Administrative Code

Virginia Administrative Code
11/27/2021

Article 9. Safety Program

4VAC25-40-4060. Mine emergency and self-rescue training.

A. On an annual basis all persons who are required to go underground shall be instructed in applicable sections of the Bureau of Mines Instruction Guide 19, Mine Emergency Training.

B. On an annual basis all persons who are required to go underground shall be instructed in the use of the individual self-rescue device provided to them. The instruction shall be given by a competent person using a training model of the same type as the self-rescue device provided to the employee.

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 § 15.130, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4061. Mine rescue stations.

Mines employing 75 or more persons underground shall either:

1. Maintain a mine rescue station equipped with at least 10 self-contained oxygen breathing apparatus, each with a minimum of two hours capacity, along with adequate supplies and spare parts; or

2. Affiliate with central or cooperative mine rescue stations that can provide two fully equipped mine rescue teams in the event of an emergency. Such affiliations shall be in writing and must be approved annually 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 Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4062. Rescue apparatus.

Mine rescue apparatus shall be acceptable to the MSHA or other approved agency and shall be properly maintained for immediate use. The equipment shall be tested at least once a month and records kept of the tests for at least 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 Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4063. Rescue crews to be provided.

At any mine employing 75 or more persons underground, at least two rescue crews of five persons each shall be trained at least annually in the use, care, and limitations of self-contained oxygen breathing and firefighting apparatus and in mine rescue procedures. The training shall be given by division personnel or by persons approved to give such instruction. Rescue crews shall include supervisory and key personnel familiar with all mine installations that could prove vital to firefighting and rescue operations.

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.

4VAC25-40-4064. Alternative mine rescue capability.

Mines employing fewer than 75 persons underground shall maintain mine rescue capabilities as described in 4VAC25-40-4061 through 4VAC25-40-4063, or the operator may request in writing and obtain approval from the director for an alternative mine rescue capability. Such alternative mine rescue plans shall be subject to annual review and approval.

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.

4VAC25-40-4065. Mine evacuation drills.

Mine evacuation drills shall be held for each shift once every six months. These evacuation drills shall involve all employees each shift and shall include:

1. Activation of the fire alarm system; and

2. Evacuation of all persons from their work areas to the surface or to designated central evacuation points at some time other than a shift change.

Records of such drills, showing the time and date, shall be kept for at least two years after each drill.

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.

4VAC25-40-4066. Instruction in escape plans.

All persons who work underground shall be instructed at least once each calendar year on current escape and evacuation plans, fire alarm signals, and applicable procedures to be followed in case of fire or other emergency. New employees shall receive such instructions before going underground. Whenever an employee is assigned to work in another area of the mine, he shall be instructed on the escapeway for that area at the time of such assignment. However, employees who normally work in more than one area of the mine shall be instructed at least once each calendar year in the location of escapeways for all areas of the mine in which they normally work or travel. Whenever a change is made in escape and evacuation plans and procedures for any area of the mine, all affected employees shall be instructed of such change. Records of instruction shall be kept for two years.

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.

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