shortwall in the intake entry or entries at the intake end of the longwall or shortwall face immediately outby the face and the velocity of air at each end of the face at the locations specified in the approved ventilation plan required by the federal mine safety law; and

3. At the intake end of any pillar line (i) if a single split of air is used, in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined, or (ii) if a split system is used, in the intake entries of each split immediately inby the split point.

D. A mine foreman shall make a pre-shift examination of surface areas of underground coal mines in accordance with the requirements for pre-shift examinations at surface coal mines as provided in § 45.1-161.256.

E. The Chief may require the mine foreman to examine other areas of the mine or examine for other hazards during the pre-shift examination.

F. Any area of the mine where hazardous conditions are found shall be posted with a conspicuous danger sign where anyone entering the area would pass. Only persons designated by the operator, or his agent, to correct or evaluate the condition may enter this posted area.

G. At each working place examined, the mine foreman shall certify by initials, date, and time, that the examination was made. In areas to be examined outby a working section, the mine foreman shall certify by initials, date, and time at enough locations to show that the entire area has been examined.

H. Idle and abandoned areas underground shall be inspected for gas and other dangerous conditions by a mine foreman, immediately before miners are permitted to enter or work in such places. A certified person shall supervise the correction of conditions that create an imminent or serious danger. The mine operator, or his agent, may pass beyond the danger signal only in cases of necessity.

I. The mine foreman shall place a danger signal or light at the mine entrance upon commencing his pre-shift examination. No miner shall pass this danger signal until the examination has been completed and the mine foreman reports the mine to be clear of danger; however, miners may enter under the direction of the mine foreman for the purpose of making the mine safe. The Chief shall have the authority in certain mines, in his discretion, to authorize man-trips to proceed to a designated station underground, from which they may not pass until the mine foreman reports the remainder of the areas of the mine to be clear of danger.

J. Miners regularly employed on a shift during which a pre-shift examination is being conducted shall be permitted to leave or enter the mine in the performance of their duties.

K. In multiple shift operations, certified persons may be used to make the pre-shift examination for the next or succeeding shift.

L. Areas of inactive underground coal mines shall be examined for gas and other dangerous conditions by a mine foreman immediately before miners are permitted to enter such areas to take emergency actions to preserve a mine.

M. In the performance of his duties under this section, the mine foreman shall have no superior officer, and all miners shall be subordinate to him.

§ 45.1-161.209. On-shift examinations.

A. At least once during each shift, and more often if necessary, a certified person shall examine each underground section where coal is produced and any other area where mechanized mining equipment is being installed or moved during the shift. The certified person shall (i) examine for hazardous conditions, (ii) test for methane and oxygen deficiency with a suitable permissible device, and (iii) determine whether the air is traveling in its regular course and in sufficient volume in each split. Hazardous conditions shall be corrected immediately or the miners shall be withdrawn and the affected area plainly marked with "danger" signs.

B. During each shift that coal is produced, a certified person shall examine for hazardous conditions along each underground belt conveyor haulageway where a belt conveyor is operated. This examination may be conducted at the same time as the pre-shift examination of the belt conveyors and the belt conveyor haulageways, if the examination is conducted within three hours before the oncoming shift.

C. Persons conducting the on-shift examination shall determine at the following locations which are underground:

1. The volume of air in the last open crosscut, which means the crosscut in the line of pillars containing the permanent stoppings that separate the intake air courses and the return air courses, of each set of entries or rooms on each working section and areas where mechanized mining equipment is being installed or removed;

2. The volume of air on a longwall or shortwall, including areas where longwall or shortwall equipment is being installed or removed, in the intake entry or entries at the intake end of the longwall or shortwall;

3. The velocity of air at each end of the longwall or shortwall face at the locations specified in the approved ventilation plan required pursuant to the federal mine safety law; and

4. The volume of air at the intake end of any pillar line (i) where a single split of air is used, in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined, or (ii) if a split system is used, in the intake entries of each split immediately inby the split point.

D. Where intake air is coursed by seals of abandoned areas, such seals shall be leakproof and shall be inspected by a certified person at least once per shift.

E. Inspections for methane shall be made before any electrically driven equipment is taken or operated inby the last open breakthrough. Tests shall be made for methane at least once every twenty minutes while such equipment is in operation, or more often if necessary.

F. Idle or abandoned areas underground, including section belts that have been idle for a period of twenty-four hours, shall be examined by a certified person immediately before miners are permitted to enter or work in such areas.

G. Examination for gas shall be made by a certified person or competent person (i) before taking loading or cutting machines inby the open breakthrough nearest the face; (ii) before applying power to machinery that remains at or near the face at not more than twenty-minute intervals during cutting, drilling, or mechanical loading; (iii) before drilling with electric drills; (iv) before blasting; (v) after blasting, before other work is resumed; and (vi) at such other times as may be necessary or designated by the operator or mine inspector for adequate safety.

H. Examination for dangerous conditions shall be made by an authorized person (i) before taking loading or cutting machines inby the open breakthrough nearest the face; (ii) before applying power to machinery that remains at or near the face; (iii) before drilling with electric drills; (iv) before blasting; (v) after blasting, before other work is resumed; and (vi) at such other times as may be necessary or designated by the operator or mine inspector for adequate safety.

I. Pillar workings shall be examined by a certified person for methane and other dangers before a fall is made purposely. If methane can be detected at a level of one percent or greater with a permissible methane detection device, it shall be removed, if possible before the fall is made. Where it is not practicable to remove the gas before such fall is made, all electric power shall be cut off that portion of the mine that might be affected, and all miners except those necessary to complete the fall shall be removed from such area.

J. Daily and on-shift examinations of surface areas of underground coal mines shall be made in accordance with the requirements for daily and on-shift examinations at surface coal mines as provided in § 45.1-161.256.

§ 45.1-161.210. Weekly examinations.

A. A mine foreman shall, at least once each week, travel and examine all the air courses, roads, and openings that give access to abandoned areas or falls. Any dangerous condition that cannot be removed within a reasonable time shall be reported to the Chief by the quickest available means.

B. At least once each week, a certified person shall measure the volume of air entering the main intakes and leaving the main returns, the volume passing through the last open crosscut in each active entry, the volume being delivered to the intake end of each pillar line, and the volume at the intake and return of each split. A record of such measurements shall be kept in a book on the surface, and the record shall be open for inspection by interested persons.

C. Examinations for dangerous conditions, including tests for methane with a permissible methane detector, or by other permissible device shall be made at least once each week, or more frequently as required by the bleeder system plan pursuant to § 45.1-161.220, by the mine foreman or other certified person designated by him. Such examinations and tests shall be made in the return of each split where it enters the main return, or pillar falls, at seals, in the main return, at least one entry of each intake and return airway in its entirety, idle workings, and, insofar as conditions permit, abandoned areas. The person making such examinations and tests shall mark his initials and the date at the places examined, and if dangerous conditions are found, they shall be reported promptly. A record of these examinations and tests shall be kept at the mine.

D. The weekly examination is not required during any seven-day period in which no person enters any underground area of the mine.

E. Except for certified persons required to make examinations, no person shall enter any underground area of a coal mine if the weekly examination has not been completed within the preceding seven days. The weekly examination may be conducted at the same time as the pre-shift examination.

F. Examinations of surface areas of underground coal mines shall be made in accordance with the requirements for weekly examinations at surface coal mines as provided in § 45.1-161.256.

§ 45.1-161.211. Examinations of fans.

A. A daily inspection shall be made of all main fans and machinery connected therewith by an authorized person. The person making the examination shall make a record of the same in a book prescribed for this purpose or by adequate facilities provided to permanently record the performance of the main fan and to give warning of an interruption to a fan.

B. Places ventilated by means of blower fans shall be examined for methane by a certified person before the fan is started at the beginning of the shift and after any interruption of fan operation for five minutes or more during the shift.

C. The blower fan and tubing shall be inspected at least twice during each working shift by a certified person.

§ 45.1-161.212. Record of pre-shift examinations.

Upon completing his pre-shift examination, the mine foreman shall return to the surface or a designated station underground and report in person to an authorized person before other miners enter the mine. Immediately upon reaching the surface, the mine foreman shall record in ink or indelible pencil the result of his inspection in a book kept on the surface for that purpose.

§ 45.1-161.213. Record of other examinations.

A. The mine foreman shall read and countersign promptly the daily reports of certified persons, and he shall read and countersign promptly the weekly report covering the examinations for dangerous conditions. Where such reports disclose dangerous conditions, the mine foreman shall take prompt action to have such conditions corrected. The operator, or his agent, shall also read and countersign promptly the daily and weekly reports of the certified persons.

B. Each day, the mine foreman shall enter a report of the condition of the mine or portion thereof under his supervision, which report shall state clearly the location and nature of any danger observed by him during an on-shift examination or otherwise reported to him during the day, and the report shall state what action, if any, was taken to remedy such danger.

C. All records of daily and weekly reports shall be open for inspection by interested persons.

D. A mine foreman or other certified person conducting an examination shall record the results of his examination in ink or indelible pencil in a book kept on the surface for that purpose. The level of methane detected in any examination shall be recorded in the book. If the methane level detected is less than one-tenth of one percent, the entry shall state "less than 0.1 percent detected." Similar records may be kept at designated stations or offices underground. Any entries made in this book by a certified person other than the mine foreman shall be countersigned daily by the mine foreman.

§ 45.1-161.214. Notice of dangerous conditions.

The mine foreman shall give prompt attention to the removal of all dangers reported to him by any person working in the mine. If it is impracticable to remove the danger at once, he shall notify every person whose safety is menaced thereby to remain away from the portion of the mine where the dangerous condition exists.

§ 45.1-161.215. Notice of monitor tampering prohibition.

The operator or agent, shall display, in bold-faced type, on a sign placed at the mine office, at the bath house, and on a bulletin board at the mine site, the following notice:

NOTICE: IT IS UNLAWFUL TO DISTURB, DISCONNECT, BYPASS, IMPAIR, OR OTHERWISE TAMPER WITH METHANE MONITORS OR OTHER DEVICES CAPABLE OF DETECTING THE PRESENCE OF EXPLOSIVE GASES IN AN UNDERGROUND COAL MINE. A VIOLATION IS PUNISHABLE AS A CLASS 6 FELONY.

§ 45.1-161.216. Main fans.

A. The active workings of a mine shall be ventilated by means of main fans.

B. Main fans shall be (i) provided with pressure-recording gauges, (ii) installed on the surface in fireproof housings, and (iii) equipped with fireproof air ducts.

C. In addition to the requirements of subsection B, main fans shall either:

1. Be equipped with ample means of pressure relief, and be offset not less than fifteen feet from the nearest side of the mine opening; or

2. Be directly in front of, or over, the mine opening; however, the opening shall not be in direct line with possible forces coming out of the mine should an explosion occur, and there shall be another opening having a weak-wall stopping or explosion doors that would be in direct line with the forces coming out of the mine should an explosion occur, such opening to be not less than fifteen feet nor more than 100 feet from the fan opening.

D. Main mine fans shall be installed to permit the reversal of airflow. Unless such fan is attended constantly, it shall be provided with an automatic device to give alarm when the fan slows down or stops. This device shall be placed so that it will be seen or heard by an authorized person.

E. Main fans shall be on separate power circuits, independent of the mine circuit.

F. The area surrounding main fan installations shall be kept free of combustible material for at least 100 feet in all directions where physical conditions permit.

