Virginia Law

The provisions of this chapter and Chapter 8 (§ 45.2-800 et seq.) shall apply to the operation of any underground coal mine in the Commonwealth and shall supplement the provisions of Chapter 5 (§ 45.2-500 et seq.).

1994, c. 28, § 45.1-161.105; 2021, Sp. Sess. I, c. 387.

A. The Chief may, after consultation with the Virginia Coal Mine Safety Board, created by Article 9 (§ 45.2-576 et seq.) of Chapter 5, and in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, adopt regulations necessary to ensure safe and healthy working conditions in underground coal mines in the Commonwealth. Such regulations governing underground coal mines shall relate to:

1. The maintenance, operation, storage, and transportation of any mechanical or electrical equipment, device, or machinery used for any purpose in the underground mining of coal;

2. Safety and health standards for the protection of the life, health, and property of, and the prevention of injuries to, any person involved in or likely to be affected by any underground coal mining operation. Such standards shall include the control of dust concentration levels; the use of respiratory equipment and ventilating systems; the development and maintenance of roof control systems; the handling of combustible materials and rock dusting; the installation, maintenance, and use of electrical devices, equipment, cables, and wires; fire protection, including equipment, emergency evacuation plans, emergency shelters, and communication facilities; the use and storage of explosives; and the establishment and maintenance of barriers in underground coal mines around gas and oil wells. The Chief may adopt regulations setting forth specific occupations and conditions under which a miner is prohibited from working alone underground; and

3. The storage or disposal of any matter or materials (i) extracted or disturbed as the result of an underground coal mining operation or (ii) used in the mining operation or for the refinement or preparation of the materials extracted from the coal mining operation, so that such matter or material does not threaten the health or safety of the miners or the general public.

B. The Chief shall not adopt any regulation establishing any requirement for the operation of, or conditions at, an underground coal mine that is inconsistent with requirements established by the Act.

Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c. 784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963; 1994, c. 28, § 45.1-161.106; 2021, Sp. Sess. I, c. 387.

In adopting regulations pursuant to § 45.2-701, the Chief shall consider:

1. Standards utilized and generally recognized by the coal mining industry;

2. Standards established by recognized professional coal mining organizations and groups;

3. The federal mine safety law;

4. Research, demonstrations, experiments, and such other information that is available regarding the maintenance of the highest degree of safety protection, including the latest available scientific data in the field, the technical feasibility of the standards, and the experience gained under the Act and other mine safety laws; and

5. Such other criteria as are necessary for the protection of the safety and health of miners and other persons or property likely to be endangered by underground coal mines or related operations.

Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c. 784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963; 1994, c. 28, § 45.1-161.107; 2021, Sp. Sess. I, c. 387.

A. The mine foreman shall see that the requirements of the 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, § 45.1-161.249; 1996, c. 774; 1999, c. 256; 2015, cc. 103, 397; 2021, Sp. Sess. I, c. 387.

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 top persons certified pursuant to § 45.2-534. It is 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 or slope 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 shaft or slope; (ii) a description of the work and methods to be used in the construction of the shaft or slope; (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 shaft or slope if a fan stoppage occurs; (v) details of hoisting equipment to be used; and (vi) such other information as the Chief requires. The excavation of such shaft or slope shall not begin until the plan is approved by the Chief.

1980, c. 442, § 45.1-20.1; 1994, c. 28, § 45.1-161.250; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.

A. An inexperienced underground miner shall be required to work with an experienced underground miner for a total of at least six months following the start of underground employment. However, an experienced surface miner shall only be required to work with an experienced underground miner for a total of at least 60 days following the start of underground employment.

B. No inexperienced underground miner shall be assigned, allowed, or required to perform work alone in any area where there is a potential danger to his safety unless he can communicate with others or be heard or 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, § 45.1-161.251; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

No miner shall be placed in charge of a cutting, loading, drilling, continuous miner, or timbering machine in any mine if such miner is not an authorized person capable of determining the safety of the roof and ribs of a working place. Such miner shall also be capable of detecting the presence of explosive gas and shall undergo examination by a mine inspector or other instructor certified by the Board of Coal Mining Examiners and authorized by the Chief to determine the miner's fitness to detect explosive gas before being permitted to have charge of a machine in such mine.

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, § 45.1-161.252; 2012, cc. 109, 241; 2021, Sp. Sess. I, c. 387.

A. Except as provided in subsection D, an operator who plans to remove coal, drive any passage or entry, or extend any workings in any mine within 500 feet of any gas or oil well already drilled into the projected mine workings or in the process of being drilled into the projected mine workings shall file with the Chief a notice that such mining is taking place or will take place. The notice shall include a copy of parts of the maps and plans required under § 45.2-542 that show the mine workings or projected mine workings that are within 500 feet of the well. The operator shall simultaneously mail copies of such notice, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector appointed pursuant to § 45.2-1604. Each notice shall contain a certification made by the operator that he has complied with the provisions of this subsection.

B. Subsequent to the filing of the notice required by subsection A, the operator may proceed with mining operations in accordance with the maps and plans; however, without the prior approval of the Chief, he shall not remove any coal, drive any entry, or extend any workings in any mine within 200 feet of any gas or oil well already drilled or in the process of being drilled into the projected mine workings.

C. The Chief shall adopt regulations that prescribe the procedure to be followed by mine operators in petitioning the Chief for approval to conduct such activities within 200 feet of a gas or oil well or a vertical ventilation hole drilled or in the process of being drilled into the projected mine workings. Each operator who files such a petition shall mail copies of the petition, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The Gas and Oil Inspector and the operator of the gas or oil well or vertical ventilation hole shall have standing to object to any petition filed under this section. Such objection shall be filed within 10 days following the date such petition is filed.

D. Procedures for safely mining in proximity to or through a coalbed methane well or a vertical ventilation hole developed for methane drainage in a mine shall be addressed in the bleeder system plan for that mine required by § 45.2-837.

1990, c. 92, § 45.1-92.1; 1994, c. 28, § 45.1-161.121; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. The mine foreman shall ensure that boreholes are drilled in each advancing working place that is (i) within 50 feet of an abandoned area in the mine as shown by a survey made and certified by a registered engineer or surveyor, (ii) within 200 feet of an abandoned area in the mine that has not been certified as surveyed, or (iii) within 200 feet of any mine workings of an adjacent mine located in the same coal bed unless the adjacent area of the mine has been pre-shift examined pursuant to § 45.2-826. Each borehole shall be at least 20 feet in depth, shall always be maintained not less than 10 feet in advance of the face, and shall be not more than eight feet from an adjacent borehole unless approved by the Chief. One borehole shall also be drilled for each cut on any side of the active workings that is being driven toward and in proximity to an abandoned mine or part of a mine that might contain explosive or hazardous gas or that is filled with water.

