Code of Virginia

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Code of Virginia
Title 45.1. Mines and Mining
Chapter 14.3. Requirements Applicable to Underground Coal Mines
7/25/2021

Article 16. Additional Duties of Certified Persons and Other Miners.

§ 45.1-161.249. (Repealed effective October 1, 2021) Duties of mine foreman.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.

B. The mine foreman shall see that every miner employed to work in such mine before beginning work therein, is aware of all hazardous conditions incident to his work in such mine. Any imminent danger that cannot be removed within a reasonable time shall be reported to the Chief by the quickest available means.

Code 1950, §§ 45-35, 45-40; 1954, c. 191; 1966, c. 594, § 45.1-17; 1978, c. 729; 1993, c. 170; 1994, c. 28; 1996, c. 774; 1999, c. 256; 2015, cc. 103, 397.

§ 45.1-161.250. (Repealed effective October 1, 2021) Employment and duties of top persons; plan for excavation of shaft or slope.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 that includes the following: (i) the name and location of the mine and slope or shaft; (ii) a description of the work and methods to be used in the construction of the slope or shaft; (iii) a description of the methods to be used to ensure wall and roof stability; (iv) a description of the system of ventilation to be used including procedures for evacuation of the slope or shaft should a fan stoppage occur; (v) details of hoisting equipment to be used; and (vi) such other information as may be required by the Chief. The excavation of a shaft or slope shall not begin until the plan is approved by the Chief.

1980, c. 442, § 45.1-20.1; 1994, c. 28; 2011, cc. 826, 862.

§ 45.1-161.251. (Repealed effective October 1, 2021) Employment of inexperienced underground miners.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 there is the potential to endanger his safety unless he can communicate with others, can be heard, or can be seen.

Code 1950, §§ 45-35, 45-40; 1954, c. 191; 1966, c. 594, § 45.1-17; 1978, c. 729; 1993, c. 170; 1994, c. 28; 1999, c. 256.

§ 45.1-161.252. (Repealed effective October 1, 2021) 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 or other instructors who are certified by the Board of Coal Mining Examiners and authorized by the Chief to determine his fitness to detect explosive gas before being permitted to have charge of machines in such mines.

Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28; 2012, cc. 109, 241.