G. Except for repairs, main fans shall be operated continuously day and night unless written permission is granted by the Chief for planned stoppages. If the main fan is stopped after all miners are out of the mine, the fan shall be operated for a period of at least two hours before any miner is allowed underground.

H. Where electric power is available, main mine fans shall not be powered by means of internal combustion engines; however, where electric power is not available or for emergency use, main mine fans may be powered with internal combustion engines, if (i) the fan shall be operated exhausting, unless otherwise permitted by the Chief, and (ii) the engine operating the fan shall be offset at least ten feet from the fan and housed in a separate fireproof structure.

§ 45.1-161.217. Fan stoppage plan.

A fan stoppage plan shall be prepared for each mine, which plan shall be subject to approval by the Chief or his designated representative. Failure to comply with requirements set forth in the approved plan will be a violation of this section. Fan stoppage plans shall require the following:

1. When the main fan fails or stops, the power shall be cut off from the mine and miners shall be withdrawn from the face areas.

2. Miners shall be withdrawn from the underground areas if the ventilation is not restored within a reasonable time determined by the Chief, which period of time shall not exceed fifteen minutes. In determining the reasonable time period, the Chief shall consider, among other things, the size and number of fans, and the methane liberation rate of the mine.

3. If ventilation is restored within the time period established in the plan, the face areas and other areas where methane is likely to accumulate shall be examined by a certified person, and if the areas are found to be free of explosive or harmful gases, power may be restored and work resumed.

4. If ventilation is not restored within the time period established in the plan and the miners are evacuated from the mine, the main fan shall be operated for a period of time specified in the plan, which shall not be less than fifteen minutes. Thereafter the mine shall be examined by a certified person before miners shall be permitted underground or energizing power circuits.

§ 45.1-161.218. Booster fans.

A. The installation or use of booster fans in any mine shall be prohibited, without the prior written approval of the Chief.

B. The Chief shall prescribe the safeguards and conditions required for his approval of the use of booster, auxiliary or blower fans with tubing or diffuser, and to make acceptance and compliance with the requirements a condition of the approval. Failure to comply with requirements set forth in the approval will be a violation of this section.

C. Blower fans with tubing shall not be used underground except to ventilate shaft and slope-sinking operations and their underground connections, the faces of fork tunnels driven between two coal beds or through faults and wants. Where permitted, blower fans with tubing shall be used as follows:

1. Each fan shall be powered with a permissible driving unit and installed on the intake-air side of the entrance of the place to be ventilated not less than sixteen feet from the nearest rib of such entrance;

2. The volume of air in which the fan is placed shall exceed the manufacturers' maximum rated capacity of the fan;

3. The fan tubing shall be maintained in good condition;

4. The discharge end of the tubing shall be kept as close to the face as is practical; and

5. Accumulation of methane shall not be moved by means of a blower fan and tubing, except in mines using auxiliary fans for ventilation.

§ 45.1-161.219. Volume of air.

A. The quantity of air passing through the last open crosscut in any pair or set of active entries, and through the last crosscut between the intake and return in any set of entries, shall be not less than 9,000 cubic feet per minute; provided, however, that the quantity of air reaching the last crosscut in any pair or set of entries in pillar-recovery sections may be less than 9,000 cubic feet per minute, if at least 9,000 cubic feet of air per minute is being delivered to the intake end of the pillar line.

B. The air current at working faces shall under all conditions have a sufficient volume and velocity to readily dilute and carry away smoke from blasting and any flammable or harmful gases.

§ 45.1-161.220. Bleeder systems.

All mines shall have a system, which has been approved by the Chief, of bleeder openings of air courses designed to provide positive movement of air through or around abandoned or caved areas which is sufficient to prevent a dangerous accumulation of gas in such areas and to minimize the effect of variations in atmospheric pressure. Operators shall submit bleeder system plans which comply with requirements developed by the Chief. The system requirements developed by the Chief shall, at a minimum, address standards for (i) supplemental roof supports, (ii) water accumulation, (iii) continuous movement of gases from gob areas, (iv) methane content, (v) the use and operation of degasification systems, (vi) air flow direction, and content, and (vii) ventilation controls. The Chief shall not approve a plan which provides for a methane content exceeding four and one-half percent in bleeder air courses. Failure to comply with an approved plan will be a violation of this section. This section shall not prohibit the sealing of abandoned areas in accordance with § 45.1-161.228.

§ 45.1-161.221. Coursing of air.

A. The main intake and return air currents of drifts or slope mines shall not be in a single partitioned opening.

B. All entries driven in coal shall be in sets of two or more.

C. Permanently installed underground battery-charging stations, substations, transformer stations, and stations for electrically operated pumps and compressors shall be ventilated by separate splits of air conducted directly to the main return air courses. Portable substations and battery-charging stations shall be in well ventilated places.

D. Changes in ventilation that materially affect the main air current or any split thereof shall be made when the mine is not in operation and there are no miners in the mine other than those engaged in changing the ventilation.

E. No more than seventy miners shall be on the same air current or split.

F. Each section in a mine shall be ventilated by a separate split of air, unless permission is granted by the Chief to ventilate two or more sections with the same split of air.

§ 45.1-161.222. Quality of air.

A. Mine air in which miners work or travel shall contain at least nineteen and five-tenths percent oxygen, not more than five-tenths percent carbon dioxide, and shall not be contaminated with noxious or poisonous gases.

B. If the air immediately returning from a split that ventilates any group of active areas contains more than one percent methane, as determined by a permissible methane detector, or other suitable permissible device, the ventilation shall be improved.

C. Unless otherwise provided in subsection D, if a split of air returning from areas where coal is being extracted or is capable of being extracted, haulageways, and beltways contains one and five-tenths percent of methane, as determined by a permissible methane detector or other suitable permissible device, the miners shall be withdrawn from the portion of the mine endangered thereby, and all power shall be cut off from such portion of the mine, until the quantity of methane in such split shall be less than one and five-tenths percent.

D. In virgin territory in mines ventilated by exhaust fans where methane is liberated in large amounts, it shall be necessary to withdraw the miners and cut off all power from the portion of the mine endangered by such methane when the air returning from such workings contains more than two percent methane, as determined by a permissible methane detector, or other suitable permissible device, if (i) the quantity of air in a split ventilating the workings in such territory equals or exceeds 18,000 cubic feet per minute; (ii) only permissible electric equipment is used in such workings; (iii) the air in the split returning from such workings does not pass over trolley or other bare power wires; and (iv) a certified person designated by the operator is continually testing the gas content of the air in such split during mining operations in such workings.

§ 45.1-161.223. Breakthroughs.

A. Breakthroughs shall be made between entries and between rooms at intervals not to exceed eighty feet without the prior approval of the Chief.

B. Breakthroughs between intake and return air courses shall be closed, except the one nearest the face. Breakthroughs between rooms shall be closed where necessary to provide adequate ventilation at the working face.

C. Where practicable, a breakthrough shall be provided at or near the face of each entry or room before the place is abandoned.

D. Entries or rooms shall not be started off an entry beyond the last open breakthrough.

§ 45.1-161.224. Stoppings.

A. Permanent stoppings between intake and return air courses shall be built of substantial, incombustible material such as concrete, concrete blocks, brick, tile, or other approved material; however, where physical conditions prohibit the use of such materials, timbers laid longitudinally "skin to skin" may be used. The use of a temporary stopping in the second breakthrough outby the face shall be permitted.

B. Stoppings shall be reasonably airtight.

C. To provide easy access between the return, belt and intake escapeway entries, substantially constructed man-doors properly marked so as to be readily detected shall be installed in at least every fifth crosscut in the stopping lines separating such entries.

§ 45.1-161.225. Ventilation controls.

A. Ventilation shall be so arranged by means of air locks, overcasts, or undercasts that the passage of haulage trips or persons along the entries will not cause interruption of the air current; however, in mines or in developing sections where air locks are not practical, single doors shall be used to course the air. Unless operating mechanically, the doors shall be attended constantly while the mine is in operation. Air locks shall be ventilated sufficiently to prevent accumulations of methane therein.

B. Doors shall be kept closed except when miners or equipment is passing through the doorways. Motor crews and other miners who open doors shall see that the doors are closed before leaving them.

C. Overcasts and undercasts shall be constructed tightly of incombustible material, such as masonry, concrete, concrete blocks, or prefabricated metal. They shall (i) be of sufficient strength to withstand possible falls from the roof, (ii) be of ample area to pass the required quantity of air, and (iii) be kept clear of obstructions.

§ 45.1-161.226. Line brattice.

A. Substantially constructed line brattice shall be used from the last open breakthrough of an entry or room when necessary to provide adequate ventilation for the miners and to remove gases. Any line brattice damaged by falls or otherwise shall be repaired promptly.

B. The space between the line brattice and the rib shall be large enough to permit the flow of a sufficient volume of air to keep the working face clear of flammable and noxious gases.

C. Brattice cloth used underground shall be of flame-resistant material.

D. Accumulations of methane shall be moved only by means of properly installed line brattice, or other approved method.

§ 45.1-161.227. Ventilation with air from certain areas.

Active face workings shall not be ventilated with air that has (i) passed through abandoned areas and pillared out and caved areas, (ii) passed by the unsealed entrances to abandoned areas, or (iii) been used to ventilate pillar lines. For purposes of this section, areas within a panel shall not be deemed abandoned until the panel is abandoned. This section shall not apply to air which is being used to ventilate an active pillar line and rooms which are necessary to establish and maintain the pillar line.

§ 45.1-161.228. Abandoned areas.

A. The openings to abandoned areas shall be fenced off so no person can enter, and danger signs shall be posted upon such fencing.

B. All abandoned areas shall be either sealed or ventilated.

C. Where practice is to seal abandoned areas, the sealing shall be done in an effective manner with incombustible material. In every sealed area, one or more of the seals shall be fitted with a pipe and cap or valve to permit the gases behind the seals to be sampled and also to provide a means of determining any existing hydrostatic pressure.

§ 45.1-161.229. Procedure upon accumulation of explosive gas.

A. Whenever a methane level of one percent or greater can be detected on a permissible methane detector or other suitable permissible device at any point not less than twelve inches from the roof, face or ribs, face work shall cease, power to face equipment cut off, and miners ordered and required to withdraw until ventilation is improved. This does not apply to other faces in the entry or slope in which work can be safely continued.

B. When gas accumulations cause work at entries or faces to cease until ventilation improves, only miners designated to work on improving the ventilation under the direction of a certified person shall be permitted in the affected area. Power shall not be restored until ventilation is improved.

§ 45.1-161.230. Flame safety lamps.

Flame safety lamps shall not be used for detecting methane. The Chief shall determine whether flame safety lamps shall constitute approved devices for detecting oxygen deficiency. If flame safety lamps are approved for such purpose, the Chief shall establish standards for their use and maintenance.

§ 45.1-161.231. Examination of mines for explosive gas and other dangers.

A. Certified persons whose regular duties require them to inspect working places in any mine for dangers shall have in their possession, and shall use, when underground, a permissible methane detector or other permissible device capable of detecting methane and oxygen deficiency.

B. A sufficient number of permissible methane detectors or other permissible devices capable of detecting methane shall be kept at each mine inby the last open crosscut. All miners shall be trained in the operation of the device. Any miners working inby the last open crosscut shall be qualified by the Chief in the operation of the device, or certified by the Board of Coal Mining Examiners to conduct gas testing. Methane detectors or indicators shall be maintained in permissible condition.

§ 45.1-161.232. Tampering with methane monitoring devices prohibited; penalty.