B. Sufficient holes shall be drilled through to accurately determine whether hazardous quantities of methane, carbon dioxide, or other gases or water are present in an abandoned area. Materials shall be available to plug such holes to prevent an inundation of hazardous quantities of gases or water if detected.

C. Mining shall not advance into any abandoned area penetrated by a borehole drilled in accordance with subsection A until a plan has been submitted and approved by the Chief. The plan shall include at a minimum (i) procedures for testing the atmosphere at the back of any borehole drilled into the abandoned area; (ii) the method of ventilation, the ventilation controls, and the air quantities and velocities in the affected working section and working place; (iii) procedures for penetrating an abandoned area when hazardous quantities of methane, carbon dioxide, or other hazardous gases cannot be removed; (iv) dewatering procedures to be used if a penetrated area contains hazardous water accumulation; and (v) procedures and precautions to be followed during a penetration operation. A copy of the plan shall be made available near the site of the penetration operation and the operator shall review the plan with all miners involved in the operation. Failure to comply with the approved plan shall constitute a violation of this section.

D. Any operator, agent of such operator, mine foreman, or miner engaged in drilling or mining into an inaccessible abandoned area shall have upon his person a self-contained self-rescuer.

E. Whenever a mine or section of a mine advances under any body of water that is sufficiently large or in close proximity as to constitute a hazard to miners, the operator shall submit to the Chief a plan meeting the requirements of 30 C.F.R. § 75.1716. The operator shall obtain approval from the Chief for the submitted plan prior to advancing the mine or any section of the mine under the body of water.

F. Prior to penetrating any portion of an active mine with a borehole, ventilation hole, or other hole drilled from the surface or from an overlying or underlying mine, or prior to drilling into any portion of the same active mine, the operator shall submit a plan to the Chief addressing (i) the purpose of the hole, (ii) information about any abandoned mine that the hole might penetrate, (iii) procedures for withdrawing or limiting the number of miners from the mine or affected area during penetration, (iv) casing details and procedures for preventing water inflow and air transfer from the hole into the active mine, (v) procedures for grouting or sealing the hole when it is no longer used, and (vi) such other information as the Chief may require. The drilling of such hole shall not begin until the plan is approved by the Chief.

G. The provisions of this section shall not apply to a gas well, coalbed methane well, or vertical ventilation hole.

Code 1950, § 45-38; 1954, c. 191; 1966, c. 594, § 45.1-93; 1979, c. 56; 1994, c. 28, § 45.1-161.122; 1996, c. 774; 2005, c. 3; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.

A. All underground active workings and travel ways shall be secured and controlled to protect miners from a fall of roof, face, or ribs. Loose roof and any loose or overhanging ribs or face shall be taken down or supported.

B. The mining method that the mine operator follows shall not expose any miner to a hazardous condition caused by the excessive width of a room or entry, a faulty pillar-recovery method, or any other hazardous mining method or working condition.

Code 1950, §§ 45-68.1 to 45-68.3; 1954, c. 191; 1966, c. 594, §§ 45.1-40, 45.1-41; 1975, c. 520; 1978, cc. 118, 729; 1980, c. 338; 1982, c. 234; 1984, c. 590; 1988, c. 577; 1994, c. 28, § 45.1-161.108; 1996, c. 774; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. Each underground coal mine shall have a roof control plan approved by the Chief. Each plan shall include (i) a minimum standard for adequately controlling the roof, face, and ribs; (ii) a description of mining methods used; (iii) a listing and specification of roof and rib support materials; (iv) instruction for the installation of temporary and permanent roof supports; (v) a description of any pillar recovery methods; (vi) applicable drawings that demonstrate the width of each opening, each roof support installation sequence, and each pillar recovery sequence; and (vii) any additional requirements deemed necessary by the Chief. The initial submission of any roof control plan shall include maps of mine projections, overlying and underlying mine workings, coal contours, and surface contours. If changes are to be made in the mining system that necessitate any change in the roof control plan, the plan shall be revised and approved by the Chief prior to implementing the new mining system.

B. The Chief shall, where he deems necessary, prescribe adequate minimum standards for systematic support of mine roof, suitable to the roof conditions and mining system of each mine. Such standards shall be incorporated into an approved roof control plan for the mine.

C. Failure to comply with the approved roof control plan for the mine shall constitute a violation of this section.

D. The approved roof control plan shall be posted conspicuously at the mine and a copy shall be available at each working section of the mine.

E. The minimum standards and plan shall provide for temporary support at all active workings, without regard to natural condition.

F. If the minimum standards do not afford adequate protection, such additional supports shall be installed as necessary. Such additional supports shall be described in the plan.

G. This section shall not apply to any roof control system installed prior to January 27, 1988, so long as the support system continues to effectively control the roof, face, and ribs.

Code 1950, § 45-68.2; 1954, c. 191; 1966, c. 594, § 45.1-40; 1975, c. 520; 1978, c. 729; 1984, c. 590; 1994, c. 28, § 45.1-161.109; 1999, c. 256; 2005, c. 3; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.

The operator or his agent shall instruct all miners in the removal and installation of temporary and permanent roof supports as may be required by the roof control plan.

Code 1950, § 45-68.2; 1954, c. 191; 1966, c. 594, § 45.1-40; 1975, c. 520; 1978, c. 729; 1984, c. 590; 1994, c. 28, § 45.1-161.109; 1999, c. 256; 2005, c. 3; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.

The operator or his agent shall, upon request, furnish a copy of the roof control plan to any miner engaged in removing or installing a temporary or permanent roof support.

Code 1950, § 45-68.2; 1954, c. 191; 1966, c. 594, § 45.1-40; 1975, c. 520; 1978, c. 729; 1984, c. 590; 1994, c. 28, § 45.1-161.111; 2021, Sp. Sess. I, c. 387.

The Chief shall adopt regulations requiring automated temporary roof support systems for the installation of roof bolts.

Code 1950, §§ 45-68.1, 45-68.3; 1954, c. 191; 1966, c. 594, § 45.1-41; 1975, c. 520; 1978, c. 118; 1980, c. 338; 1982, c. 234; 1988, c. 577; 1994, c. 28, § 45.1-161.114; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. The operator or his agent shall provide at or near each working place an ample supply of suitable materials of proper size with which to secure the roof, face, and ribs of such working place in a safe manner. Suitable supply materials shall be provided for variations in seam height. If the operator or his agent fails to provide such suitable materials, the mine foreman shall cause all miners to withdraw from the mine, or the portion thereof affected, until such materials or supplies are received.

B. Safety posts, jacks, or temporary crossbars shall be set close to the face before other operations are begun and as needed thereafter if any miner goes inby the last permanent roof support.

C. Unless an automated temporary roof support system is used, safety posts or jacks shall be used to protect miners during removal of roof material, installation of crossbars, drilling of roof bolt holes, installation of roof bolts, or performance of any other work that would reasonably require roof support to protect the miners involved.

