Administrative Code

Virginia Administrative Code
4/17/2024

Part II. Certification Requirements

4VAC25-20-50. Underground mine foreman.

A. Applicants shall possess five years mining experience, three of which shall be underground, and shall pass the underground mine foreman, map, and gas detection examinations.

B. Applicants shall be given three years credit for a degree in mining engineering from an approved four-year college or two years credit for a degree in mining technology.

C. Applicants shall be at least 23 years of age.

D. Certified mine foremen shall complete the continuing education requirements in this section within two years from the date of their certification and every two years thereafter. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed prior to these deadlines.

E. The holder of the certificate, in order to receive continuing education credit, shall satisfactorily complete an underground mine foreman continuing education course approved by the chief and taught by a certified instructor or other instructor approved by the chief.

F. The underground mine foreman shall complete at least four hours of continuing education every two years.

G. The content of the continuing education course shall include the:

1. Coal Mine Safety Act, Chapter 5 ( § 45.2-500 et seq.) of Title 45.2 of the Code of Virginia;

2. Virginia coal mine safety regulations;

3. Responsibilities of underground mine foreman;

4. Virginia coal mine safety policies and division operators' memos; and

5. Review of fatalities and accident trends in Virginia underground coal mines.

H. A maximum of four hours in excess of the required hours may be carried over to the next continuing education period.

I. Failure to complete continuing education requirements shall result in suspension of a person's certification pending completion of continuing education. If the continuing education requirement is not met within two years from the suspension date, the certification shall be revoked by the BCME.

J. The division shall send notice of any suspension to the last address the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.1, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-60. First class shaft or slope foreman.

A. Applicants shall possess five years mining work experience at a shaft or slope or appropriately related work experience approved by the chief.

B. Applicants shall pass the first class shaft or slope foreman and gas detection examinations.

C. Applicants may be given three years credit for a degree in mining engineering or two years credit for a degree in mining technology.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.2, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-70. Surface mine foreman.

A. Applicants shall possess five years of surface coal mining experience.

B. Applicants shall pass the surface mine foreman, first aid, and gas detection examinations.

C. Certified persons shall complete the continuing education requirements in this section within two years from the date of their certification and every two years thereafter. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed prior to these deadlines.

D. The holder of the certificate, in order to receive continuing education credit, shall satisfactorily complete a surface mine foreman continuing education course approved by the chief and taught by a certified instructor or other instructor approved by the chief.

E. The surface mine foreman shall complete at least four hours of continuing education every two years.

F. The content of the continuing education course shall include the:

1. Coal Mine Safety Act, Chapter 5 ( § 45.2-500 et seq.) of Title 45.2 of the Code of Virginia;

2. Virginia coal mine safety regulations;

3. Responsibilities of surface mine foreman;

4. Virginia coal mine safety policies and division operators' memos; and

5. Review of fatalities and accident trends in Virginia surface coal mines.

G. A maximum of four hours in excess of the required hours may be carried over to the next continuing education period.

H. Failure to complete continuing education requirements shall result in suspension of a person's certification pending completion of continuing education. If the continuing education requirement is not met within two years from the suspension date, the certification shall be revoked by the BCME.

I. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.3, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-80. Surface blaster.

A. Applicants shall possess one year blasting experience on a surface mine under the direction of a certified surface blaster or appropriately related work experience approved by the chief.

B. Applicants shall pass the surface blaster examination and the endorsement section of the examination required by the DMLR and meet any corresponding DMLR requirements in 4VAC25-130-850.14. The gas detection examination is not required.

C. Certified surface blasters must be recertified in accordance with the DMLR requirements in 4VAC25-130-850.15. To remain certified, a blaster shall be recertified every five years by:

1. Presenting written proof that he has demonstrated blasting competency in his work during two of the last three years immediately preceding the expiration date; or

2. Retaking and passing the mined land reclamation portion of the blaster exam.

D. An applicant who fails the exam shall complete the training required by DMLR regulations in 4VAC25-130-850.13 and pass the coal surface blaster's exam prior to recertification.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.4, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-90. Underground shot firer.

A. Applicants shall possess two years coal mining experience underground, one year of the two years shall have included handling and using explosives underground under the direction of a certified underground shot firer, or appropriately related work experience approved by the chief.