A. No person shall intentionally disturb, disconnect, bypass, impair, or otherwise tamper with methane monitors or other devices capable of detecting the presence of explosive gases used in an underground coal mine. If the methane monitor is installed on a face cutting machine, continuous miner, longwall face equipment, loading machine, or other mechanized equipment used to extract or load coal as required pursuant to 30 CFR Part 75.342, and the monitor or the equipment malfunctions, the monitor may be disconnected or bypassed for the purposes of removing the monitor or the equipment in order to make necessary repairs to the monitor or the equipment. Any other methane monitor may be disconnected, bypassed or removed.

B. Any person convicted of a violation of this section shall be guilty of a Class 6 felony.

§ 45.1-161.233. Allowing persons to work in mine where methane monitoring equipment disconnected; penalty.

An operator, agent, or mine foreman shall not knowingly permit any miner to work in any area of the underground coal mine where such operator, agent, or mine foreman has knowledge that a methane monitor or other device capable of detecting the presence of explosive gases has been impaired, disturbed, disconnected, or bypassed in violation of § 45.1-232. Any person convicted of a violation of this section shall be guilty of a Class 6 felony.

§ 45.1-161.234. Control of coal dust.

A. Coal dust shall not be permitted to accumulate excessively in any part of the active areas, including active workings soon to be abandoned.

B. Where mining operations create or raise an excessive amount of coal dust into the air, water or water with an added wetting agent, or other effective method of controlling dust approved by the Chief, or his authorized representative, shall be applied to coal dust on the ribs, roof, and floor to reduce dispersibility and to minimize the hazard of explosion, within forty feet from all active workings or such other areas as the Chief or his authorized representative shall require.

§ 45.1-161.235. Rock dusting.

A. All underground areas of a mine, except those areas where the coal dust is too wet or too high in incombustible content to propagate an explosion, shall be rock dusted to within forty feet of all active workings, unless such areas are inaccessible or unsafe to enter or unless the Chief, or his authorized representative, permits an exception upon his finding that such exception will not pose a hazard to the miners. All crosscuts that are less than forty feet from active workings shall also be rock dusted.

B. All other areas of a mine shall be rock dusted if conditions are found to be so dusty as to constitute a hazard after proper inspection. Should such conditions be found to exist, the Chief, or his authorized representative, shall require the necessary rock dusting to make the areas of the mine safe.

C. Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials shall be cleaned up and not be permitted to accumulate excessively in active workings, or on electric equipment therein.

Article 15.
Surface Areas.

§ 45.1-161.236. Housekeeping; noxious fumes.

A. Good housekeeping shall be practiced in and around buildings, shafts, slopes, yards and other areas of the mine. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails, broken glass and possible falling and rolling materials.

B. Painting or operations creating noxious fumes shall be performed only in a well ventilated atmosphere.

§ 45.1-161.237. Lighting.

A. Lights shall be provided as needed in or on surface structures.

B. Roads, paths and walks outside of structures shall be kept free from obstructions and shall be well illuminated, if used at night.

§ 45.1-161.238. Flammable or combustible materials.

A. Oil, grease, and similar flammable materials shall be kept in closed containers, separate from other materials so as not to create a fire hazard to nearby buildings or mines. If oil or grease is stored in a building, the building or room in which it is stored shall be of fireproof construction and well ventilated.

B. Oily rags, oily waste and wastepaper shall be kept in closed metal containers until removed for disposal.

C. The area within 100 feet of all mine openings shall be kept free of combustible material; however, this shall not apply to the temporary storage of not more than a one day's supply of such materials.

D. All oxygen and acetylene bottles shall be stored in racks designated and constructed for the storage of such bottles with caps in place and secured when not in use. Any storage place for such materials shall be posted to prohibit smoking.

§ 45.1-161.239. Crane operations.

A crane operator shall at all times during any hazardous crane operation maintain visual or auditory communication with all persons involved in the crane operation.

§ 45.1-161.240. Controlling dust at surface.

A. In surface structures at excessively dusty mines, electric motors, switches, lighting fixtures, and controls shall be protected by dust-tight construction.

B. Surface structures and equipment shall be kept free of coal dust accumulations.

C. Where mining operations raise an excessive amount of dust into the air, water or water with wetting agent added to it or other effective methods shall be used to allay such dust at its sources.

§ 45.1-161.241. Scaffolding and overhead protection.

Where repairs are being made to the plant, or where equipment or material is being used or transported overhead, proper scaffolding or proper overhead protection shall be provided.

§ 45.1-161.242. Welding and cutting.

Welding or cutting with arc or flame shall not be done in excessively dusty atmospheres or dusty locations. Fire-fighting apparatus shall be readily available when welding or cutting is performed.

§ 45.1-161.243. Fire prevention and fire control.

The provisions of Article 5 (§ 45.1-161.265 et seq.) of Chapter 14.4 of this title shall apply with respect to requirements for fire-fighting equipment, duties in the event of a fire, and fire precautions at the surface areas of underground coal mines.

§ 45.1-161.244. Surface equipment.

The provisions of Article 6 (§ 45.1-161.268 et seq.) of Chapter 14.4 of this title shall apply with respect to equipment at the surface areas of underground coal mines.

§ 45.1-161.245. Travelways, loading and haulage areas.

The provisions of Article 7 (§ 45.1-161.275 et seq.) of Chapter 14.4 of this title shall apply with respect to travelways, loading, and haulage areas at the surface of underground coal mines.

§ 45.1-161.246. Electricity.

The provisions of Article 9 (§ 45.1-161.279 et seq.) of Chapter 14.4 of this title shall apply with respect to power lines, circuits, transformers, and other electric equipment at the surface areas of underground coal mines.

§ 45.1-161.247. Surface blasting.

The provisions of Article 10 (§ 45.1-161.284 et seq.) of Chapter 14.4 of this title shall apply with respect to explosives and blasting at the surface areas of underground coal mines.

§ 45.1-161.248. Ground control.

The provisions of Article 11 (§ 45.1-161.287) of Chapter 14.4 of this title shall apply with respect to the pits, highwalls, benches, banks, and walls associated with any coal mining activities conducted at the surface areas of underground coal mines.

Article 16.
Additional Duties of Certified Persons and Other Miners.

§ 45.1-161.249. Duties of mine foreman.

A. The mine foreman shall see that the requirements of this Act that pertain to his duties and to the health and safety of the miners are fully complied with at all times. Where it is necessary that the mine foreman be temporarily absent from the mine, he shall have permission from the Chief to use a competent person.

B. The mine foreman shall see that every miner employed to work in such mine before beginning work therein, is aware of all dangers incident to his work in such mine. The mine foreman shall also see that every miner employed in such mine shall be furnished with copies of this Act and the printed rules pertaining to such mine.

§ 45.1-161.250. Employment and duties of top persons; plan for excavation of shaft or slope.

A. During the construction or modification of any shaft or slope mine, the person engaged in the actual construction or modification of such mine shall employ one or more certified top persons. It shall be the duty of such top person to examine for proper and safe practices and materials used during the construction or modification of a shaft or slope mine. Such duties shall at all times be performed in the immediate vicinity of the shaft under construction.

B. Prior to commencing the excavation of any shaft or slope, the operator shall submit to the Department a copy of the plan which the operator is required to submit pursuant to 30 CFR § 77.1900.

§ 45.1-161.251. Employment of inexperienced underground miners.

A. Inexperienced underground miners shall be required to work with an experienced underground miner for a total of at least six months following underground employment. However, experienced surface miners shall only be required to work with an experienced underground miner for a total of at least sixty days following underground employment.

B. No inexperienced underground miner shall be assigned, or allowed, or be required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen.

§ 45.1-161.252. Employment of authorized persons.

No miner shall be placed in charge of a cutting, loading, drilling, continuous miner or timbering machine in any mine who is not an authorized person capable of determining the safety of the roof and ribs of the working places. Such miner shall also be capable of detecting the presence of explosive gas and shall be compelled to undergo examination by a mine inspector to determine his fitness to detect explosive gas before being permitted to have charge of machines in such mines.

CHAPTER 14.4.
REQUIREMENTS APPLICABLE TO SURFACE COAL MINES.
Article 1.
General Provisions.

§ 45.1-161.253. Scope of chapter.

This chapter shall be applicable to the operation of any surface coal mine in the Commonwealth, and shall supplement the provisions of Chapter 14.2 (§ 45.1-161.7 et seq.) of this Act.

§ 45.1-161.254. Regulations governing conditions and practices at surface coal mines.

A. The Chief shall have authority, after consultation with the Virginia Coal Mine Safety Board and in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.), to promulgate rules and regulations necessary to ensure safe and healthy working conditions in surface coal mines in the Commonwealth. Such rules and regulations governing surface coal mines shall relate to:

1. Safety and health standards for the protection of the life, health and property of, and the prevention of injuries to persons involved in or likely to be affected by any surface coal mining operations which shall include but not be limited to the control of dust concentration levels; installation, maintenance and use of electrical devices, equipment, cables and wires; fire protection; the use and storage of explosives; hoistings; drilling; loading and haulage areas; training of surface miners; preparation of responses to emergencies; examinations of conditions at a surface mine site; and reporting requirements;

2. The storage or disposal of any matter or materials extracted or disturbed as the result of a surface coal mining operation or operations or used in the mining operation or for the refinement or preparation of the materials extracted from the coal mining operation so that such matter or material does not threaten the health or safety of the miners or the general public; and

3. The operation, inspection, operating condition and movement of drilling equipment and machines to protect the health, safety and property of miners and the general public.

B. The Chief shall not promulgate any rule or regulation establishing requirements for the operation of, or conditions at, a surface coal mine which are inconsistent with requirements established by this Act.

§ 45.1-161.255. Standards for regulations.

In promulgating the rules and regulations pursuant to § 45.1-161.254, the Chief shall consider:

1. Standards utilized and generally recognized by the surface coal mining industry;

2. Standards established by recognized professional coal mining organizations and groups;

3. Standards established by federal mine safety laws;

4. Research, demonstrations, experiments and such other information that are available regarding the maintenance of the highest degree of safety protection, including the latest available scientific data in the field, the technical feasibility of the standards, and the experience gained under this Act and other mine safety laws; and

5. Such other criteria as shall be necessary for the protection of the safety and health of miners and other persons or property likely to be affected by surface coal mines or related operations.

Article 2.
Work Area Examinations, Record Keeping and Reporting.

§ 45.1-161.256. Safety examinations.

A. On-shift examinations of the work area including pit, auger, thin seam and highwall operations shall be conducted by certified persons once every production shift and at such other times or frequency as the Chief designates necessary for dangerous conditions.

B. On-shift examinations of all mobile equipment shall be conducted by an authorized or a competent person.

C. Pre-shift examinations shall be conducted by a certified person for certain dangerous conditions designated by the Chief.

D. Silt retaining dams and mine refuse piles shall be examined daily by an authorized person.

E. Air quality examinations shall be conducted by a certified person when a surface coal mining operation intersects an underground mine, auger hole or other underground workings.

F. Examinations for methane shall be conducted in surface installations, enclosures or other facilities in which coal is handled or stored once each production shift. Such areas shall also be tested for methane before any activity involving welding, cutting or an open flame. Examinations pursuant to this subsection shall be made by a competent person.

G. Electrical equipment and wiring shall be inspected as often as necessary but at least once a month.

H. Fire extinguishers shall be examined at least once every six months.

I. Areas of inactive surface coal mines shall be examined for dangerous conditions by a mine foreman immediately before miners are permitted to enter into such areas to take emergency actions to preserve a mine.