D. The operator or his agent shall make immediately available for emergency use at each mine site at least two lifting devices with a combined total of at least 80 tons lifting capacity. Each individual lifting device shall have 20 tons or greater lifting capacity.

Code 1950, §§ 45-68.1, 45-68.3; 1954, c. 191; 1966, c. 594, § 45.1-41; 1975, c. 520; 1978, c. 118; 1980, c. 338; 1982, c. 234; 1988, c. 577; 1994, c. 28, § 45.1-161.115; 1996, c. 774; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

A. The operator or his agent shall instruct every miner on how to visually examine and conduct sound and vibration testing of roof, face, and ribs.

B. Any miner exposed to danger from a fall of roof, face, or ribs shall visually examine and, if conditions permit, test the roof, face, and ribs by sounding the roof before starting work or before starting a machine and as needed thereafter to ensure safety. If hazardous conditions are found, the miner discovering such conditions shall either (i) correct the conditions immediately by taking down the loose material, installing proper timbering, or installing proper roof support before work is continued or any other work is done or (ii) cause all miners to vacate the place.

C. At least once each shift, or more often if necessary, the mine foreman or other certified person shall examine and test the roof, face, and ribs of each active working section where coal is being produced while one or more miners are working in such section. Any place in which a hazardous condition is found by the mine foreman shall be made safe in his presence or under his direction or all miners shall be withdrawn from such place. Such hazardous condition and corrective actions taken shall be recorded in the on-shift record book at the mine.

Code 1950, §§ 45-61, 45-68.1; 1954, c. 191; 1966, c. 594, § 45.1-42; 1976, c. 598; 1978, c. 118; 1994, c. 28, § 45.1-161.116; 1996, c. 774; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

Any unplanned roof fall that is required to be reported in accordance with § 45.2-556 shall be marked on a map maintained at the mine to indicate the specific location of the fall.

Code 1950, §§ 45-61, 45-68.1; 1954, c. 191; 1966, c. 594, § 45.1-42; 1976, c. 598; 1978, c. 118; 1994, c. 28, § 45.1-161.117; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

A. No person shall work or travel under unsupported roof except to install temporary supports in accordance with the approved roof control plan. Any area inby the breaker line where second mining has been or is being conducted shall be considered unsupported.

B. If roof, face, or rib conditions are found to be unsafe, no person shall start any other work in the area where such conditions exist until the conditions have been corrected by taking down loose material or securely supporting the roof, face, or ribs pursuant to subsection B of § 45.2-715.

C. A bar of proper length shall be used to pull down any loose material discovered.

Code 1950, §§ 45-61, 45-68.1, 45-68.3; 1954, c. 191; 1966, c. 594, §§ 45.1-41, 45.1-42; 1975, c. 520; 1976, c. 598; 1978, c. 118; 1980, c. 338; 1982, c. 234; 1988, c. 577; 1994, c. 28, § 45.1-161.118; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

A. No person shall deliberately remove any support in an active area unless equivalent protection is provided.

B. Any person who accidentally knocks out or dislodges a support shall promptly replace the support.

Code 1950, §§ 45-68.1, 45-68.3; 1954, c. 191; 1966, c. 594, § 45.1-41; 1975, c. 520; 1978, c. 118; 1980, c. 338; 1982, c. 234; 1988, c. 577; 1994, c. 28, § 45.1-161.119; 2021, Sp. Sess. I, c. 387.

A. Two or more surface magazines shall be provided for the storage of explosives and the separate storage of detonators.

B. Every surface magazine for storing and distributing explosives in an amount exceeding 150 pounds shall be:

1. Reasonably bullet-resistant and constructed of incombustible material or covered with fire-resistant material. The roof of a magazine that is located in such a way as to make it impossible to fire a bullet directly through the roof from the ground need not be bullet-resistant. Where it is possible to fire a bullet directly through a roof from the ground, such roof shall be made bullet-resistant by material construction, by the use of a ceiling that forms a tray containing not less than a four-inch thickness of sand, or by another method;

2. Provided with doors that are constructed of three-eighth-inch steel plate. Such doors shall be lined with a two-inch thickness of wood or the equivalent;

3. Provided with dry floors that are made of wood or other nonsparking material and have no metal exposed inside the magazine;

4. Provided with suitable warning signs located so that a bullet passing directly through the face of a sign will not strike the magazine;

5. Provided with properly screened ventilators;

6. Equipped with no openings except for entrance and ventilation openings;

7. Kept locked securely when unattended; and

8. Electrically bonded and grounded if constructed of metal.

C. A surface magazine for storing detonators need not be bullet-resistant, but it shall comply with the other provisions of subsection B regarding the storage of explosives.

D. Explosives weighing a total of no more than 150 pounds, or detonators numbering 5,000 or fewer, shall be stored (i) in accordance with the standards set forth in subsection A, B, or C or (ii) in a separate locked box-type magazine. A box-type magazine may also be used as a distributing magazine when the weight of the explosives or the number of detonators does not exceed the limits set forth in this subsection. Every box-type magazine shall be strongly constructed of two-inch hardwood or the equivalent. Every metal magazine shall be lined with nonsparking material. No magazine shall be placed (a) in a building containing oil, grease, gasoline, wastepaper, or other highly flammable material or (b) within 20 feet of a stove, furnace, open fire, or flame.

E. No magazine shall be placed less than 300 feet from any mine opening. However, if a magazine cannot be practicably located at such distance, it may be located less than 300 feet from a mine opening if it is sufficiently barricaded and is approved by the Chief. Unless approved by the Chief, no magazine shall be located closer to an occupied building, public road, or passenger railway than the distance recommended in the "American Table of Distances for Storage of Explosive Materials" published by the Institute of Makers of Explosives.

F. The supply kept in a distribution magazine shall be limited to approximately a 48-hour supply, and supplies of explosives and detonators may be distributed from the same magazine if they are separated by a substantially fastened hardwood partition at least four inches thick or the equivalent.

G. The area surrounding any magazine shall be kept free of rubbish, dry grass, or other materials of a combustible nature for at least 25 feet in every direction.

H. If an explosives magazine is illuminated electrically, each lamp shall be vapor-proof and installed and wired so as to minimize any fire or contact hazard.

I. Only nonmetallic tools shall be used for opening any wooden explosives container. Extraneous materials shall not be stored with explosives or detonators in an explosives magazine.

J. Smoking or carrying smokers' articles or open flames is prohibited in or near any magazine.

Code 1950, § 45-53.2; 1954, c. 191; 1966, c. 594, § 45.1-44; 1978, c. 729; 1994, c. 28, § 45.1-161.126; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

A. Any explosives or detonators carried anywhere underground by any miner shall be in individual containers. Such containers shall be constructed substantially of nonconductive material, maintained in good condition, and kept closed.

