Administrative Code

Virginia Administrative Code
12/5/2021

Part II. General Safety Provisions—Surface and Underground

4VAC25-40-100. Employee training.

New or reassigned employees shall be trained in state and company safety regulations and be task trained prior to being assigned a task or duty. Records of training shall be kept in writing at the mine site for the duration of the miner's employment and for 60 days after termination of employment.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-110. Inexperienced employees.

Employees with less than six months of mining experience shall work with or under the direction of an experienced miner.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.2, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-115. Persons younger than 18 years of age working in a mine.

Operators shall ensure no person younger than 18 years of age works in any mine.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 4, eff. November 12, 2020.

4VAC25-40-116. Persons younger than 18 years of age working around a mine.

Operators shall comply with 29 CFR 570.60 regarding persons between 16 and 18 years of age working around any mine.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 4, eff. November 12, 2020.

4VAC25-40-120. When foreman required.

When three or more persons are working in a mine, a certified mine foreman shall be employed who shall ensure that all activities under the foreman's supervision are conducted in a safe manner in compliance with applicable laws and regulations adopted by the department. The director may designate an approved competent person to perform the duties of a certified mine foreman except for the examination made at the beginning of each shift.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-130. Examination by foreman.

The certified mine foreman shall examine active workings at the beginning of each shift. Any hazardous or unsafe condition shall be corrected prior to personnel starting work in the affected area. If the hazardous or unsafe condition cannot be corrected immediately, the affected area shall be barricaded and posted with warning signs. A documented record of the examination shall be made and shall include the date, areas examined, time work began in the area, and time of examination. A documented record of hazards found and corrective actions taken shall also be made. The records shall be signed or certified by the certified mine foreman making the examination. Records of the examinations made at the beginning of each shift shall be kept for one year.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.4, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-140. First aid training for foreman.

The certified mine foreman shall be trained in first aid and possess a valid first aid certificate issued by an approved agency or organization.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.5, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-145. Inspection of mobile and stationary equipment.

Mobile and stationary equipment that is to be used during a shift shall be inspected by the equipment operator. Equipment safety defects shall be reported to the certified mine foreman. Defects that affect the safety or health of persons shall be corrected before the equipment is used.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-150. Assignment of persons to hazardous areas.

No person shall be assigned, allowed, or required to work alone in a hazardous area unless they can be seen or heard by another person in attendance.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.6, eff. July 19, 1989.

4VAC25-40-160. Emergency medical assistance.

Prior arrangements shall be made for emergency medical assistance and transportation of injured personnel.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.7, eff. July 19, 1989.

4VAC25-40-170. Emergency telephone numbers.

Emergency telephone numbers, including fire, rescue, and state mining officials shall be posted at appropriate telephones at the mine.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.8, eff. July 19, 1989.

4VAC25-40-180. Emergency communication systems.

An approved operational communication system acceptable to the director shall be provided and maintained at the mine for obtaining assistance in the event of an emergency.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.9, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-190. Compliance with regulations.

Miners shall comply with all state safety and health regulations applicable to their task or duties.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.10, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-200. Illumination requirements.

Illumination sufficient to provide safe working conditions shall be provided at all active workings, structures, and travelways.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.11, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-210. Cleanliness.

All active workings, structures, and travelways shall be kept clean and orderly.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.12, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-220. Water supplies.

Potable water with a sanitary dispensing method shall be provided at all active workings.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.13, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-230. Toilet facilities.

Suitable, sanitary toilet facilities shall be provided for employees at readily available points in and around the mine.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.14, eff. July 19, 1989.

4VAC25-40-240. Waste receptacles.

Receptacles with covers shall be provided at locations where waste food is disposed. Receptacles shall be emptied frequently and kept in a clean sanitary condition.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.15, eff. July 19, 1989.

4VAC25-40-250. Use of intoxicating substances.

Employees shall not use intoxicating beverages, narcotics or other substances that will impair their ability to perform their assigned task. Employees using substances, whether prescription or over-the-counter, that may impair their ability to perform their assigned task shall notify the person in charge of the mining site prior to starting their shift.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.16, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-260. Posting hazards.

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.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.17, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-270. Refuse piles, water and silt retaining dams.

A. Refuse piles, water and silt retaining dams that meet the size criteria of § 45.1-225.2 of the Code of Virginia shall be designed, constructed, maintained, inspected and abandoned in accordance with §§ 45.1-225.2 through 45.1-225.5 of the Code of Virginia.

B. Water and silt retaining dams that do not meet the size criteria of § 45.1-225.1 of the Code of Virginia shall be designed, constructed and abandoned in accordance with the Minerals Other Than Coal Surface Mining Law (§ 45.1-180 et seq. of the Code of Virginia).

C. Refuse shall be placed only in locations approved by the director.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.18, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-280. Horseplay prohibited.

No person shall engage in horseplay at mines.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.19, eff. July 19, 1989.

4VAC25-40-290. Restricted access.

Access to unattended mine roads or mine openings shall be restricted by use of gates, doors, or fences and warning signs shall be posted.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.20, eff. July 19, 1989; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-300. Closure of roads or openings.