§ 45.1-161.257. Records of examinations.

A. Documentation of examinations and testing conducted pursuant to § 45.1-161.256 shall be recorded in a mine record book by the certified person performing the examination. Documentation shall include dangerous conditions found in the work area. However, examinations of fire extinguishers shall be conducted by an authorized person and documentation shall be accomplished by recording the date of the examination on a permanent tag attached to the extinguisher.

B. The actual methane readings taken during on-shift examinations shall be recorded in the mine record book. If the methane level detected is less than one tenth of one percent, the entry shall state "less than 0.1 percent detected."

C. The surface foreman shall maintain and sign a daily record book. The reports entered into the book shall be read and signed by the operator, or his agent. All records of inspections shall be open for inspection by interested persons and maintained at the mine site for a minimum of one year.

§ 45.1-161.258. Notification and reporting of certain conditions and events.

A. The following shall be reported by the operator, or his agent, immediately to the Chief or his designated representative:

1. Dangerous conditions which cannot be removed.

2. Accidents involving serious personal injury or death.

3. Serious fires.

4. Unplanned explosions.

5. The unintentional fall of highwall that affects equipment or personnel.

B. Areas containing safety or health hazards that are not immediately obvious to personnel shall be barricaded or posted with warning signs specifying the hazard and proper safety procedures.

Article 3.
Personal Protection.

§ 45.1-161.259. Personal protection devices and practices.

A. All persons at a surface coal mine shall wear the following protection in the specified conditions:

1. Hard hats in and around mines where falling objects may cause injury.

2. Hard-toed footwear in and around mines.

3. Safety goggles or shields where there is a hazard of flying material.

4. Protective shield or goggles when welding.

5. Snug-fitting clothes when working around moving parts or machinery.

6. Gloves where hands could be injured. Gauntlet cuffed gloves are prohibited around moving machinery.

B. Ear protection shall be supplied by the operator to all miners upon request.

§ 45.1-161.260. Housekeeping.

Good housekeeping shall be practiced in and around buildings, shafts, slopes, yards and other areas of the mine. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails, broken glass and material that may potentially fall or roll.

§ 45.1-161.261. Noxious fumes.

Painting or operations creating noxious fumes shall be performed only in a well-ventilated atmosphere.

Article 4.
First Aid Equipment; Medical Care; Emergency Medical Services Personnel.

§ 45.1-161.262. First aid equipment.

Each surface coal mine shall have an adequate supply of first aid equipment as determined by the Chief. Such supplies shall be located at strategic locations at the mine site so as to be available in a reasonable response time. The first aid supplies shall be encased in suitable sanitary receptacles designed to be reasonably dust-tight and moisture proof. In addition to the supplies in the cases, blankets, splints and properly constructed stretchers in good conditions shall be provided. The supplies shall be available for use of all persons employed at the mine. No first aid supplies shall be removed or diverted without authorization except in case of injury at the mine.

§ 45.1-161.263. First-aid training.

A. Surface foremen shall have completed and passed a first aid course of study as proscribed by the Chief. The Chief is authorized to utilize the Department's educational and training facilities in the conduct of such training programs and may require the cooperation of mine operators in making such programs available to their employees.

B. Each operator of a surface coal mine, upon request, shall make available to every miner employed in such mine first aid training, including refresher training.

§ 45.1-161.264. Attention to injured persons.

A. Prompt medical attention shall be provided in the event of an injury, and adequate facilities shall be made available for transporting injured persons to a hospital where necessary.

B. Safe transportation shall be provided to move injured persons from the site where the injury occurred to areas accessible to emergency transportation.

Article 5.
Fire Prevention and Fire Control.

§ 45.1-161.265. Fire-fighting equipment; duties in case of fire; fire precaution in transportation of mining equipment; fire prevention generally.

A. Each mine shall be provided with suitable fire-fighting equipment, adequate for the size of the mine and shall include at least three twenty-pound dry chemical fire extinguishers. Equipment and devices used for the detection, warning and extinguishing of fires shall be suitable in type, size and quantity for the type of fire hazard that may be encountered. Such equipment and devices shall be strategically located and plainly identified.

B. Fire extinguishers, suitable from a toxic and shock standpoint, shall be provided and placed at or on all (i) electrical stations, such as substations, transformer stations and permanent pump stations, (ii) self-propelled mobile equipment, (iii) belt heads, (iv) areas used for the storage of flammable materials, (v) fueling stations, and (vi) other areas that may constitute a fire hazard, so as to be out of the smoke in case of a fire.

§ 45.1-161.266. Duties in case of fire.

A. Should a fire occur, the person discovering it and any person in the vicinity of the fire shall make a prompt effort to extinguish it. When a fire that may endanger persons at the mine cannot be extinguished immediately, all persons shall be withdrawn promptly from the area of the fire.

B. Immediately upon knowledge of serious fire at or about a mine, the operator or agent shall report by the quickest available means to the Chief, giving all information known to him regarding the fire. The Chief shall take prompt action, based on the information, to go in person or dispatch qualified subordinates to the scene of the fire for consultation, and assist in the extinguishing of the fire and the protection of exposed persons. In the event of a difference of opinion as to measures required, the decision of the Chief or his designated subordinate shall be final, but must be given to the operator in writing to have the force of an order.

§ 45.1-161.267. Fire precautions.

A. An examination for fire shall be made after every blasting operation.

B. No person shall smoke or use an open flame within twenty-five feet of locations used to handle or store flammable or combustible liquids or where an arc or flame may cause a fire or explosion.

C. Areas surrounding flammable liquid storage tanks, electrical substations and transformers shall be kept free of combustible material for at least twenty-five feet in all directions. Such storage tanks, substations and transformers shall be posted with readily visible fire hazard warning signs.

D. Structures or areas used for storage of flammable materials shall be constructed of fire resistant material, well ventilated, kept clean and orderly and posted with readily visible fire hazard warning signs.

E. Fuel lines shall be equipped with shut-off valves at the sources. Such valves shall be readily accessible and maintained in good operating condition.

F. Battery charging areas shall be well ventilated and posted with warning signs prohibiting smoking or open flames within twenty-five feet.

G. Oil, grease, other flammable hydraulic fluid, and other flammable materials shall be kept in closed metal containers and separated from other materials so as to not create a fire hazard.

H. Combustible materials, grease, lubricants, paints and other flammable materials and liquids shall not be allowed to accumulate where they could create a fire hazard. Provision shall be made to prevent the accumulation of such material on any equipment, at storage areas and any location where the material is used.

I. Electric motors, switches, lighting fixtures, and controls shall be protected by dust-tight construction.

J. Precautions shall be taken to ensure that sparks or other hot materials do not result in a fire when welding or cutting. Welding or cutting with arc or flame shall not be done in excessively dusty atmospheres or locations. Fire-fighting apparatus shall be readily available when welding or cutting is performed.

K. Precautions shall be taken before applying heat, cutting or welding on any pipe or container that has contained a flammable or combustible material.

L. Oxygen and acetylene bottles shall be stored in racks designated and constructed for the storage of such bottles with caps in place and secured when not in use. Such bottles shall not be stored near oil, grease, and other flammable material.

M. Oxygen and acetylene gauges and regulators shall be kept clean and free of oil, grease, and other combustible materials.

N. Belt conveyors shall be equipped with control switches to automatically stop the driving motor of the conveyor in the event the belt is stopped by slipping on the driving pulley, by breakage or other accident.

O. Areas surrounding main fan installations and other mine openings shall be kept free from grass, weeds, underbrush and other combustible materials for twenty-five feet in all directions.

P. Internal combustion engines, except diesel engines, shall be shut off prior to fueling.

Article 6.
Surface Equipment.

§ 45.1-161.268. Haulage and mobile equipment; operating condition.

A. All mobile equipment shall be maintained in a safe operating condition.

B. Positive-acting stopblocks shall be used where necessary to protect persons from danger of moving or runaway haulage equipment.

C. Where it is necessary for men to cross conveyors regularly, suitable crossing facilities shall be provided.

D. Persons shall not get on or off moving equipment.

E. When the equipment operator is present, persons shall notify him before getting on or off mobile equipment.

F. Mobile equipment shall not be left unattended unless brakes are set. Mobile equipment with wheels or tracks, when parked on a grade, shall either be blocked or turned into a bank unless the lowering of the bucket or blade to the ground will prevent movement.

G. Persons shall not work on or from a piece of mobile equipment in a raised position unless the equipment is specifically designed to lift persons.

H. Water, debris or spilled materials which may create hazards to moving equipment shall be removed.

I. Where seating facilities are provided on self-propelled mobile equipment, the operator shall be seated before such equipment is moved. No person shall be allowed to ride on top of self-propelled mobile equipment.

J. Operators of self-propelled haulage equipment shall sound a warning before starting such equipment and as approaching any place where persons are or are likely to be.

K. Each man-trip shall be under the charge of an authorized person, and operated independently.

L. Operator provided man-trips shall be maintained in safe operating condition, and enough of them shall be provided to prevent their being overloaded.

M. Employees shall not board or leave moving man-trips; they shall remain seated while in moving cars, and shall proceed in an orderly manner to and from man-trips.

§ 45.1-161.269. Equipment operation.

A. Equipment operating speeds, conditions and characteristics shall be prudent and consistent with conditions of roadway, grades, clearance, visibility, traffic, type and use of equipment.

B. Vehicles shall follow at a safe distance; passing shall be limited to areas of adequate clearance visibility.

C. Mobile equipment shall be operated under power control at all times and mobile equipment operators shall have full control of the equipment while in motion.

D. Before starting or moving equipment, an equipment operator must be certain by signal or other means that all persons are clear.

§ 45.1-161.270. Safety measures on equipment.

A. Rubber tired or crawler mounted equipment shall have rollover protective structures to the extent required by 30 CFR 77.403a.

B. Seat belts shall be maintained in all mobile equipment that are required to have rollover protective structures under subsection A. Operators of such equipment shall wear seat belts when the equipment is in motion.

C. Mobile equipment shall be equipped with adequate brakes and parking brakes.

D. Cab windows shall be of safety design, kept in good condition and clean for adequate visibility.

E. Tires shall be deflated before repairs on them are started and adequate means shall be provided to prevent wheel locking rims from creating a hazard during tire inflation.

F. An audible warning device and headlights shall be provided on all self-propelled mobile equipment.

G. An automatic backup alarm, that is audible above surrounding noise levels, shall be provided on all mobile equipment.

§ 45.1-161.271. Transportation of personnel.

No person shall be permitted to ride or be otherwise transported on or in: (i) dippers, shovels, buckets, forks and clamshells, (ii) the cargo space of dump trucks, (iii) outside cabs or beds of heavy equipment, or (iv) chain, belt or bucket conveyors unless specifically designed to transport persons.

§ 45.1-161.272. Lighting.

A. Lights shall be provided as needed, in or on surface structures.

B. Roads, paths and walks outside of surface structures shall be kept free from obstructions and shall be well illuminated if used at night.

§ 45.1-161.273. Shop and other equipment.

A. The following shall be guarded and maintained adequately:

1. Gears, sprockets, pulleys, fan blades or propellers, friction devices and couplings with protruding bolts or nuts.

2. Shafting and projecting shaft ends that are within seven feet of floor or platform level.

3. Belt, chain or rope drives that are within seven feet of floor or platform.

4. Fly wheels. Where fly wheels extend more than seven feet above the floor, they shall be guarded to a height of at least seven feet.