B. Any explosives or detonators transported underground in a car that is moved by means of a locomotive or rope, or in a shuttle car, shall be in a substantially covered car or in a special substantially covered container used specifically for transporting explosives or detonators and only under the following conditions:

1. The body and cover of each such car and each such container shall be constructed or lined with nonconductive material;

2. If explosives and detonators are hauled in the same special explosives car or in the same special container, they shall be separated by a substantially fastened hardwood partition at least four inches thick or the equivalent barrier;

3. No explosives, detonators, or other blasting devices shall be transported on the same trip with any miner;

4. If explosives or detonators are transported in a special explosives car or a container in a car, they shall be hauled in a trip specifically for this purpose and not connected to any other trip; however, this provision shall not prohibit the use of such additional cars as needed to lower a rope trip or to haul supplies, including timbers. No materials so transported shall project above the top of the car. In no case shall flammable materials such as oil or grease be hauled on the same trip with explosives; and

5. No explosives or detonators shall be hauled into or out of a mine within five minutes preceding or following a mantrip or any other trip. If traveling against the air current, the mantrip shall precede the explosives trip; if traveling with the air current, the mantrip shall follow the explosives trip.

C. In a low coal seam where it is impractical to comply with the provisions of subsection B, explosives may be transported in the original and unopened case, or in suitable individual containers, to the underground distribution magazine.

D. Explosives and detonators shall be transported underground by belt under the following conditions only:

1. Each shall be transported in the original and unopened case, in a special closed case constructed of nonconductive material, or in a suitable individual container;

2. Clearance requirements shall be the same as those for transporting miners on belts;

3. Suitable loading and unloading stations with stop controls shall be provided; and

4. An authorized person shall supervise the loading and unloading of explosives or detonators.

E. No explosives or detonators shall be transported on a flight or shaking conveyor, scraper, mechanical loading machine, locomotive, cutting machine, or drill truck or on any self-propelled mobile equipment; however, this provision shall not prohibit the transportation of explosives or detonators in special closed containers in a shuttle car or in equipment designed specifically to transport such explosives or detonators.

Code 1950, § 45-53.3; 1954, c. 191; 1966, c. 594, § 45.1-46; 1994, c. 28, § 45.1-161.127; 2021, Sp. Sess. I, c. 387.

A. If a supply of explosives or detonators for use in one or more sections is stored underground, it shall be kept in a section box or magazine of substantial construction with no metal exposed on the inside. Such box or magazine shall be located at least 25 feet from any roadway or power wire and in a reasonably dry, well rock-dusted location protected from falls of roof. In a pitching bed, where it is not possible to comply with such location requirement, such box shall be placed in a niche cut into the solid coal or rock.

B. If explosives and detonators are both stored in the section, they shall be kept in separate boxes or magazines not less than 12 feet apart if feasible; if kept in the same box or magazine, they shall be separated by a substantially fastened hardwood partition at least four inches thick or the equivalent. Not more than a 48-hour supply of explosives or detonators shall be stored underground in such box or magazine.

C. If explosives and detonators are kept near the face for the use of miners, they shall be kept in separate individual closed containers, in niches in the ribs, not less than 12 feet apart, and at least 50 feet from the working place and out of the line of blast. Each such container shall be constructed of substantial material and maintained electrically nonconductive. Where it is physically impracticable to comply with such distance requirements, the explosives and detonator containers shall be stored in the safest available places not less than 15 feet from any pipe, rail, conveyor, haulage road, or power line, not less than 12 feet apart, and at least 50 feet from the working face and out of the line of blast.

D. Explosives and detonators shall be kept in their containers pursuant to subsection C until immediately before use at a working face.

Code 1950, § 45-53.4; 1954, c. 191; 1966, c. 594, § 45.1-47; 1994, c. 28, § 45.1-161.128; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

A. All explosives shall be of the permissible type except where addressed in the plan for shaft and slope development required by subsection B of § 45.2-704.

B. All explosives shall be used as follows:

1. Explosives shall be fired only with electric detonators of proper strength;

2. Explosives shall be fired with permissible shot-firing units, unless firing is done from the surface when all persons are out of the mine, or in accordance with a plan approved by the Chief;

3. Where the coal is cut, no borehole in coal shall be drilled beyond the limits of the cut or into the roof or floor;

4. Every borehole shall be cleaned and checked to ensure that it is placed properly and is of the correct depth in relation to the cut before being charged;

5. Every blasting charge in coal shall have a burden of at least 18 inches in every direction if the height of the coal permits;

6. Every borehole shall be stemmed with at least 24 inches of incombustible material, or at least one-half of the length of the hole shall be stemmed if the hole is less than four feet in depth. The Chief may approve the use of other stemming devices;

7. An examination for gas shall be made immediately before firing each shot or group of shots and after blasting is completed;

8. No shot shall be fired in any place where a methane level of one percent or greater can be detected with a permissible methane detector as directed by the Chief;

9. Without approval, no charge of greater than one and one-half pounds shall be used unless (i) each borehole is six feet or more in depth; (ii) the explosives are charged in a continuous train, with no cartridges deliberately deformed or crushed; (iii) all cartridges are in contact with each other, with the end cartridges touching the back of the hole and the stemming, respectively; and (iv) explosives permissible pursuant to this article are used. No charge exceeding three pounds shall be used; however, such three-pound limit shall not apply to solid rock work;

10. Any solid shooting shall be done in compliance with conditions prescribed by the Chief;

11. Any shot shall be fired by a certified underground shot firer;

12. No borehole shall be charged while any other work is being done at the face, and any shot shall be fired before any other work is done in the zone of danger from blasting except that which is necessary to safeguard the miners;

13. Only nonmetallic tamping bars, including a nonmetallic tamping bar with a nonsparking metallic scraper on one end, shall be used for charging and tamping boreholes;

14. The leg wires of every electric detonator shall be kept shunted until ready to connect to the firing cable;

15. The roof and faces of each working place shall be tested before and after firing each shot or group of shots;

16. Ample warning shall be given before any shot is fired, and care shall be taken to ascertain that all miners are in the clear;

17. Every miner shall be removed to a distance of at least 100 feet from the working place and any immediately adjoining working place and shall be accounted for before any shot is fired;

18. No mixed types or brands of explosives shall be charged or fired in any borehole;

19. No adobe, mudcap, or other open, unconfined shot shall be fired in any mine except a type approved by MSHA and the Chief;

20. Any power wire or cable that could contact any blasting cable or leg wire shall be de-energized during charging and firing;

21. Firing a shot from a properly installed and protected blasting circuit may be permitted by the Chief;

22. No miner shall return or be allowed to return to the working place after the firing of any shot until the smoke has reasonably cleared away;

23. Before any miner returns to work and begins to load coal, slate, or refuse, such miner shall make a careful examination of the condition of the roof and do what is necessary to make the working place safe; and

24. An examination for fire shall be made of the working area after any blasting.

C. It is unlawful for an operator, his agent, or a mine foreman to cause or permit any solid shooting to be done without first obtaining a written permit from the Chief. It is unlawful for any miner to shoot coal from the solid without first obtaining permission to do so from the operator, his agent, or a mine foreman. A violation of this subsection is a Class 1 misdemeanor.

