Administrative Code

Virginia Administrative Code
12/7/2021

Part II. Minimum Certification Requirements

4VAC25-35-50. Underground foreman.

A. Applicants for certification as an underground foreman shall possess five years mining experience at an underground mineral mine or equivalent work experience approved by the division.

B. Applicants may be given three years credit for a surface foreman certificate or bachelor's degree in mining engineering, mining technology, civil engineering or geology, or two years credit for an associate's degree in mining technology or civil technology.

C. Applicants shall possess a valid first aid certificate verifying completion of an approved first aid course.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-60. Surface foreman (this certification is for a person whose job duties include overseeing blasting activities).

A. Applicants for certification as a surface foreman shall possess five years mining experience, at least one year at a surface mineral mine, or equivalent work experience approved by the division.

B. Applicants may be given three years credit for a bachelor's degree in mining engineering, mining technology, civil engineering, civil technology or geology, or two years credit for an associate's degree in mining technology or civil technology.

C. Applicants shall possess a valid first aid certificate verifying completion of an approved first aid course.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-70. Surface foreman, open pit (this certification is for a person whose job duties do not include overseeing blasting activities).

A. Surface foreman, open pit applicants shall possess five years mining experience with at least one year at a surface mineral mine, or equivalent work experience approved by the division.

B. Applicants may be given three years credit for a bachelor's degree in mining engineering, mining technology, civil engineering, civil technology or geology, or two years credit for an associate's degree in mining technology or civil technology.

C. Applicants shall possess a valid first aid certificate verifying completion of an approved first aid course.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-75. Cement plant examiner.

A. Competent persons who are certified as a general mineral miner and who possess at least one year experience working at a cement plant may assist the surface foreman in performing examinations of active work areas of cement plants at the beginning of each shift.

B. The surface foreman shall oversee any examinations of the plant that are performed by a cement plant examiner.

C. Cement plant examiners shall be trained in the safety and health aspects of the plant area they may examine and be trained in the procedures for work place examination and recordkeeping. The operator shall maintain records of the training as required in 4VAC25-40-100.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-35-80. Surface blaster.

A. Surface blaster applicants shall possess one year of blasting experience on a surface mineral mine under the supervision of a certified blaster or possess equivalent work experience approved by the division.

B. Applicants shall possess a valid first aid certificate verifying completion of a first aid course approved by the division.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-90. Underground mining blaster.

A. Underground mining blaster applicants shall possess two years of work experience in an underground mine with at least one year handling and using explosives underground or possess equivalent work experience approved by the division.

B. Applicants shall possess a valid first aid certificate verifying completion of a first aid course approved by the division.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-100. Mineral mining electrician (electrical repairman).

A. Applicants for certification as a mineral mining electrician shall possess work experience as demonstrated by a valid journeyman or master electrical license issued by the Department of Professional and Occupational Regulation, Tradesmen Section or as approved by the division as equivalent to that required for a journeyman license.

B. Applicants shall submit documentation of training or obtain training as required by 30 CFR Part 46 or 30 CFR Part 48 or provide evidence of their knowledge of safe working practices on the mine site as approved by the division.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-110. Mineral mine inspector.

In addition to the requirements set forth in § 45.1-161.292:11 of the Code of Virginia, mine inspector applicants shall demonstrate knowledge and competence in those areas specified in § 45.1-161.292:12 of the Code of Virginia through the examination process. A certificate will not be issued until an applicant is employed by the department. Applicants who already possess a valid coal mine inspector certification pursuant to 4VAC25-20-180 or 4VAC25-20-185 shall be deemed to have met the requirements of this section.

Statutory Authority

§§ 45.1-161.28 and 45.1-161-34 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 30, Issue 6, eff. January 3, 2014; Volume 32, Issue 25, eff. September 22, 2016; Volume 34, Issue 1, eff. October 19, 2017.

4VAC25-35-120. General mineral miner.

A. As set forth in § 45.1-161.292:28 of the Code of Virginia, miners commencing work after January 1, 1997, shall have a general mineral miner certification. Persons excluded from the general mineral miner certification are those involved in delivery, office work, maintenance, service and construction work, other than the extraction and processing of minerals, who are contracted by the mine operator. Hazard training as required by 30 CFR Part 46 or 30 CFR Part 48 shall be provided to these persons.

B. Applicants shall complete certification training in first aid and mineral mining regulations and law, which is conducted by a training instructor approved by the division, a certified MSHA instructor, or a certified mine foreman. Training shall include the following topics, subtopics and practical applications:

1. First aid training shall convey knowledge of first aid practices including identification of trauma symptoms, recognition and treatment of external and internal bleeding, shock, fractures, and exposure to extreme heat or cold. Training shall include a demonstration of skills or passing an examination, as evidenced by the instructor certification submitted in a form acceptable to the division.

2. Law and regulation training shall convey highlights of the mineral mine safety laws of Virginia and the safety and health regulations of Virginia. Specifically, information shall be provided on miner responsibilities and accountability, certification requirements, violations, penalties, appeals and reporting violations to the division. Training shall include a demonstration of skills or passing an examination, as evidenced by the instructor certification submitted in a form acceptable to the division.

C. The trainer will certify to the department that the training and demonstrations required by § 45.1-161.292:28 B of the Code of Virginia and this section have occurred.

D. Applicants who hold a valid first aid certificate as noted in 4VAC25-35-10 shall be considered to have met the first aid requirements.

E. Applicants who have completed training may commence work and shall be considered provisionally certified for up to 60 days from the date the instructor completes the training.

F. The instructor shall submit verification of certification in a form acceptable to the division and the $10 fee for each applicant who completes the training, together with a class roster of all persons who complete the training, within 30 days of the training date.

G. The mine operator shall maintain the following records for those miners required to obtain a general mineral miner certification and those who qualify for exemption, starting January 1, 1997:

1. The employee name, address, and phone number.

2. The job title, employment date and general mineral miner number if applicable.

3. The date training was completed and the instructor providing it for nonexempt employees.

4. If the employee is exempt from the requirements, the date they began working in the mineral mining industry in Virginia.

H. Applicants who already possess a valid general coal miner surface certification pursuant to 4VAC25-20 shall be deemed to have met the requirements of this section.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 28, Issue 21, eff. July 18, 2012; Volume 30, Issue 6, eff. January 3, 2014; Volume 32, Issue 7, eff. January 15, 2016.

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