5. Circular and band saws and planers.

6. Repair pits. Guards shall be kept in place when the pits are not in use.

7. Counterweights.

8. Mine fans. The approach shall be guarded.

9. Lighting and other electrical equipment that may cause shock hazards or personal injury.

B. Machinery shall not be repaired or oiled while in motion; provided, however, that this shall not apply where safe remote oiling devices are used.

C. A guard or safety device removed from any machine shall be replaced before the machine is put in operation.

D. Mechanically operated grinding wheels shall be equipped with:

1. Safety washers and tool rests.

2. Substantial retaining hoods, the hood opening of which shall not expose more than a ninety degree sector of the wheel. Such hoods shall include a device to control and collect excess rock, metal or dust particles, or equivalent protection shall be provided to the employees operating such machinery.

3. Eyeshields, unless goggles are worn by the operators.

§ 45.1-161.274. Hydraulic hoses.

All hydraulic hoses used on equipment purchased after January 1, 1986, shall be clearly stamped or labeled by the hydraulic hose manufacturer to indicate the manufacturer's rated pressure in pounds per square inch (psi). For hoses purchased after January 1, 1989, the rated pressure shall be permanently affixed on the outer surface of the hose and repeated at least every two feet. Hoses purchased and installed on automatic displacement hydraulic systems shall have a four-to-one safety factor based on the ratio between minimum burst pressure and the setting of the hydraulic unloading system (such as a relief valve) or shall meet the minimum hose pressure requirements set by the hydraulic equipment manufacturer per the applicable hose standards for each type of equipment. No hydraulic hose shall be used in an application where the hydraulic unloading system is set higher than the hose's rated pressure.

Article 7.
Travelways, Loading and Haulage Areas.

§ 45.1-161.275. Stairways, platforms, runways and floor openings.

A. Stairways, platforms, and runways shall be provided where men work or travel.

B. Stairways, elevated platforms, floor openings and elevated runways shall be equipped with suitable handrails or guardrails.

C. Elevated platforms, floor openings, stairways and runways shall be provided with toe boards. Platforms, stairways and runways shall be kept clear of stumbling and slipping hazards and maintained in good repair.

§ 45.1-161.276. Loading and haulage work area requirements.

A. Ramps and dumps shall be of solid construction, ample width, ample clearance and head room and shall be kept reasonably free of spillage.

B. Berms or guards shall be provided on the outer bank of elevated roadways.

C. Berms, bumper blocks, safety hooks or similar means shall be provided to prevent overtravel and overturning at dump stations.

D. Dumping locations and haulage roads shall be kept reasonably free of water, debris and spillage. Water, debris or spilled material which create hazards to moving equipment shall be removed.

§ 45.1-161.277. Equipment operation.

A. If truck spotters are used, they shall be well in the clear while trucks are backing into dumping position and dumping. Truck spotters shall use lights at night to direct backing and dumping operations.

B. Dippers, buckets, scraper blades and similar movable parts shall be secured or lowered to the ground when not in use.

C. Equipment which is to be hauled shall be loaded and protected so as to prevent sliding or spillage. When moving between work areas the equipment shall be secured in the travel position.

D. Tow bars shall be used to tow heavy equipment and a safety chain shall be used in conjunction with each tow bar.

E. Dust control measures shall be taken so as to not obstruct visibility of equipment operators.

F. Dippers, buckets, loading booms or other heavy loads shall not be swung over cabs of haulage equipment until the driver is out of the cab and is in a safe location unless the equipment is designed specifically to protect drivers from falling material.

G. Mobile equipment shall not be left idling unattended; the wheels shall be turned into a bank or berm or blocked with the brakes set also.

H. Lights, flares or other warning devices shall be posted when parked equipment creates a hazard for other vehicles.

Article 8.
Dust Control.

§ 45.1-161.278. Control of dust.

A. Where mining operations raise an excessive amount of dust into the air, water or water with wetting agent added to it or other effective methods shall be used to allay such dust at its sources.

B. Drilling in rock shall be done wet, or other means of dust control shall be used.

C. Coal dust shall not be permitted to accumulate excessively on equipment or surface structures.

Article 9.
Electricity.

§ 45.1-161.279. Overhead high-potential power lines; surface transmission lines; electric wiring in surface buildings.

A. Overhead high-potential power lines shall be placed at least fifteen feet above the ground and twenty feet above driveways and haulageways, shall be installed on insulators, and shall be supported and guarded to prevent contact with other circuits.

B. Surface transmission lines shall be protected against short circuits and lightning.

C. Electric wiring in surface buildings shall be installed so as to prevent fire and contact hazards.

§ 45.1-161.280. Transformers.

A. Unless surface transformers are isolated by elevation (eight feet or more above the ground), they shall be enclosed in a transformer house or surrounded by a suitable fence at least six feet high. If the enclosure or fence is of metal, it shall be grounded effectively. The gate or door to the enclosure shall be kept locked at all times, unless authorized persons are present.

B. Surface transformers containing flammable oil and installed where they present a fire hazard shall be provided with means to drain or to confine the oil in the event of rupture of the transformer casing.

C. Suitable danger signs shall be posted conspicuously at all transformer stations on the surface.

D. All transformer stations on the surface shall be kept free of nonessential combustible materials and refuse.

E. All power circuits and electric equipment shall be de-energized, tagged and locked out by each person exposed to risk should the electric circuit or equipment be energized before repairs are made; provided, however, that employees may, where necessary, repair energized trolley wires if they wear insulated shoes and lineman's gloves. This does not prohibit qualified repairmen from having power on equipment for making checks on such equipment.

§ 45.1-161.281. Grounding.

A. All metallic sheaths, armors, and conduits enclosing power conductors shall be electrically continuous throughout and shall be grounded effectively.

B. Metallic frames, casing, and other enclosures of stationary electric equipment that can become "alive" through failure of insulation or by contact with energized parts shall be grounded effectively or equivalent protection shall be provided.

C. When electric equipment is operated from three-phase alternating current circuits originating in transformers connected to provide a neutral point, a continuous grounding conductor of adequate size shall be installed and connected to the neutral point and to the frames of the power-utilizing equipment. Such grounding conductors shall be grounded at the neutral point and at intervals along the conductor if feasible. A suitable circuit breaker or switching device shall be provided having a ground-trip coil connected in series with the grounding conductor to provide effective ground-fault tripping.

§ 45.1-161.282. Circuit breakers and switches.

A. Automatic circuit breaking devices or fuses of the correct type and capacity shall be installed so as to protect all electric equipment and power circuits against excessive overload. Wires or other conducting materials shall not be used as a substitute for properly designed fuses, and circuit breaking devices shall be maintained in good operating condition.

B. Operating controls, such as switches, starters, and switch buttons, shall be so installed that they are readily accessible and can be operated without danger of contact with moving or live parts.

C. Electric equipment and circuits shall be provided with switches or other controls of safe design, construction and installation.

D. Dry wooden platforms, insulating mats, or other electrically nonconductive material shall be kept in place at each switchboard, power-control switch, and at stationary machinery where shock hazards exist.

E. Resistors or rheostats shall be installed in such a manner as not to create a fire hazard, and shall be guarded adequately against personal contact.

F. When not in use, power circuits shall be de-energized on idle days and idle shifts or protected against short circuits in accordance with the load on such circuits.

G. Electric parts, such as switches, circuit breakers, rheostats, relays and fuses, shall be installed on switchboards or mounted on incombustible bases of slate or equivalent insulating material.

H. Switchboards shall be located so that ample room will be provided between the switchboard and passageways or lanes of travel and shall have an entrance at each end to permit authorized persons to inspect, adjust, or repair apparatus back of the board. Switchboards shall have the entrance to the rear guarded against entrance of unauthorized persons, unless in a building that is kept locked.

I. Switchboards shall be well lighted for switch operations in the front and for repair and maintenance in the rear.

J. Rooms housing switchboards shall not be used for the storage of combustible materials, and shall be kept free of debris and refuse.

K. Suitable danger signs shall be posted conspicuously at all high-potential switchboard installations.

L. All power wires and cables shall have adequate current-carrying capacity, shall be guarded from mechanical injury and installed in a permanent manner.

M. Power circuits shall be labeled to indicate the unit or circuit they control.

N. Persons shall stay clear of an electrically powered shovel or other similar heavy equipment during an electrical storm.

§ 45.1-161.283. Electrical trailing cables.

A. Trailing cables shall be provided with suitable short-circuit protection and means of disconnecting power from the cable.

B. Temporary splices in trailing cables shall be made in a workmanlike manner, mechanically strong, and well insulated.

C. The number of temporary, unvulcanized splices in a trailing cable shall be limited to one.

D. Permanent splices in trailing cables shall be made as follows:

1. Mechanically strong with adequate electrical conductivity and flexibility.

2. Effectively insulated and sealed so as to exclude moisture.

3. The finished splice shall be vulcanized or otherwise treated with suitable materials to provide flame-resistant properties and good bonding to the outer jacket.

E. Trailing cables shall be protected against mechanical injury.

Article 10.
Explosives and Blasting.

§ 45.1-161.284. Surface storage of explosives and detonators.

A. Separate surface magazines shall be provided for the storage of explosives and detonators.

B. Surface magazines for storing and distributing explosives in amounts exceeding 150 pounds shall be:

1. Reasonably bulletproof and constructed of incombustible material or covered with fire-resistive material. The roofs of magazines so located that it is impossible to fire bullets directly through the roof from the ground, need not be bulletproof, but where it is possible to fire bullets directly through them, roofs shall be made bullet-resistant by material construction, or by a ceiling that forms a tray containing not less than a four-inch thickness of sand, or by other methods.

2. Provided with doors constructed of three-eighth inch steel plate lined with a two-inch thickness of wood, or the equivalent.

3. Provided with dry floors made of wood or other nonsparking material and have no metal exposed inside the magazine.

4. Provided with suitable warning signs so located that a bullet passing directly through the face of a sign will not strike the magazine.

5. Provided with properly screened ventilators.

6. Equipped with no openings except for entrance and ventilation.

7. Kept locked securely when unattended.

C. Surface magazines for storing detonators need not be bulletproof, but they shall be in accordance with other provisions for storing explosives.

D. Explosives in amounts of 150 pounds or less or 5,000 detonators or less shall be stored in accordance with the preceding standards or in separate locked box-type magazines. Box-type magazines may also be used as distributing magazines when quantities do not exceed those mentioned. Box-type magazines shall be constructed strongly of two-inch hardwood or the equivalent. Metal magazines shall be lined with nonsparking material. No magazine shall be placed in a building containing oil, grease, gasoline, wastepaper or other highly flammable material; nor shall a magazine be placed within twenty feet of a stove, furnace, open fire or flame.

E. The location of magazines shall be not less than 300 feet from any mine opening, occupied building or public road or any road which the Chief designates in order to promote safety. However, in the event that a magazine cannot be practicably located at such a distance, if sufficiently barricaded and approved by the Chief, such magazine may be located less than 300 feet from any mine opening, occupied building or road.

F. The supply kept in distribution magazines shall be limited to approximately a forty-eight hour supply, and such supplies of explosives and detonators may be distributed from the same magazine, if separated by at least a four-inch substantially fastened hardwood partition or the equivalent.

G. The area surrounding magazines for not less than twenty-five feet in all directions shall be kept free of rubbish, dry grass or other materials of a combustible nature.

H. If the explosives magazine is illuminated electrically, the lamps shall be of vapor-proof type, installed and wired so as to present minimum fire and contact hazards.