Code 1950, §§ 45-53.1, 45-53.5; 1954, c. 191; 1966, c. 594, § 45.1-48; 1978, c. 729; 1981, c. 179; 1984, c. 229; 1993, c. 442; 1994, c. 28, § 45.1-161.129; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

Each blasting cable shall be:

1. Well insulated and as long as necessary to allow the shot firer to move to a safe place around a corner;

2. Short-circuited at the battery end until it is ready to attach to the blasting unit;

3. Staggered as to length, or shall have its ends kept well separated when attached to the detonator leg wires; and

4. Kept clear of power wires and all other possible sources of active or stray electric currents.

Code 1950, § 45-53.6; 1954, c. 191; 1966, c. 594, § 45.1-49; 1994, c. 28, § 45.1-161.130; 2021, Sp. Sess. I, c. 387.

A. Where a misfire occurs with an electric detonator, a waiting period of at least 15 minutes is required before any miner is allowed to return to the shot area. After such failure, the blasting cable shall be disconnected from the source of power and the battery ends short-circuited before electric connections are examined.

B. Explosives shall be removed by (i) firing a separate charge at least two feet away from, and parallel to, the misfired charge; (ii) washing the stemming and the charge from the borehole with water; or (iii) inserting and firing a new primer after the stemming has been washed out.

C. A careful search of the working place and, if necessary, of the coal after it reaches the tipple shall be made after blasting a misfired hole to recover any undetonated explosive.

D. The handling of a misfired shot shall occur under the direct supervision of the mine foreman or a certified person designated by him.

Code 1950, § 45-53.7; 1954, c. 191; 1966, c. 594, § 45.1-50; 1994, c. 28, § 45.1-161.131; 2021, Sp. Sess. I, c. 387.

A. Every blasting area in a shaft or slope operation shall be covered with mats or materials when the excavations are too shallow to retain the blasted material.

B. If explosives are in the shaft or slope when an electrical storm approaches, every miner shall be removed from the working place until the storm has passed.

1978, c. 729, § 45.1-53.1; 1994, c. 28, § 45.1-161.132; 2021, Sp. Sess. I, c. 387.

A. Except as provided in § 45.2-728, there shall be at least two travel ways, entries, or openings to the surface from each section of a mine worked. Each longwall panel shall be developed with at least three entries; however, if new technology becomes available pursuant to which a two-entry system can be safely developed, such technology may be used, with the approval of the Chief.

B. One of the required travel ways may be the haulage road.

C. The first opening shall not be made through an adjoining mine. The second opening may be made through an adjoining mine.

D. One of the required travel ways shall be designated as the primary escapeway and shall be in an intake airway.

E. Any surface structure where miners congregate or where the mine map or other official records are kept at the mine shall be offset at least 15 feet from the nearest side of any mine opening or otherwise located to be out of the zone of danger if an explosion occurs, unless otherwise approved by the Chief.

Code 1950, §§ 45-71, 45-71.1; 1954, c. 191; 1966, c. 594, §§ 45.1-94, 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28, § 45.1-161.162; 1996, c. 774; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. In a drift or slope mine, openings shall be separated by at least 50 feet of natural strata, unless specifically approved in the roof control plan. All connections between openings not used for the coursing of air, travel, or haulage shall be closed with stoppings of fireproof material.

B. In a shaft mine, openings shall be separated by at least 200 feet of natural strata.

Code 1950, § 45-71; 1954, c. 191; 1966, c. 594, § 45.1-94; 1994, c. 28, § 45.1-161.163; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

Until the two travel ways are made as required by § 45.2-726, no more than 20 miners shall work underground in the mine at one time. No additional development shall be permitted until the connection is made to the second opening. In a mine in which final pillar removal operations necessitate closing the second opening, no more than 20 miners shall be permitted to work in the mine.

Code 1950, § 45-71; 1954, c. 191; 1966, c. 594, § 45.1-94; 1994, c. 28, § 45.1-161.164; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

Every mine opening that is used for entering and leaving the mine and every other required travel way shall be kept in good condition and shall at all times be maintained in a safe condition.

Code 1950, § 45-71; 1954, c. 191; 1966, c. 594, § 45.1-94; 1994, c. 28, § 45.1-161.165; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

A. Direction signs shall be posted conspicuously at all points where a travel way to the mine opening, escapeway, or escapement shaft is intercepted by another travel way. The signs shall indicate the direction of the place of exit and any manway or escapeway.

B. Continuous life lines shall be installed and maintained in accordance with the approved emergency response plan pursuant to subsection A of § 45.2-820.

C. Every escapeway shall be equipped with all necessary stairways, ladders, cleated walkways, or other equipment approved by the Chief. All equipment shall be installed in such a manner that a person using it in an emergency may do so quickly and without undue hazard.

Code 1950, §§ 45-71, 45-71.1; 1954, c. 191; 1966, c. 594, §§ 45.1-94, 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28, § 45.1-161.166; 1996, c. 774; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.

The mine foreman shall examine every escapeway for hazardous conditions at least weekly. The mine foreman shall mark his initials and the date at each place examined, and if a hazardous condition is found, it shall be reported promptly. A record of such examinations and tests shall be kept at the mine.

Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, 2021, Sp. Sess. I, c. 387.

A. The operator of any mine that uses longwalls as a method of mining shall maintain an accessible travel route off the tailgate end of the longwall working face. The operator shall familiarize all miners working on the longwall section with the procedures to follow for escape from the section and, when the travel route is impassible, the operator shall inform such miners of such fact.

B. The operator shall develop a plan for use of longwalls if the travel route becomes impassable. The plan shall address (i) the notification to miners of the fact that the travel way is blocked and of the method and timetable for reestablishment of the travel way, (ii) the re-instruction of miners regarding escapeways and escape procedures in the event of an emergency, (iii) the re-instruction of miners on the availability and use of self-contained self-rescuers, (iv) the monitoring and evaluation of the air entering the longwall section, (v) the location and effectiveness of the two-way communication systems, and (vi) a means of transportation from the longwall section to the main line. The plan provisions shall remain in effect until a travel way is reestablished on the tailgate side of a longwall section. Such an operation shall include provisions for such protective devices as fire extinguishers and respirators for miners working on the longwall section.

