Title 45.2. Mines, Minerals, and Energy
Chapter 11. Mineral Mine Safety Act
Article 2. Director and Mining Inspectors.
§ 45.2-1108. Affiliations of Department personnel with labor union, mining company, etc.; interest in mine; inspections of mines where inspector previously employed.A. Neither the Director nor any other officer or employee of the Department shall, upon taking office or being employed, or at any other time during the term of his office or employment, have any affiliation with any operating company, operators' association, or labor union or fail to comply with the provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.). Neither the Director nor any other officer while in office shall be directly or indirectly interested as owner, partner, proprietor, lessor, operator, superintendent, or engineer of any mine, nor shall the Director or any other officer while in office own any stock in a corporation that owns a mine either directly or through a subsidiary.
B. Neither the Director nor any mine inspector shall perform an inspection at any mine at which he was last employed for a period of two years following termination of his employment.
1997, c. 390, § 45.1-161.292:9; 2021, Sp. Sess. I, c. 387.
§ 45.2-1109. Appointment and general qualifications of mine inspectors.A. Each mine inspector shall be appointed by the Director.
B. Each mine inspector shall (i) be at least 25 years of age; (ii) be of good moral character and temperate habits; (iii) hold a certificate as a mine foreman; and (iv) hold a certificate as a mine inspector issued prior to July 1, 2012, by the Board of Mineral Mining Examiners or on or after July 1, 2012, by the Department.
1997, c. 390, §§ 45.1-161.292:10, 45.1-161.292:11; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.
§ 45.2-1110. Qualifications of mine inspectors.Each mine inspector conducting inspections of mineral mines shall have a thorough knowledge of the various systems of working and ventilating underground mineral mines and working surface mineral mines, the control of mine roof and ground control, methods of rescue and recovery in mining operations, the application of electricity and mechanical loading in mining operations, equipment and explosives used in mining, and mine haulage.
1997, c. 390, § 45.1-161.292:12; 2021, Sp. Sess. I, c. 387.
§ 45.2-1111. Duties of Director.A. The Director shall (i) supervise the execution and enforcement of all laws pertaining to the safety and health of persons employed within or at mineral mines within the Commonwealth and the protection of property used in connection therewith and (ii) perform all other duties required pursuant to the Act.
B. The Director shall keep a record of all inspections of mineral mines made by him or his authorized representatives. The Director shall also keep a permanent record of such inspections, properly indexed, and such record shall at all times be open to inspection by any citizen of the Commonwealth.
1997, c. 390, § 45.1-161.292:13; 2021, Sp. Sess. I, c. 387.
§ 45.2-1112. Technical specialists.The Director may appoint technical specialists in the areas of roof control, electricity, ventilation, and other mine specialties. Each technical specialist shall have all the qualifications of a mine inspector plus any specialized knowledge required in his field. A technical specialist shall advise the Director and mine operators in the areas of his specialty and shall have the power of an inspector to issue a closure order only in a case of imminent danger.