I. Only nonmetallic tools shall be used for opening wooden containers. Extraneous materials shall not be stored in an explosives or detonator magazine.

J. Smoking, carrying smokers' articles or open flames shall be prohibited in or near any magazine.

§ 45.1-161.285. Misfires.

A. Where misfires occur with electric detonators, a waiting period of at least fifteen minutes shall elapse before anyone returns to the shot area. After such failure, the blasting cable shall be disconnected from the source of power and the battery ends short-circuited before electric connections are examined.

B. Explosives shall be removed by firing a separate charge at least two feet away from, and parallel to, the misfired charge or by washing the stemming and the charge from the borehole with water, or by inserting and firing a new primer after the stemming has been washed out.

C. A very careful search of the blasting area, and if necessary, of the coal after it reaches the tipple shall be made after blasting a misfired hole to recover any undetonated explosive.

D. The handling of a misfired shot shall be under the direct supervision of the foreman or an authorized person designated by him.

§ 45.1-161.286. Minimum blasting practices.

A. When explosives are in use on the surface and an electrical storm approaches, all persons shall be removed from such blast area until the storm has passed.

B. In accordance with the standards set forth in § 45.1-161.255 the Chief shall promulgate regulations regarding:

1. Separation of ammonium nitrate fuel blasting agent and other explosives.

2. Maximum ground vibration valves.

3. For seismic instrumentation, use of seismic instruments, use of seismograph measurements by qualified seismologist and the formula for seismograph determination.

4. Establishing a charge weight formula.

5. Requiring a permit for use of greater than 40,000 pounds of explosives and for night-time blasting.

6. Requiring records of each blast including, but not limited to, blast site location, material, explosives and name of company or contractor performing tests.

7. Requiring safety standards governing, but not limited to, areas where blasting is allowed, blasting practices and blasting signals.

8. Requiring tests of and setting limits on blasting noise and ground vibration.

9. Requiring operation to identify the location of the nearest inhabited building to blasting operation and notification to the Department when blasting approaches within 2,000 feet of an inhabited building.

10. Air blast limits at dwellings.

11. Requiring modification of blasting practices to meet ground and air blast limits set by the Department.

Article 11.
Ground Control.

§ 45.1-161.287. Ground control.

A. All surface coal mining operations shall establish and follow a ground control plan to ensure a safe work area. The ground control plan shall be consistent with prudent engineering design. Mining methods shall ensure wall and bank stability, including benching, to obtain a safe overall slope.

B. Scaling and removal of loose hazardous material from the tops of pits and highwalls, banks, walls and benches shall be completed to assure a safe work area.

C. Employees and other persons, except those involved in correction of the condition, shall be restricted from areas where hazardous highwall or pit conditions exist.

D. Unless required for the purpose of repairs, all persons shall be restricted from areas between equipment and walls, benches, or banks if the equipment may hinder their escape from falling or sliding material. Special precautions shall be taken when persons are required to perform such repairs.

Article 12.
Auger, Highwall and Thin Seam Mining.

§ 45.1-161.288. Inspection of electric equipment and wiring; checking and testing methane monitors.

A. Electric equipment and wiring shall be inspected by a certified person at least once a week and more often if necessary to assure safe operating conditions, and any defect found shall be corrected.

B. The Chief may require the operator of a mine to functionally check on a daily basis methane monitors on electrical face equipment to determine that such monitors are de-energizing the electrical face equipment properly. Such check shall be made on each production shift and shall be conducted by the equipment operator in the presence of a foreman, and shall be recorded in the on-shift report of the section foreman.

C. The Chief may require the operator of a mine to perform weekly calibration tests on methane monitors on electrical face equipment to determine the accuracy and operation of such monitors.

§ 45.1-161.289. Auger mining highwall inspections.

A. The face of all highwalls, for a distance of twenty-five feet in both directions from an augering operation, shall be inspected by a mine foreman before any augering operation is begun and at least once during each coal producing shift.

B. Mine foreman shall examine the face of all highwalls for a distance of twenty-five feet in both directions from an augering operation frequently during periods of heavy rainfall or intermittent freezing-thawing.

C. Hazardous conditions shall be corrected and loose material removed from above the drilling site before any work is begun in the area.

D. Records shall be kept of the inspection compiled pursuant to subsections A and B. Such records shall be maintained for one year.

§ 45.1-161.290. Auger hole penetration of underground mines; testing.

A. A qualified person shall, using approved devices, test for methane and deficiency of oxygen when an auger hole penetrates an abandoned or mined out area of an underground mine.

B. Internal combustion engines shall not be operated in the vicinity of an auger hole where tests for methane and oxygen deficiency are being conducted.

C. If methane is detected or a deficiency of oxygen is found to exist no further work shall be performed until the atmosphere has been made safe.

§ 45.1-161.291. Auger hole safety precautions.

A. No person shall enter an auger hole.

B. Auger holes shall be blocked with highwall spoil or other suitable material before abandoned.

C. Auger machines which are exposed to highwall hazards shall be provided with operator coverage capable of preventing injuries to workers from falling material.

D. At least one person shall be assigned to observe the highwall for possible movement while a crew is connecting or disconnecting auger sections.

E. Persons shall stay clear of any moving auger train and no persons shall pass over or under a moving auger train unless adequate crossing facilities are provided.

Article 13.
Proximity of Mining to Gas, Oil Wells and Vertical Ventilation Holes.

§ 45.1-161.292. Surface coal mining; distance from wells; requirements.

A. Any mine operator who plans to remove coal or extend any workings in any mine closer than 500 feet to any gas or oil well already drilled or in the process of being drilled shall file with the Chief a notice that mining is taking place or will take place, together with a copy of parts of the maps and plans required under § 45.1-161.64 which show the mine workings and projected mine workings beneath the tract in question and within 500 feet of the well. Such mine operator shall simultaneously mail copies of such notice, maps and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector. Each notice shall certify that the mine operator has complied with the provisions of this subsection.

B. Subsequent to the filing of the notice required by subsection A of this section, the mine operator may proceed with mining operations in accordance with the maps and plans; however, without the prior approval of the Chief, he shall not remove any coal or extend any workings in any mine closer than 200 feet to any gas or oil well already drilled or in the process of being drilled. The Chief shall promulgate regulations which prescribe the procedure to be followed by mine operators in petitioning the Chief for approval to conduct such activities closer than 200 feet to a well. A petition may include a request to mine through a plugged well or plugged vertical ventilation hole. A petition may also include a request to mine through a well or vertical ventilation hole and lower the head of such well or vertical ventilation hole. Each mine operator who files a petition to remove coal or extend any workings closer than 200 feet to any gas or oil well shall mail copies of the petition, maps and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The Gas and Oil Inspector and the well operator shall have standing to object to any petition filed under this section. Such objections shall be filed within ten days following the date such petition is filed.

CHAPTER 14.5.
REQUIREMENTS APPLICABLE TO UNDERGROUND MINERAL MINES.

§ 45.1-161.293. Scope of chapter.

This chapter shall be applicable to the operation of any underground mineral mine in the Commonwealth, and shall supplement the provisions of Chapter 2 (§ 45.1-161.7 et seq.) of this Act.

§ 45.1-161.294. Regulations governing conditions and practices at underground mineral mines.

A. The Director shall promulgate rules and regulations, in accordance with the provisions of Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act, necessary to ensure the safety and health of miners and other persons and property at underground mineral mines in the Commonwealth. Nothing in this section shall restrict the Director from promulgating regulations more stringent than regulations promulgated pursuant to the federal mine safety law. Such rules and regulations applicable to underground mineral mines shall establish requirements:

1. For protecting miners from general risks found at underground mineral mines and mining;

2. For the provisions and use of personal protection equipment and devices for the head, feet, hands, and body;

3. For the maintenance, operation, storage, and transportation of mechanical or electrical equipment, devices, and machinery used in the underground mining of minerals;

4. For controlling unstable roof, rib, wall and other ground conditions;

5. For the handling and storage of combustible materials, including requirements for emergency plans, fire fighting and emergency rescue, fire prevention and safety features on mine equipment, fire safety in mine structures and other areas, and other flame and spark dangers;

6. For the control of exposure to airborne contaminants and excessive noise levels;

7. For adequate air quality through ventilation and other appropriate measures;

8. For the safe storage, transportation, and use of explosive and blasting devices;

9. For the safe design, operation, maintenance, and inspection of drilling equipment;

10. For the construction, installation, maintenance, use and inspection of boilers, air compressors, and compressed gas systems;

11. For the safe design, use, maintenance, and inspection of passageways, walkways, ladders, and other travelways;

12. For the safe design, operation, maintenance, and inspection of electrical equipment and systems;

13. For the storage, transportation, and handling of materials, including corrosive and hazardous substances;

14. For the safe design, use, maintenance, and inspection of guards on moving parts of equipment and machinery;

15. For the safe design and operation of chutes;

16. For the inspection, maintenance, safe design, and operation of hoisting equipment and cables;

17. For the inspection, maintenance, and construction of mine shafts; and

18. For the safe design, operation, maintenance, and inspection of, and the conduct of mining activities at, surface areas of underground mineral mines.

B. The Director shall not promulgate any regulations relating to underground mineral mines which are inconsistent with requirements established by the Act, or which, when an operator takes action to comply with the provisions of such regulation, would place the operator in violation of the federal mine safety law.

§ 45.1-161.295. Standards for regulations.

In promulgating rules and regulations pursuant to § 45.1-161.294, the Director shall consider:

1. Standards utilized and generally recognized by the underground mineral mining industry;

2. Standards established by recognized professional mineral mining organizations and groups;

3. The federal mine safety law;

4. Research, demonstrations, experiments, and such other information that is available regarding the maintenance of a reasonable degree of safety protection, including the latest available scientific data in the field, the technical and economic feasibility of the standards, and the experience gained under this Act and other mine safety laws; and

5. Such other criteria as shall be necessary for the protection of safety and health of miners and other persons or property likely to be affected by underground mineral mines or related operations.

§ 45.1-161.296. Mining in proximity to gas and oil wells.

A. The Director shall promulgate regulations requiring operators to notify, and in appropriate circumstances obtain the consent of, the Director prior to removing minerals in the proximity of any gas or oil well already drilled or in the process of being drilled.

B. Any operator who plans to remove any mineral, drive any passage or entry or extend any workings in any mine closer than 500 feet to any gas or oil well already drilled or in the process of being drilled shall file with the Director a notice that mining is taking place or will take place, together with a copy of parts of the maps and plans required under § 45.1-161.64, which show the mine workings and projected mine workings which are within 500 feet of the well. The operator shall simultaneously mail copies of such notice, maps and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector. Each notice shall contain a certification made by the sender that he has complied with these requirements.

C. Subsequent to the filing of the notice, the operator may proceed with mining operations in accordance with the maps and plans; however, without the prior approval of the Director, he shall not remove any material, drive any entry, or extend any workings in any mine closer than 200 feet to any gas or oil well already drilled or in the process of being drilled. Each operator who files such a petition shall mail copies of the petition, maps and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The Gas and Oil Inspector and the well operator shall have standing to object to any petition filed under this section. Such objections shall be filed within ten days following the date such petition is filed.

§ 45.1-161.297. Flame safety lamps.

Flame safety lamps shall not be used for detecting methane. The Director shall determine whether flame safety lamps shall constitute approved devices for detecting oxygen deficiency. If flame safety lamps are approved for such purpose, the Director shall establish standards for their use and maintenance.

§ 45.1-161.298. Transportation of miners.