B. Applicants shall pass the underground shot firer and gas detection examinations.

C. Beginning August 25, 2005, a certified underground shot firer must be recertified every five years by:

1. Presenting written proof that he has performed underground blasting duties in his work during two of the last three years immediately preceding the expiration date;

2. Retaking and passing the underground shot firer examination; or

3. Presenting verification of completion of underground mine foreman or other continuing education that included underground blasting safety training.

D. Failure to maintain education or training requirements shall result in suspension of a person's certification pending completion of continuing education or training. If the continuing education or training requirement is not met within two years from the suspension date, the certification shall be revoked by the BCME.

E. The division shall send notice of any suspension to the last address the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.5, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-100. Underground electrical repairman.

A. Applicants shall possess one year of electrical experience in underground coal mining under the direction of a certified underground electrical repairman or appropriately related work experience approved by the chief.

B. Applicants shall pass the underground electrical repairman and gas detection examinations.

C. Applicants may be given six months credit for electrical educational training from a college, technical school, or vocational school.

D. Applicants who are certified may perform electrical work at underground locations.

E. Continuing education requirements.

1. An underground electrical repairman certification shall remain valid if the certified person meets the MSHA annual electrical retraining requirements (30 CFR 75.153(g)).

2. Submission of a copy of documentation sent to MSHA shall be acceptable to meet this requirement.

3. If a certificate expires because the certificate holder fails to complete the electrical retraining requirements, then the holder of the expired certificate shall meet requirements of Part I (4VAC25-20-10 et seq.) of this chapter and pass the electrical repairman examination prior to reinstatement of certification by the board.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.6, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-110. Surface electrical repairman.

A. Applicants shall possess one year of electrical experience in surface coal mining under the direction of a certified surface electrical repairman or appropriately related work experience approved by the chief.

B. Applicants shall pass the surface electrical repairman and gas detection examinations.

C. Applicants may be given six months credit for electrical educational training from a college, technical school, or vocational school.

D. Applicants who are certified may perform electrical work at surface locations only.

E. Continuing education requirements.

1. A surface electrical repairman certification shall remain valid if the certified person meets the MSHA annual electrical retraining requirements (30 CFR 77.103(g)).

2. Submission of a copy of documentation sent to MSHA shall be acceptable to meet this requirement.

3. If a certificate expires because the certificate holder fails to complete the retraining requirements, then the holder of the expired certificate shall meet requirements of Part I (4VAC25-20-10 et seq.) of this chapter and pass the surface electrical repairman examination prior to reinstatement of certification by the board.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.7, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-120. Electrical maintenance foreman (surface and underground).

A. Applicants shall hold a valid electrical repairman certification prior to being eligible to take the appropriate electrical maintenance foreman examination and shall pass the appropriate electrical maintenance foreman examination.

B. Applicants shall possess three years electrical experience as applied to underground mining or appropriately related work experience approved by the chief.

C. Applicants may be given one year credit for an electrical engineering degree, or six months credit for electrical education training from a technical or vocational school.

D. Applicants who become certified may perform electrical work at surface and underground locations.

E. Applicants must meet continuing education requirements in subsection E of 4VAC25-20-100 for an electrical repairman.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.8, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-125. Electrical maintenance foreman (surface).

A. Applicants shall hold a valid electrical repairman certification prior to being eligible to take the appropriate electrical maintenance foreman examination and shall pass the electrical maintenance foreman examination.

B. Applicants shall possess three years electrical experience as applied to surface mining or appropriately related work experience approved by the chief.

C. Applicants may be given one year credit for an electrical engineering degree, or six months credit for electrical education training from a technical or vocational school.

D. Applicants who become certified may perform electrical work at surface locations only.

E. Applicants must meet continuing education requirements in subsection E of 4VAC25-20-100 for an electrical repairman.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-129. Chief electrician (surface and underground).

A. Applicants shall hold a valid electrical repairman and electrical maintenance foreman certification prior to being eligible to take the chief electrician examination and shall pass the appropriate chief electrician examination.

B. Applicants shall possess five years electrical experience or appropriately related work experience approved by the chief and shall meet continuing education requirements in subsection E of 4VAC25-20-100 for an electrical repairman.

C. Applicants who become certified may perform electrical work at surface and underground locations.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-130. Chief electrician (surface).

A. Applicants shall hold a valid electrical repairman and electrical maintenance foreman certification prior to being eligible to take the chief electrician examination and shall pass the appropriate chief electrician examination.

B. Applicants shall possess five years electrical experience or appropriately related work experience approved by the chief and shall meet continuing education requirements in subsection E of 4VAC25-20-100 for an electrical repairman.