Upon abandonment of a mine, the operator shall effectively close or fence all roads, mine openings, and surface excavations where hazardous conditions exist and warning signs shall be posted. Upon temporary cessation of mining activities as provided for in § 45.1-181 of the Code of Virginia, the operator shall effectively close or barricade access roads and hazardous areas.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.21, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-310. Starting machinery.

Machinery or equipment shall not be started prior to ensuring that affected persons are in the clear. If the machinery or equipment is not visible from the starting switch, an audible warning signal shall be given.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.22, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-320. (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 2.23, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-330. Proper use of machinery.

Machinery and equipment shall be used only for the purpose and within the capacity for which they were intended and designed.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.24, eff. July 19, 1989.

4VAC25-40-340. Lubricating machinery.

Machinery shall not be lubricated while in motion where a hazard exists, unless equipped with extended fittings or cups.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.25, eff. July 19, 1989.

4VAC25-40-350. Repairing machinery.

Repairs or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments. Energy sources, other than those related to electricity (which are covered under 4VAC25-40-2140 and 4VAC25-40-2150) or internal combustion (which are covered under 4VAC25-40-1685), which pose a hazard to miners, shall be tagged out and marked by a means that identifies the individuals doing the work, and locked out if practical, by each authorized person exposed to the hazard. Tags or locks shall be removed only by the persons who installed them or by an authorized person, after ensuring that affected persons are in the clear.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.26, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-360. Maintaining machinery.

Machinery and equipment shall be maintained in accordance with manufacturer's specifications; defective equipment or machinery shall be removed from service immediately.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.27, eff. July 19, 1989.

4VAC25-40-365. Construction and maintenance of structures.

Structures shall be of substantial construction and maintained in safe condition.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-370. Operation of grinding wheels.

Grinding wheels shall be operated within the specifications of the manufacturer of the wheel.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.28, eff. July 19, 1989.

4VAC25-40-380. Stationary grinding machines.

Stationary grinding machines other than special bit grinders shall be equipped with:

1. Peripheral hoods (less than 90° throat openings) capable of withstanding the force of a bursting wheel;

2. Adjustable tool rests set no further than 1/8 inch from the wheel; and

3. Safety washers.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from VR480-05-1.2 § 2.29, eff. July 19, 1989; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-385. Mobile crane requirements for personnel hoisting.

A. The rated capacity of the crane at the radius at which the lift will be made shall be divided by four and this limit shall not be exceeded.

B. A full-cycle operational test lift shall be made prior to lifting of employees. The platform shall carry twice the intended load during the test lift.

C. All lifts shall be made in accordance with the manufacturer's lifting recommendations.

D. The stability of the footing shall be verified during the full-cycle operational test.

E. The load line on which the platform is suspended will have controlled load lowering. The free-fall option shall not be used with suspended work platforms.

F. The operating mechanism of the clutch of every man-hoist drum shall be provided with a locking mechanism, or interlocked electrically or mechanically with the brake, to prevent accidental withdrawal of the clutch.

G. Any boom crane used to hoist personnel shall be equipped with a brake or brakes which shall be capable of holding the work platform at any point.

H. Lifting bridles on working platforms suspended from cranes shall consist of four legs so attached that the stability of the platform is ensured. The lifting bridle on working platforms suspended from cranes shall be secured by a shackle or attached by a closed hook which cannot open due to load position in the hook.

I. Platform requirements.

1. The platform and its components must be capable of supporting, without failure, at least four times the maximum intended load.

2. The platform shall be enclosed with a guardrail system including a top guardrail of approximately 42 inches, a midrail, and a toe-board capable of keeping personnel and materials secured.

a. The number of employees to be hoisted shall be kept to a minimum and in no case shall the number exceed four.

b. Employees using the platform shall be considered to weigh 250 pounds each.

c. The platform shall not be used during high winds and electrical storms or other adverse weather conditions which could endanger employees on the platform.

d. A safety cable shall be attached from the hook to the work platform which would be capable of supporting the suspended load in an upright position in the event of a failure of the main lifting bridle.

e. Personnel shall not ride on the work platform with supplies, materials, or tools other than small hand tools.

f. A standard code of hoisting signals shall be used; one person shall be designated to give hoisting signals.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-388. Rope requirements.

A. Unless damage or deterioration is removed by cut-off, wire ropes shall be removed from service when any of the following conditions exist:

1. The number of broken wires exceeds either:

a. Five percent of the total number of wires; or

b. Fifteen percent of the total number of wires within any strand;

2. On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length;

3. A loss of more than one-third of the original diameter of the outer wire;

4. Rope deterioration from corrosion;

5. Distortion of the rope structure;

6. Heat damage from any source; or

7. Diameter reduction due to wear that exceeds 6.0% of the baseline diameter measurement;

B. Load end attachments.

1. Wire rope shall be attached to the load by a method that develops at least 80% of the nominal strength of the rope;

2. Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer; and

3. Load end attachment methods using splices are prohibited.

C. Drum end attachment. For drum end attachment, wire rope shall be replaced when there is:

1. More than one broken wire at an attachment;

2. Improper installation of an attachment;

3. Slippage at an attachment; or

4. Evidence of deterioration from corrosion at an attachment.

D. Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.

E. Safety devices attached to hoist ropes shall be selected, installed, and maintained according to manufacturers' specifications to minimize internal corrosion, weakening and breaking of the hoist rope.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

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