A. The Director shall promulgate regulations regarding (i) the carrying of tools by miners on man-trips; (ii) the riding of miners, except the motorman and trip rider, inside the cars; and (iii) the boarding and unboarding of miners to and from man-trips.

B. Until final regulations promulgated by the Director pursuant to subsection A become effective, the following standards shall apply to the matters to be addressed by such regulations:

1. Each man-trip shall be operated independently of any loaded trip of minerals or other material;

2. All miners, except the motorman and trip rider, shall ride inside the cars; and

3. Miners shall remain seated while in moving man-trip cars, shall not board or leave moving man-trip cars, and shall proceed to and from man-trips in an orderly manner.

§ 45.1-161.299. Bare wires and cables.

A. The Director shall promulgate regulations requiring bare wires, and cables other than ground wires, grounded power wires, and trailing cables to be supported by insulators and away from combustible materials, roof, and ribs.

B. Until final regulations promulgated by the Director pursuant to subsection A become effective, wires and cables not encased in armor shall be supported by well-installed insulators and shall not touch combustible materials, roof, or ribs; however, this requirement shall not apply to ground wires, grounded power conductors, and trailing cables.

§ 45.1-161.300. Use of track as electrical power conductor.

A. The Director shall promulgate regulations regarding the bonding, welding, or securing of rails and track switches where track is used to conduct electrical power.

B. Until final regulations promulgated by the Director pursuant to subsection A become effective, the following standards shall apply where track is used as a power conductor:

1. Both rails of main-line tracks shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet. If the rails are paralleled with a feeder circuit of like polarity, such paralleled feeder shall be bonded to the track rails at intervals of not more than 1,000 feet.

2. At least one rail on secondary track-haulage roads shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet.

3. Track switches on entries shall be well bonded.

4. Rails shall not be used as power conductors in rooms.

§ 45.1-161.301. Disconnecting switches.

A. The Director shall promulgate regulations requiring the installation of disconnecting switches underground in all main power circuits at appropriate locations.

B. Until the final regulations promulgated by the Director pursuant to subsection A become effective, disconnecting switches shall be installed underground (i) in all main power circuits within approximately 500 feet of the bottoms of shafts and boreholes, and (ii) at other places where main power circuits enter the mine.

§ 45.1-161.302. Respiratory equipment and ear protectors.

A. The Director shall promulgate regulations requiring (i) miners exposed for short periods to hazards from inhalation of gas, dust, or fumes to wear approved respiratory equipment and (ii) operators to supply ear protectors to miners upon request.

B. Until the final regulations promulgated by the Director pursuant to subsection A become effective, (i) miners exposed for short periods to hazards from inhaling gas, dust, or fumes shall wear approved respiratory equipment and (ii) ear protectors shall be supplied by the operator to all miners upon request.

§ 45.1-161.303. Fire precautions in transportation of mining equipment.

A. The Director shall promulgate regulations requiring fire precautions be taken when mining equipment is transported underground in proximity to energized trolley wires or trolley feeder wires.

B. Until the final regulations promulgated by the Director pursuant to subsection A become effective, the following standards shall apply to the transportation of mining equipment underground:

1. Prior to moving or transporting any unit of off-track mining equipment in areas of the active workings where energized trolley wires or trolley feeder wires are present: (i) the unit of equipment shall be examined by a certified person to ensure that accumulations of oil, grease, and other combustible materials have been removed from such unit of equipment; and (ii) a qualified person shall examine the trolley wires, trolley feeder wires, and the associated automatic circuit interrupting devices to ensure that proper short circuit protection exists.

2. A record shall be kept of the examinations and shall be made available, upon request, to the Director or his authorized representative.

3. Off-track mining equipment shall be moved or transported in areas of the active workings where energized trolley wires or trolley feeder wires are present only under the direct supervision of a certified person who shall be physically present at all times during moving or transporting such equipment.

4. The frames of off-track mining equipment being moved or transported, in accordance with this subsection, shall be covered on the top and on the trolley wire side with fire-resistant material, where appropriate as determined by the Director.

5. Electrical contact shall be maintained between the mine track and the frames of off-track mining equipment being moved in-track and trolley entries, except that rubber-tired equipment need not be grounded to a transporting vehicle if no metal part of such rubber-tired equipment can come into contact with the transporting vehicle.

6. To avoid accidental contact with power lines, the equipment being transported or trammed shall be insulated or assemblage removed, if necessary, if the clearance to the power lines is six inches or less.

7. Sufficient prior notice shall be given the Department so that a mine inspector may travel the route of the move before the actual move is made, if he deems it necessary.

8. A minimum vertical clearance of twelve inches shall be maintained between the farthest projection of the unit of equipment which is being moved and the energized trolley wires or trolley feeder wires at all times during the movement or transportation of such equipment. If the height of the seam of minerals does not permit twelve inches of vertical clearance to be so maintained, the following additional precautions shall be taken:

a. Electric power shall be supplied to the trolley wires or trolley feeder wires only from outby the unit of equipment being moved or transported. Where direct current electric power is used and such electric power can be supplied only from inby the equipment being moved or transported, power may be supplied from inby such equipment if a miner with the means to cut off the power, and in direct communication with persons actually engaged in the moving or transporting operation, is stationed outby the equipment being moved;

b. The settings of automatic circuit interrupting devices used to provide short circuit protection for the trolley circuit shall be reduced to not more than one-half of the maximum current that could flow if the equipment being moved or transported were to come into contact with the trolley wire or trolley feeder wire;

c. At all times the unit of equipment is being moved or transported, a miner shall be stationed at the first automatic circuit breaker outby the equipment being moved. Such miner shall be in direct communication with persons actually engaged in the moving or transporting operation, and capable of communicating with the authorized person on the surface required to be on duty;

d. Where trolley phones are utilized to satisfy the requirements of subdivision c of this subsection, telephones or other equivalent two-way communication devices that can readily be connected with the mine communication system shall be carried by the miner stationed at the first automatic circuit breaker outby the equipment being moved and by a miner actually engaged in the moving or transporting operation; and

e. No person shall be permitted to be inby the unit of equipment being moved or transported, in the ventilating current of air that is passing over such equipment, except those persons directly engaged in moving such equipment.

The provisions of subdivisions 1 through 8 shall not apply to units of mining equipment that are transported in mine cars, provided that no part of the equipment extends above or over the sides of the mine car.

CHAPTER 14.6.
REQUIREMENTS APPLICABLE TO SURFACE MINERAL MINING.

§ 45.1-161.304. Scope of chapter.

This chapter shall be applicable to the operation of any surface mineral mine in the Commonwealth, and shall supplement the provisions of Chapter 2 (§ 45.1-161.7 et seq.) of this Act.

§ 45.1-161.305. Regulations governing conditions and practices at surface mineral mines.

A. The Director shall promulgate rules and regulations, in accordance with Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act, necessary to ensure safe working conditions and practices at surface mineral mines in the Commonwealth. Nothing in this section shall restrict the Director from promulgating regulations more stringent than regulations promulgated pursuant to the federal mine safety law. Such rules and regulations applicable to surface mineral mines shall establish requirements:

1. For protecting miners from general risks found at surface mineral mines;

2. For the provision and use of personal protection equipment;

3. For controlling unstable ground conditions;

4. For the handling and storage of combustible materials, including requirements for emergency plans, fire-fighting and emergency rescue, fire prevention and safety features on mine equipment, and fire prevention and safety in mine structures and buildings;

5. For controlling exposure to airborne toxic contaminants;

6. For safe storage, transportation, and use of explosives and blasting devices;

7. For the safe design, operation, maintenance, and inspection of drilling equipment;

8. For the construction, use, maintenance, and inspection of boilers, air compressors, and compressed gas systems;

9. For the safe design, operation, maintenance, and inspection of mobile equipment;

10. For the safe design, use, maintenance, and inspection of ladders, walkways, and travelways;

11. For the safe design, operation, maintenance, and inspection of electrical equipment and systems;

12. For the safe design, use, maintenance, and inspection of guards on moving parts of equipment and machinery;

13. For the storage, transportation and handling of materials, including corrosive and hazardous substances;

14. For the safe design, operation, maintenance, and inspection of hoisting equipment and cables; and

15. For the design, construction, maintenance, inspection of refuse piles, and water and silt retaining dams, including emergency response plans.

B. The Director shall not promulgate any regulation relating to surface mineral mines which are inconsistent with requirements established by the Act, or which, when an operator takes action to comply with the provisions of such regulation, would place the operator in violation of the federal mine safety law.

§ 45.1-161.306. Standards for regulations.

In promulgating rules and regulations pursuant to § 45.1-161.305, the Director shall consider:

1. Standards utilized and generally recognized by the surface mineral mining industry;

2. Standards established by recognized professional mineral mining organizations and groups;

3. The federal mine safety law;

4. Research, demonstrations, experiments, and such other information that is available regarding the maintenance of a reasonable degree of safety protection, including the latest available scientific data in the field, the technical and economical feasibility of the standards, and the experience gained under Act and other mine safety laws; and

5. Such other criteria as shall be necessary for the protection of safety of miners and other persons or property likely to be endangered by surface mineral mines or related operations.

§ 45.1-161.307. Mining in proximity to gas and oil wells.

A. The Director shall promulgate regulations requiring operators to notify, and in appropriate circumstances obtain the consent of, the Director prior to removing minerals in the proximity of any gas or oil well already drilled or in the process of being drilled.

B. Any operator who plans to remove any mineral, drive any passage or entry or extend any workings in any mine closer than 500 feet to any gas or oil well already drilled or in the process of being drilled shall file with the Director a notice that mining is taking place or will take place, together with a copy of parts of the maps and plans required under § 45.1-161.64, which show the mine workings and projected mine workings which are within 500 feet of the well. The operator shall simultaneously mail copies of such notice, maps and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector. Each notice shall contain a certification made by the sender that he has complied with these requirements.

C. Subsequent to the filing of the notice, the operator may proceed with mining operations in accordance with the maps and plans; however, without the prior approval of the Director, he shall not remove any material, drive any entry, or extend any workings in any mine closer than 200 feet to any gas or oil well already drilled or in the process of being drilled. Each operator who files such a petition shall mail copies of the petition, maps and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The Gas and Oil Inspector and the well operator shall have standing to object to any petition filed under this section. Such objections shall be filed within ten days following the date such petition is filed.

§ 45.1-161.308. Respiratory equipment.

A. The Director shall promulgate regulations requiring miners exposed for short periods to hazards from inhalation of gas, dust, or fumes to wear approved respiratory equipment.

B. Until the final regulations promulgated by the Director pursuant to subsection A become effective, miners exposed for short periods to hazards from inhaling dust or fumes shall wear approved respiratory equipment.

§ 45.1-161.309. Health regulations.

A. The Director shall have the authority to promulgate regulations requiring that sources of dust at surface mineral mines be wetted down unless controlled by dry collection measures, or other means approved by the Director.

B. The Director shall have the authority to promulgate regulations providing that miners at surface mineral mines which are subject to inspection by the Department pursuant to § 45.1-161.81 shall not be exposed to noise levels that exceed the federal limit adopted by the Mine Safety and Health Administration for noncoal miners. The regulations shall provide that if such exposure exceeds the federal limit, the Director may require the operator to employ feasible engineering and administrative control measures.

CHAPTER 14.7.
RIGHTS OF ADJACENT OWNERS.

§ 45.1-161.310. Consent required before working mine near land of another.