Code 1950, § 45-71.1; 1954, c. 191; 1966, c. 594, § 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28, § 45.1-161.168; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

A. Every shaft, and every partition therein, shall be as nearly fireproof as is practicable.

B. Where there is danger of fire entering the mine, every opening shall have adequate protection against a surface fire or a hazardous volume of smoke entering the mine.

Code 1950, § 45-71.1; 1954, c. 191; 1966, c. 594, § 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28, § 45.1-161.169; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

Every unused or abandoned surface opening shall be effectively closed or fenced against unauthorized entrance.

Code 1950, § 45-71.1; 1954, c. 191; 1966, c. 594, § 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28, § 45.1-161.170; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. Every hoist used for handling miners shall be equipped with overspeed, overwind, and automatic stop controls.

B. Every suspended work deck or platform shall (i) operate automatically, (ii) be equipped with guardrails capable of protecting miners and materials from accidental overturning, and (iii) be equipped with safety belts and such other protective devices as the Chief shall require by regulation.

C. Every platform or work deck that is used for transporting miners or materials shall be equipped with leveling indicators, and such conveyance shall be maintained and operated in a reasonably level position at all times.

D. Every shaft, slope, or surface incline hoist shall be equipped with brakes capable of stopping and holding the fully loaded unbalanced cage or trip at any point in the shaft or slope or on the surface incline.

E. An accurate and reliable indicator showing the position of the cage or trip shall be placed so as to be in clear view of the hoisting engineer, unless the position of the cage or trip is clearly visible at all times to the hoisting engineer or other person operating the equipment.

F. Any conveyance that is used to haul miners or materials within a shaft or slope shall be (i) designed to prevent materials from falling back into the shaft or slope and (ii) equipped with a retaining edge of at least six inches to prevent objects from falling into the shaft or slope.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, §§ 45.1-68, 45.1-69; 1972, c. 784; 1978, c. 729; 1994, c. 28; 2021, Sp. Sess. I, c. 387.

A. The hoisting rope on any cage or trip shall be adequate in size to handle the load. A rope that is used to hoist or lower coal and other materials shall have a factor of safety of at least five to one. A rope that is used to hoist or lower miners shall have a factor of safety of at least 10 to one.

B. Each hoisting rope shall have at least three full turns remaining on the drum when extended to its maximum working length. The rope shall make at least one full turn on the drum shaft, or around the spoke of the drum in the case of a free drum, and be fastened securely by means of clamps.

C. Each hoisting rope shall be fastened to its load by (i) a spelter-filled socket or (ii) a thimble and an adequate number of clamps that are properly spaced and installed.

D. Any cage, mancar, or trip used for hoisting or lowering miners with a single rope shall be provided with two bridle chains or wire ropes connected securely to the rope at least three feet above the socket or thimble and clamps and to the crosspiece of the cage or to the mancar or trip. Multiple hoisting ropes installed pursuant to subsection C may be used in lieu of two bridle chains.

E. If equipment or supplies are being hoisted or lowered in the slope, safety chains or wire ropes shall be provided and connected securely to the hoist rope. In addition, visible or audible warning devices shall be installed in the slope where they may be seen or heard by any miner approaching the slope track entry from any access.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, §§ 45.1-68, 45.1-89.1; 1972, c. 784; 1978, c. 729; 1983, c. 111; 1994, c. 28, § 45.1-161.154; 2005, c. 3; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.

A. Any cage used for hoisting miners shall be of substantial construction and have (i) adequate steel bonnets, with enclosed sides; (ii) gates, safety chains, or bars across the ends of the cage when miners are being hoisted or lowered; and (iii) sufficient handholds or chains for all miners on the cage to maintain their balance. A locking device to prevent tilting of the cage shall be used on all self-dumping cages when transporting miners.

B. The floor of each cage shall be constructed so that it is (i) adequate to carry the load and (ii) impossible for a miner's foot or body to enter any opening in the bottom of the cage.

C. Each cage used for hoisting miners shall be equipped with safety catches that act quickly and effectively in case of an emergency. The provisions of this subsection shall not apply to a capsule or bucket that is used for emergency escape or during shaft or slope sinking.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, § 45.1-69; 1978, c. 729; 1994, c. 28, § 45.1-161.155; 1997, c. 293; 2021, Sp. Sess. I, c. 387.

A. Every shaft shall be equipped with safety gates at the top and at each landing. Safety gates shall be kept closed except when the cage is being loaded or unloaded.

B. At the bottom of each hoisting shaft and at each intermediate landing, a runaround shall be provided for safe passage from one side of the shaft to the other. This passageway shall be at least five feet in height and three feet in width.

C. Ice shall not be permitted to accumulate excessively in any shaft where miners are hoisted or lowered.

D. Positive-acting stopblocks or derails shall be installed near the top and at intermediate landings of slopes and surface inclines and at the approaches to all shaft landings.

E. Positive-acting stopblocks or derails shall be installed on the haulage track in the slope near the top of the slope. The stopblocks or derails shall be in a position to hold or stop any load to be lowered into the mine, including heavy mining equipment, until such time as the equipment is to be lowered into the mine by the hoist.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, §§ 45.1-69, 45.1-89.1; 1978, c. 729; 1983, c. 111; 1994, c. 28, § 45.1-161.156; 1996, c. 774; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

A. Two independent means of signaling shall be provided between the top, bottom, and every intermediate landing of each shaft, slope, or surface incline and the hoisting station. At least one of these means of signaling shall be audible to the hoisting engineer or other person operating the equipment. Bell cords shall be installed in each shaft in such a manner as to prevent unnecessary movement of such cords within the shaft.

B. A uniform signal code approved by the Chief shall be in use at each mine and shall be kept at the cage station designated by the mine foreman.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, § 45.1-69; 1978, c. 729; 1994, c. 28, § 45.1-161.157; 2021, Sp. Sess. I, c. 387.

A. Before hoisting or lowering any miner in a shaft, the hoisting engineer shall operate an empty cage up and down each shaft for at least one round trip, both at the beginning of each shift and after the hoist has been idle for one hour or more.

B. Before hoisting or lowering any miner by slope or surface incline hoisting, the hoisting engineer shall operate an empty cage for at least one round trip, both at the beginning of each shift and after the hoist has been idle for one hour or more.

C. The hoisting engineer, at the time the inspections required by subsection A or B are performed, shall (i) inspect all cable or rope fastenings on every cage, bucket, or slope car; (ii) inspect hammer locks and pins, thimbles, and clamps; (iii) inspect safety chains on every cage, bucket, or slope car; (iv) inspect each braking system for malfunctions; (v) clean all excess oil and extraneous materials from the hoist housing construction; (vi) inspect the overwind, overtravel, and lilly switch or control from stopping at the collar and within 100 feet of the work deck; and (vii) check communications between the top house, work deck, and work deck tugger house.