C. Applicants who become certified may perform electrical work at surface locations only.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.9, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-140. Hoisting engineer.

A. Applicants shall possess two years of practical mining experience and one year of hoisting experience under the direction of a certified hoisting engineer or appropriately related work experience approved by the chief. A certified hoisting engineer shall verify the hoisting experience.

B. The applicant shall pass the hoisting engineer and gas detection examinations.

C. After the examination has been successfully completed, the applicant shall obtain written permission from a mine official to have a representative from the division observe the applicant's operation of hoisting equipment at the mine. Permission shall be on company stationery, signed by the company official, and submitted to the division.

D. A certified hoisting engineer may act as an automatic elevator operator after completing the on-site demonstration required by 4VAC25-20-240 C.

E. A hoisting engineer must be recertified every five years by:

1. Presenting written proof that he has performed hoisting engineer duties in his work during two of the last three years immediately preceding the expiration date; or

2. Retaking and passing the practical demonstration section of the hoisting engineer examination and meeting requirements of subsection C of this section.

F. Failure to maintain education or training requirements shall result in suspension of a person's certification pending completion of continuing education or training. If the continuing education or training requirement is not met within two years from the suspension date, the certification shall be revoked by the BCME.

G. The division shall send notice of any suspension to the last address the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.10, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-150. Top person.

A. Applicants shall possess one year of practical mining experience with at least 30 days under the direction of a certified top person or appropriately related work experience approved by the chief.

B. Applicants shall pass the top person, first aid, and gas detection examinations.

C. This certification shall not be used in lieu of any other certification.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.11, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-160. Preparation plant foreman.

A. Applicants shall possess five years coal mining experience, at least one year shall be at a preparation plant, or appropriately related work experience approved by the chief.

B. Applicants shall pass the preparation plant foreman and gas detection examinations.

C. Applicants may be given three years credit for a degree in mining engineering or two years credit for a degree in mining technology.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.12, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-170. Dock foreman.

A. Applicants shall possess one year experience at a dock or appropriately related work experience approved by the chief.

B. Applicants shall pass the dock foreman and gas detection examinations.

C. This certification shall not be used in lieu of any other certification.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.13, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-180. Underground mine inspector.

A. Applicants shall possess mining experience as described in § 45.2-512 of the Code of Virginia.

B. Applicants shall be given three years credit for a degree in mining engineering from an approved four-year college.

C. Applicants shall hold a valid Underground Mine Foreman Certificate.

D. Applicants shall meet the continuing education requirements of 4VAC25-20-50 for underground mine foreman.

E. Applicants shall pass the underground mine inspector examination.

F. A certificate will not be issued until an applicant is employed by the department and shall only remain valid while the person is employed by the department.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.14, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-185. Surface mine inspector.

A. Applicants shall possess mining experience as described in § 45.2-512 of the Code of Virginia.

B. Applicants shall be given three years credit for a degree in mining engineering from an approved four-year college.

C. Applicants shall hold a valid Surface Mine Foreman Certificate.

D. Applicants shall meet the continuing education requirements of 4VAC25-20-70 for surface mine foreman.

E. Applicants shall pass the surface mine inspector examination.

F. A certificate will not be issued until an applicant is employed by the department and shall only remain valid while the person is employed by the department.

G. Applicants who already possess a valid underground mine inspector certification pursuant to 4VAC25-20-180 shall be deemed to have met the requirements of this section.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 34, Issue 1, eff. October 19, 2017; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-190. Underground diesel engine mechanic.

A. All maintenance work performed on diesel engines used to power equipment in underground coal mines shall be performed by, or under the direct supervision of, a person possessing a Diesel Engine Mechanic Certificate issued by the BCME. In addition, no operator of an underground coal mine in the Commonwealth of Virginia may use diesel-powered equipment in the mine without first employing a diesel engine mechanic who is certified by the BCME.

B. "Maintenance" shall include all of the tasks required to be performed routinely to ensure that the engine exhaust emissions conform with the requirements of the laws and regulations of Virginia and MSHA, and with the maintenance recommendations of the manufacturer of the engine.

C. Applicants shall possess six months experience as a diesel engine mechanic, complete a diesel engine mechanic course approved by the division, or possess appropriately related work experience approved by the chief. A one-year diesel engine mechanic program approved by the division may be substituted for the diesel engine mechanic experience.