No owner or tenant of any land containing coal, or minerals, within this Commonwealth, shall open or sink, dig, excavate or work in any mine on such land within five feet of the line dividing such land from that of another person, without the consent, in writing, of every person interested in or having title to such adjoining lands or mineral rights in possession, reversion or remainder, or of the guardian of any such person that may be under a disability. If any person violates this section, he shall forfeit $500 to any person injured by such activity and to anyone whose consent is required but not obtained.

§ 45.1-161.311. Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey.

A. The owner, tenant, or occupant of any land or minerals, on or in which a mine is opened and worked, or his agent, shall permit any person interested in or having title to any land or mineral rights coterminal with that in which such mine is located, if he has reason to believe his property is being trespassed, to have ingress and egress with surveyors and assistants to explore and survey such mine at his own expense, for the purpose of ascertaining whether a violation of § 45.1-161.310 has occurred; however, such person shall not be entitled to enter the property more often than once a month. Every owner, tenant, occupant or agent who shall refuse such permission, exploration or survey, shall forfeit twenty dollars for each refusal, to the person so refused.

B. The judge of the general district court of the county or city in which such mine is located, before whom complaint of such refusal shall be made, may issue a summons to such owner, tenant, occupant or agent, to answer such complaint. On the return of the summons executed, and proof that the complainant has right of entry, and that it has been refused without sufficient cause, the judge shall designate an early and convenient time for such entry to be made, and issue his warrant, commanding the sheriff of the county or city to attend and prevent obstructions and impediments to such entry, exploration and survey. The costs of such summons, and a fee of three dollars to the sheriff executing the warrant, shall be paid by the person whose refusal caused the complaint. If the court dismisses the complaint, the costs shall be paid by the party making the complaint.

CHAPTER 14.8.
EMERGENCY SEIZURE OF COAL
PROPERTIES BY COMMONWEALTH.

§ 45.1-161.312. Mining, etc., of coal essential business; subject to seizure by Commonwealth.

Any person engaged in the business of mining, production and marketing of coal, any portion of which is customarily used in the manufacture of heat and power, is hereby declared to be engaged in a business essential to the welfare, health and safety of the people of Virginia, and, under the conditions and in the manner hereinafter set forth, may be seized and operated by the Commonwealth of Virginia, or any agency created and organized for such purpose, for public uses.

§ 45.1-161.313. "Public uses" defined; declaration of policy.

A. As used in this chapter, "public uses" means the mining, production and marketing of coal for the purpose of providing and furnishing heat and power to the people of Virginia.

B. Any imminent threat of substantial interruption or existing substantial interruption of such service is hereby declared to be contrary to the public policy of the Commonwealth, and it is the duty of the government of the Commonwealth to exercise all available means and every power at its command to prevent the same so as to protect its citizens from any dangers, perils, calamities or catastrophes which would result therefrom.

§ 45.1-161.314. Interruption of public uses; proclamation of emergency; seizure.

When in the judgment of the Governor there is an imminent threat of substantial interruption or there exists a substantial interruption of the public uses, he shall proclaim that an emergency exists in this Commonwealth endangering the welfare, health and safety of its people and the enjoyment of the public and private property within its borders, and it shall be the duty of the Governor to forthwith seize and operate the property of any person used in the mining, production and marketing of coal that he deems essential for the protection of the welfare, health and safety of the people of Virginia.

§ 45.1-161.315. Additional powers of Governor to operate seized properties.

The Governor shall, in addition to his inherent power as Governor, have and may exercise the powers and authority to possess and operate properties of any person used in the mining, production and marketing of coal for public uses in the manner hereinafter provided.

§ 45.1-161.316. Virginia Fuel Commission; powers and duties.

To act for and on behalf of the Governor in the enforcement of the powers and duties set forth in this chapter, the Governor may appoint a commission, known and designated as the Virginia Fuel Commission, hereafter the Commission. The Commission shall be composed of three residents of the Commonwealth, one of whom shall be designated by the Governor as chairman. The Commission, subject to the approval of the Governor, shall have in addition to such powers and duties incident hereto as the Governor may have and shall delegate to it, the following powers and duties:

1. To promulgate such rules and regulations and to issue such orders as may in the judgment of the Commission be necessary to accomplish in full the purposes of this chapter, which shall have the force and effect of law and the violation thereof shall be punishable as a Class 1 misdemeanor;

2. To appoint and employ such officers and personnel as in its judgment may be required to carry out the provisions of this chapter and to remove, in its discretion, any and all persons serving thereunder, and to fix, subject to approval by the Governor, the remuneration of all such officers and other personnel. Such personnel shall work subject to such safety provisions as are in force on the property at time of acquisition;

3. To acquire under the power of eminent domain, or by purchase, lease or otherwise, all the property of any person used in the business of mining, production and marketing coal, including all lands, tipples, mines, ores, rights-of-way, leaseholds, and every character and type of equipment deemed by the Commission necessary and incidental to the continuous mining and production of coal; and

4. To operate, manage and control any such properties so acquired; to purchase coal, coke and other fuel and to sell the same, either at retail or at wholesale; to enter into contracts; to allocate and provide for the distribution of coal and other fuels so as to assure distribution deemed most likely to promote the welfare, health and safety of the people of Virginia; and to do any and all things necessary and incident to the mining, production and marketing of coal.

§ 45.1-161.317. Terms and compensation of members of Commission.

Members of the Commission shall be appointed to serve at the pleasure of the Governor at a compensation fixed by the Governor.

§ 45.1-161.318. Chapter subject to provisions of general law.

This chapter shall be subject to all the provisions of general law applicable to coal mining operations.

§ 45.1-161.319. Negotiating purchase or lease of coal properties.

Whenever the Governor shall have proclaimed that an emergency exists under this chapter, and the Governor has appointed the Commission, the Commission shall forthwith make a bona fide attempt to negotiate the purchase or lease of the coal properties of such persons engaged in the mining, production and marketing of coal as the Commission deems necessary to accomplish the purposes of this chapter except where such negotiations cannot be promptly made due to the incapacity of the owners, or one or more of them, of the property, or for any other reason, no attempt to negotiate for the acquisition of such property need be made.

§ 45.1-161.320. Proceedings for condemnation.

A. Proceedings for condemnation hereunder shall be instituted and conducted in the name of the Commission, and the procedure shall, except insofar as altered herein, be as provided in Article 7 (§ 33.1-89 et seq.) of Chapter 1 of Title 33.1.

B. The proceedings for condemnation shall be by petition to the circuit court of the county or city in which the land, property and property rights or the major portion thereof sought to be temporarily acquired are located, which petition shall set forth with reasonable particularity a description and designation of the interests, rights and property intended to be temporarily taken, the name or names of the owners of the property which is to be taken or affected, and such other facts, if any, as may be deemed necessary by the Commission, in order to give adequate information to the court and all persons in interest, which petition shall be verified by oath by a member of the Commission. Upon the filing of said petition in the office of the clerk of the circuit court to which it is addressed, together with as many copies thereof as there are defendants upon which it is to be served, and depositing with the clerk for the custody of the court, and for the benefit of the owners of the properties taken or affected, such an amount of money as the Commission shall estimate to be just compensation for the property temporarily taken and the damage done, if any, the Commission shall thereupon seize and take possession, custody and control of said property or properties. The amount of money so deposited shall not limit the amount of just compensation to be allowed to the owners of the property. Service of said petition upon the defendants shall be made in the manner prescribed by the Rules of the Supreme Court of Virginia with respect to Practice and Procedure in Actions at Law in effect at the time the petition is filed.

§ 45.1-161.321. Expense of acquiring and operating coal properties; funds derived from operation.

The expense of acquiring and operating any property or properties acquired under this chapter shall be paid out of moneys transferred from the general fund of the Commonwealth not otherwise appropriated upon such authorizations as the Governor may prescribe and shall be credited to the account of the Commission, and all funds and revenues derived from or received as a result of said operations shall be paid into the state treasury and credited to the same account. Any amounts transferred upon authorization of the Governor from the general fund of the Commonwealth shall be known and designated as the "Capital Account" of the Commission, which amount, or residue thereof, together with any surplus that may accrue, shall be returned to the general fund of the Commonwealth in the event of liquidation or, in the absence of liquidation, in such installments and at such times as the Governor may prescribe.

§ 45.1-161.322. Restoration of property to owner or operator.

A. Whenever the owner or operator of the business of mining, production and marketing coal, whose property has been acquired by the Commission, shall notify the Commission in writing, stating that he is in position to, and can and will resume operation and render normal service, and shall satisfy the Commission of the correctness of such statement or whenever in the judgment of the Governor the emergency declared by him no longer exists, the Commission shall restore the possession of the property so acquired by them to the owner or operator upon his request. In the event the Commission refuses such restoration of possession, the owner or operator shall have the right to have a rule issued requiring the Commission to show cause why such possession should not be restored and the court shall determine the matter as in this section provided.

B. Any such owner or operator shall be entitled to receive reasonable, proper and lawful compensation for the use of the properties so acquired by the Commonwealth and paid the same out of the state treasury. In the event the Commission has acquired such property by purchase, the owners upon reacquisition shall repay the purchase price less fair compensation for use of such property. In the event the Commission and the owner or operator are unable to agree upon the amount of such compensation either party in interest may file a petition in the circuit court for the county or city in which the property is located for the purpose of having the same judicially determined. The court shall, without a jury, hear such evidence and argument of counsel as may be deemed appropriate and render judgment thereon or may refer to a commissioner such questions as are considered proper and act upon the commissioner's report as in other equity proceedings. An appeal shall lie to the Supreme Court from any final judgment of the court rendered upon the provisions of this chapter.

2. That whenever any of the conditions, requirements, provisions, or contents of any section, article, or chapter of Chapters 1 through 14 (§§ 45.1-1.1 through 45.1-161) of Title 45.1 or any other title of this Code as such titles existed prior to July 1, 1994, are transferred in the same or modified form to a new section, article, or chapter of Chapters 14.1 through 14.8 (§§ 45.1-161.1 through 45.1-161.322) of this title or any other title of this Code and whenever any such former section, article, or chapter is given a new number in this or any other title, all references to any such former section, article, or chapter of Chapters 1 through 14 (§§ 45.1-1.1 through 45.1-161) of Title 45.1 or any other title appearing in this Code shall be construed to apply to the new or renumbered section, article, or chapter containing such conditions, requirements, provisions, contents, or sections thereof.

3. That the regulations of the Department of Mines, Minerals, and Energy in effect on the effective date of this act shall continue in effect to the extent that they are not in conflict with this act and shall be deemed to be regulations promulgated under this act.

4. That this act shall not be construed to require the reappointment of any officer or member of the Virginia Coal Mine Safety Board referred to in § 45.1-161.98, and each such officer and member shall continue to serve the term for which appointed pursuant to the provisions of § 45.1-5.2.

5. That Chapters 1 through 14 (§§ 45.1-1.1 through 45.1-161) of the Code of Virginia are repealed.

6. That the regulations promulgated by the Board of Examiners pursuant to Article 2 (§ 45.1-1.10 et seq.) of Chapter 1 of Title 45.1 of the Code of Virginia in effect on the effective date of this act shall continue in effect as regulations of the Board of Coal Mining Examiners pursuant to Article 3 (§ 45.1-161.24 et seq.), and of the Board of Mineral Mining Examiners pursuant to Article 4 (§ 45.1-161.42 et seq.), of Chapter 14.2 of Title 45.1 of the Code of Virginia, to the extent that they are not in conflict with this act, and shall be deemed to be regulations promulgated by the Board of Coal Mining Examiners and the Board of Mineral Mining Examiners under this act.