D. The hoisting engineer shall inspect the hoisting rope on every cage or trip at the beginning of each shift.

E. A test of safety catches on every cage shall be made by an authorized person designated by the operator at least once each month. A written record shall be kept of such tests, and such record shall be available for inspection by interested persons.

F. An authorized person designated by the operator shall inspect daily the hoisting equipment, including the headgear, cages, ropes, connections, links and chains, shaft guides, shaft walls, and other facilities. Such person shall also inspect every bull wheel and lighting system on the head frame. Such person shall report immediately to the operator or his agent any defect found, and all such defects shall be corrected promptly. The person making such examination shall make a daily permanent record of such inspection, which shall be available for inspection by interested persons. If a hoist is used only during a weekly examination of an escapeway, then the inspection required by this subsection shall only be required to be completed weekly before the examination occurs.

G. Subsections A, B, C, and D shall not apply to automatically operated elevators.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, §§ 45.1-68, 45.1-69; 1972, c. 784; 1978, c. 729; 1994, c. 28, § 45.1-161.158; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. If miners are transported into or out of an underground area of a mine by a hoist or on a surface incline, a certified hoisting engineer shall be either on duty continuously or available within a reasonable time, as determined by the Chief, to provide immediate transportation while any person is underground.

B. When any miner is being hoisted or lowered in a shaft or on a slope or surface incline, the loading and unloading of any miner and the movement of the cage, car, or trip shall be under the direction of an authorized person.

C. Subsections A and B shall not apply to automatically operated elevators that can be safely operated by any miner; however, a person qualified as an automatic elevator operator shall be available at any such elevator within a reasonable time, as determined by the Chief.

D. An operator or agent of such operator of any mine worked by shaft, slope, or surface incline shall place a competent and sober hoisting engineer in charge of any engine or drum used for lowering or hoisting miners. No hoisting engineer in charge of such machinery shall allow any person, except a person who is designated for such purpose by the operator or his agent, to interfere with any part of the machinery. No person shall interfere with or intimidate a hoisting engineer or automatic elevator operator who is engaged in the discharge of his duties.

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, 45.1-68, 45.1-69; 1972, c. 784; 1976, c. 598; 1978, cc. 222, 489, 729; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28, § 45.1-161.159; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. The speed of the cage, car, or trip in a shaft or slope or on a surface incline shall not exceed 1,000 feet per minute when a miner is being hoisted or lowered.

B. When moving the platform or work deck, every miner traveling thereon shall have a safety belt secured.

C. No miner shall ride on a loaded cage.

D. The number of miners riding in any cage or car at one time shall not exceed the maximum prescribed by the manufacturer. The Chief may prescribe a lesser number when necessary to ensure the safety of miners being transported.

E. Any conveyance being lowered into a shaft in which a miner is working shall be stopped at least 20 feet above the area where such miner is working.

F. If any miner is working at the bottom of a shaft, there shall be an adjustable ladder or chain ladder attached to the work deck to provide an additional means of escape. Such ladder shall be at least 20 feet in length.

G. Every choker or sling used to transport materials within a shaft or slope shall meet specifications established by the American National Standards Institute.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, §§ 45.1-68, 45.1-69; 1972, c. 784; 1978, c. 729; 1994, c. 28, § 45.1-161.160; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

Every hoist, rope, cage, and other component of any piece of hoisting equipment shall be maintained in a safe operating condition, as directed by the Chief. A hoisting rope shall be replaced as soon as there is evidence of possible failure.

Code 1950, §§ 45-68.4, 45-69.3; 1954, c. 191; 1966, c. 594, §§ 45.1-68, 45.1-72; 1972, c. 784; 1978, c. 729; 1994, c. 28, § 45.1-161.161; 2021, Sp. Sess. I, c. 387.

A. The roadbed, rails, joints, switches, frogs, and other elements of the track of each haulage road shall be constructed, installed, and maintained in a manner that ensures the safe operation of the haulage road. In determining its safety, consideration shall be given to the speed of equipment and the type of haulage operations conducted on the haulage road.

B. Haulage tracks shall be kept free of accumulations of coal spillage and debris, and water shall not be allowed to accumulate over the top of the rail.

C. Every off-track haulage equipment operator shall observe the haulage road for hazardous conditions during the course of travel and shall promptly correct or report to the mine foreman any hazardous condition observed.

D. Each off-track haulage road shall be maintained reasonably free of bottom irregularities, excess spillage, debris, wet or muddy conditions that make controlling off-track haulage equipment difficult, and any accumulation of water over such an area of the haulage road and in such a depth as to allow water to enter an electrical panel and create a potentially hazardous condition.

E. No uninsulated trolley lines shall be used or installed in any underground coal mine without approval of the Chief.

Code 1950, § 45-69.4; 1954, c. 191; 1966, c. 594, § 45.1-70; 1994, c. 28, § 45.1-161.133; 1996, c. 774; 1999, c. 256; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.

A. Every track switch shall be provided with a properly installed throw and properly installed latches and bridle bars.

B. Every track switch, other than a switch in a room or entry development, shall be equipped with properly installed guardrails.

C. Every switch throw and stand shall be installed on the side of the track where clearance is provided.

D. Every rail shall be secured at all joints by plates or welds.

Code 1950, §§ 45-69.1, 45-69.4; 1954, c. 191; 1966, c. 594, §§ 45.1-70, 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.134; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. Every track haulage road in an entry, room, or crosscut shall have a continuous clearance on one side of at least two feet from the farthest projection of moving traffic. The clearance shall be kept free of any obstruction to a height permitted by the height of the coal seam. When it is not possible to maintain such clearance, signs indicating close clearance shall be posted inby and outby the affected area.

B. Every track haulage road in an entry, room, or crosscut shall have a continuous clearance on the side opposite the clearance required by subsection A of at least six inches from the farthest projection of moving traffic. When it is not possible to maintain such clearance, signs indicating close clearance shall be posted inby and outby the affected area.

C. Each track haulage road where trolley lines are used shall have the clearance required by subsection A on the side of the track opposite the trolley lines. This requirement shall not apply if the trolley lines are at least 6.5 feet above the rail.

D. The clearance space on each track haulage road shall be kept free of loose rock, loose coal, loose supplies, and other loose materials. If the clearance space exceeds two feet, at least two feet of the clearance space shall be kept free of such materials.

E. Every parallel track shall be installed so as to provide a clearance of at least two feet between the outermost projections of passing traffic.

F. Ample clearance shall be provided (i) at each conveyor loading head, (ii) at each conveyor control panel, and (iii) along each conveyor line.

G. Every belt conveyor shall be equipped with a control switch to automatically stop the driving motor in the event that the belt is stopped by slipping on the driving pulley as a result of breakage or other accident.