D. Applicants shall pass the underground diesel engine mechanic, first aid, and gas detection examinations.

E. The initial training course for diesel engine mechanics shall include at least 32 hours of classroom instruction and be taught by a certified instructor.

F. To qualify for approval by the chief, the content of the initial training course for diesel engine mechanics shall include, but is not limited to:

1. Diesel engine principles;

2. Diesel fuel and fuel systems;

3. Engine exhaust systems;

4. State and federal diesel laws and regulations;

5. Safe use of equipment;

6. Emission controls, testing procedures and recordkeeping; and

7. Protection of health of workers exposed to diesel equipment.

G. The annual continuing education course for diesel engine mechanics shall include at least four hours of classroom instruction and be taught by a certified instructor.

H. The content of the continuing education course shall include, but not be limited to:

1. Diesel technology;

2. State and federal diesel laws and regulations;

3. Safe use of equipment;

4. Protection of the health of workers exposed to diesel equipment; and

5. Required emission test procedures and recordkeeping.

I. A Diesel Engine Mechanic Certificate shall remain valid until December 31 following the anniversary date of the initial training, providing the certification requirements are met, unless the certificate is revoked by the BCME.

J. The holder of the certificate shall renew the certificate by satisfactorily completing a diesel engine mechanic continuing education course approved by the chief and taught by a certified instructor.

K. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed before the expiration of the card.

L. Failure to complete the required education shall result in suspension of certification pending completion of continuing education. If the continuing education requirement is not met within two years from the suspension date, then the certification shall be revoked by the BCME.

M. The division shall send notice of any suspension to the last known address that the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.15, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-200. Diesel engine mechanic instructor.

A. Applicants shall have teaching experience and be a certified diesel engine mechanic or possess appropriately related work experience approved by the chief.

B. Applicants shall maintain the certificate by teaching at least one approved diesel engine mechanic course every two years or at least one approved diesel engine mechanic continuing education course every year.

C. Documentation shall be submitted to the division indicating the required teaching has been completed.

D. Failure to complete the required teaching shall result in suspension of the certification. Applicants may meet the teaching requirement by teaching under the supervision of a certified diesel mechanic engine instructor. If the teaching requirement is not met one year from suspension, then the certification shall be revoked by the BCME.

E. The division shall send notice of any suspension to the last known address that the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.16, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-210. Advanced first aid.

A. Applicants shall complete a 24-hour advanced first aid class, at minimum, taught by a certified advanced first aid instructor or possess appropriately related work experience approved by the chief and pass the advanced first aid examination.

B. Approved advanced first aid classes shall cover the following subjects:

1. Introduction to first aid;

2. Respiratory emergencies and cardiopulmonary resuscitation; i.e., heart saver or other four-hour equivalent;

3. Removal of foreign bodies from the throat (the Heimlich Maneuver);

4. Wounds;

5. Shock;

6. Specific injuries including head and chest;

7. Contamination, infection, and prevention;

8. Burns;

9. Cold exposure and frost bite;

10. Bone and joint injuries;

11. Dressings and bandages;

12. Sudden illness;

13. Emergency underground rescue and transfer;

14. Unusual rescue situations related to mining;

15. Poisoning, toxic and hazardous materials;

16. Transportation of victims; and

17. Heat exposure.

C. An advanced first aid certification in good standing with the BCME shall remain valid until the last day of the month following the anniversary date of the initial or continuing education training. Certified persons shall complete four hours continuing education annually, which is taught by a certified advanced first aid instructor, to maintain their advanced first aid card. This continuing education requirement shall include documented annual training in CPR and recertification every two years.

D. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed.

E. Applicants holding a valid EMT card or EMT first responder card, shall be deemed eligible to receive advanced first aid certification without having to complete the initial advanced first aid class or without passing the advanced first aid examination. All applicants shall complete eight hours of continuing education. The advanced first aid certification shall start on the day the applicant's EMT certification or EMT first responder certification expires.

F. Failure to complete required continuing education shall result in suspension of the certification pending completion of the continuing education. If the continuing education requirement is not met within one year from the suspension date, then the certification shall be revoked by the BCME.

G. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.17, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 29, Issue 25, eff. September 25, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-220. Advanced first aid instructor.

A. Applicants shall be certified as an advanced first aid instructor by the American Red Cross, National Safety Council, Virginia Office of Emergency Medical Services, or as otherwise approved by the chief. Applicants shall also be certified in cardiopulmonary resuscitation by the American Heart Association, the American Red Cross, or other training programs approved by the Virginia Office of Emergency Medical Services and approved by the chief. Advanced first aid instructors must use the materials and training aids necessary to deliver the skills and training associated with advanced first aid.

B. The holder of the certificate shall submit documentation to the division indicating that they have continued their certification as required by subsection A of this section or by teaching one initial or refresher first aid training course for the department within a two-year period.

C. Failure to maintain a certified advanced first aid instructor's certification will result in suspension of the applicant's BCME certification. Applicants may meet the teaching requirement by teaching under the supervision of an advanced first aid instructor. If the certification is not renewed within one year from the suspension date, then the certification shall be revoked by the BCME.

D. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.18, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 29, Issue 25, eff. September 25, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-230. Surface facilities foreman for shops, labs and warehouses.

A. Applicants shall possess one year work experience at a shop, lab or warehouse or appropriately related work experience approved by the chief.

B. Applicants shall pass the surface facilities foreman and gas detection examinations.

C. This certification shall not be used in lieu of any other certification.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.19, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-240. Automatic elevator operator.

A. Applicants shall possess one year mining experience or appropriately related work experience approved by the chief.

B. Applicants shall pass the automatic elevator operator and gas detection examinations.

C. The applicant shall obtain written permission from a mine official to have a representative from the division observe the applicant's operation of an automatic elevator at the mine. Permission shall be on company stationery, signed by the company official, and submitted to the division prior to the scheduled observation. The applicant shall demonstrate proper use of the equipment.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.20, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-250. Gas detection qualification.

A. The applicant shall demonstrate the proper use of gas detection equipment and shall pass the gas detection examination. The applicant shall also demonstrate a practical knowledge of mine gases.

B. The general requirements of 4VAC25-20-20 shall not apply except the applicants shall complete Form DM-BCME-1.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 2.21, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-255. General coal miner (GCM) surface and underground.

A. General coal miner certification, surface, authorizes work at surface mines, surface facility locations and surface areas of underground coal mines. This does not authorize underground duties at underground coal mines. General coal miner certification, underground, authorizes work at underground areas and surface areas of underground mines.

B. Applicants employed in Virginia coal mines prior to January 1, 1996, who wish to become certified shall:

1. Meet the requirements of Part I (4VAC25-20-10 et seq.) of this chapter;

2. Submit a notarized work experience form verifying (surface or underground) mining experience prior to January 1, 1996; and

3. Pass the gas detection examination if they are not already gas detection qualified unless working only on the surface of a mine.

C. Applicants seeking certification after January 1, 1996, shall:

1. Meet the requirements of Part I (4VAC25-20-10 et seq.) of this chapter.

2. Complete training which shall include highlights of the coal mine safety laws of Virginia and the underground coal mine safety and health regulations of the division and the BCME. The training shall address surface mining requirements for the GCM Surface Certification or underground coal mining requirements for the GCM Underground Certification. The training shall include a demonstration of knowledge or passing of a written examination on Virginia's coal mine safety laws and regulations covering either surface or underground mining. First aid shall be included in the general coal miner training unless applicants submit new miner training or annual refresher training to meet first aid requirements.

3. Submit Form DM-BCME-3, Verification of Training Completed for General Coal Miner Certification, prior to commencing work in a coal mine. The form shall be signed by the employee and the instructor and the date they sign will be the effective date of the General Coal Miner certification.

4. Pass the gas detection examination unless working only on the surface of a mine.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-259. BCME instructor.

A. Instructors conducting training used to meet requirements of the BCME shall be certified unless otherwise approved in this chapter.

B. To become a certified instructor, the person shall:

1. Submit an application showing applicable mining knowledge and instructor experience.

2. Agree to monitoring and evaluation by division instructors and demonstrate the knowledge, skill and ability to conduct training.

3. Agree to participate with division representatives in a review of the materials to be taught if the person is not certified in the areas he wishes to teach.

4. Provide students with the opportunity to critique the instructor's effectiveness by use of a critique form.

C. Final approval for certification shall be based on an evaluation of performance.

D. Applicants shall maintain the certificate by teaching at least one approved certification course every two years.

E. The holder of the certificate shall submit documentation to the division indicating the required teaching has been completed.

F. Failure to recertify shall result in suspension of the certification pending completion of the required teaching. Applicants may meet the teaching requirement by teaching under the supervision of a certified instructor. If the teaching requirement is not met within one year from the suspension date, then the certification shall be revoked by the BCME.

G. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I and to the last known employer address.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

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