Code 1950, §§ 45-14.1, 45-69.5; 1954, c. 191; 1966, c. 594, §§ 45.1-71, 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28, § 45.1-161.135; 1996, c. 774; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

Suitable facilities for crossing a conveyor belt shall be provided where it is necessary for miners to cross such conveyor belt regularly.

Code 1950, § 45-69.5; 1954, c. 191; 1966, c. 594, § 45.1-71; 1994, c. 28, § 45.1-161.136; 2021, Sp. Sess. I, c. 387.

A. Every haulage road shall have shelter holes at intervals not to exceed the interval permitted by the roof control plan for crosscuts. Except at a point where more than six feet of side clearance, measured from the rail, is maintained, or at a room switch, a shelter hole shall be provided at each manually operated door and at each switch throw.

B. Except for shelter holes at an underground slope landing where miners pass and cars are handled, each shelter hole shall have (i) a depth of at least five feet; (ii) a width of at most four feet, unless a room neck or crosscut width exceeding four feet is used as a shelter hole; and (iii) a height of at least six feet or, if the height of the traveling space is less than six feet, a height equivalent to that of the traveling space.

C. Every shelter hole at an underground slope landing where miners pass and cars are handled shall be at least (i) 10 feet in depth, (ii) four feet in width, and (iii) six feet in height.

D. Every shelter hole shall be kept free of refuse, loose roof, and other obstructions.

Code 1950, § 45-69.5; 1954, c. 191; 1966, c. 594, § 45.1-71; 1994, c. 28, § 45.1-161.137; 2021, Sp. Sess. I, c. 387.

Upon the approach of moving traffic, any miner not engaged in haulage operations shall take refuge in a shelter hole or other place of safety.

Code 1950, § 45-69.5; 1954, c. 191; 1966, c. 594, § 45.1-71; 1994, c. 28, § 45.1-161.138; 2021, Sp. Sess. I, c. 387.

Once per week, or more often if necessary, the mine foreman or a certified person shall inspect electrical and diesel transportation equipment to ensure its safe operating condition. Such equipment located on the surface shall be inspected once per month, or more often if necessary. Such person shall correct any defect found during the inspection. A record of such examinations shall be maintained.

1966, c. 594, § 45.1-85; 1978, c. 118; 1993, c. 442; 1994, c. 28, § 45.1-161.139; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

Every locomotive, mine car, shuttle car, supply car, conveyor, piece of self-propelled mobile equipment, and other piece of equipment shall be maintained in a safe operating condition.

Code 1950, § 45-69.3; 1954, c. 191; 1966, c. 594, § 45.1-72; 1994, c. 28, § 45.1-161.140; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. Every piece of self-propelled mobile transportation or haulage equipment for use underground shall be equipped with safe seating facilities for the person operating the equipment unless it is equipped for remote control operation. Where seating facilities are provided on a piece of self-propelled mobile equipment, the person operating such equipment shall be seated before the equipment is put into motion.

B. Every piece of track-mounted equipment shall be equipped with proper lifting devices for the rerailing of such equipment.

C. An audible warning device and headlights shall be provided on each locomotive, shuttle car, or other piece of self-propelled mobile transportation or haulage equipment.

D. A trip light capable of being seen for at least 300 feet underground shall be used on the rear of any trip that is pulled and on the front of any pushed trip or trip that is lowered on a slope; however, a trip light need not be used if a locomotive is used on each end of a trip.

E. Effective measures, including use of a trailing locomotive, slides, skids, or drags, shall be taken during track haulage to ensure that safe control is maintained when a grade creates a potential hazard.

F. Where block signals are used, procedures to safely control traffic movement within the system shall be established in writing and posted and reviewed with all miners.

Code 1950, §§ 45-69.1, 45-69.3; 1954, c. 191; 1966, c. 594, §§ 45.1-72, 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.141; 1996, c. 774; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

Pushing any car on a main haulage road is prohibited except (i) where it is necessary to push a car from a sidetrack that is located near the working section to the producing entry or room; (ii) where it is necessary to clear a switch or sidetrack; and (iii) on the approach to a cage, slope, or surface incline. However, where a rail transportation system is utilized and it becomes necessary to routinely push cars, the operator shall develop procedures for coordination and control of rail traffic, such as the provision of effective trip lights or other warning devices, and other safety precautions specific to the mine. Such procedures shall be subject to approval of the Chief.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.142; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

A. Any equipment, material, or supplies being transported shall be loaded in a manner that protects the operator and other personnel from sliding equipment, material, or supplies.

B. Any equipment, material, or supplies that are not necessary for the operation of a piece of self-propelled mobile equipment shall not be transported on such equipment, except for when the mobile equipment is designed to carry such materials or supplies and no hazard is created. Only small hand tools and materials or supplies that do not create hazards may be transported in the same compartment of a mantrip where any miner is seated.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.143; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. A standing car on any track, unless it is held effectively by brakes, shall be properly blocked to prevent movement.

B. Positive-acting stopblocks or derails shall be used when necessary to protect miners from the hazard of runaway rail equipment. Derails shall be located where a grade at the entrance or any other location in the mine creates a potential collision hazard.

C. Safety chains, steel ropes, or other effective devices capable of holding the load shall be used to prevent a runaway mantrip or other supply car.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.144; 1996, c. 774; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. No person other than the motorman and the trip rider shall ride on a locomotive unless authorized by the mine foreman.

B. No person shall ride on a loaded car or between cars of any trip.

C. No person shall get on or off a moving locomotive or a car that is being moved by a locomotive.

D. No person shall be allowed to ride on top of a piece of self-propelled mobile equipment.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.145; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

Back-poling shall be prohibited except (i) at a place where the trolley pole cannot be reversed or (ii) when going up an extremely steep grade. In such circumstances, back-poling shall occur only at very slow speed.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.146; 2021, Sp. Sess. I, c. 387.

A. Every operator of self-propelled mobile haulage equipment shall face in the direction of travel except when the equipment is being loaded and is under the boom of the loading equipment.

B. Every track haulage car that requires coupling and uncoupling shall be equipped with automatic couplers or devices designed to allow coupling and uncoupling without exposing miners between such equipment. Specialty cars designed with safe clearance when connecting to other cars are excluded from the provisions of this subsection.

C. Every person operating self-propelled haulage equipment shall sound a warning before starting such equipment and on approaching any curve, sidetrack, door, curtain, manway crossing, or other place where a miner is or is likely to be.

D. All rail equipment shall be operated at speeds that are safe for the condition of any rail installation, grade, or clearance encountered. When rail equipment is being operated at a normal safe speed, a distance of 300 feet shall be maintained from the rear of other rail equipment in operation, except for a trailing locomotive that is an integral part of the trip.

E. All persons shall stand in the clear during any switching operation.

F. No two pieces of self-propelled mobile mining equipment traveling in opposite directions inside a coal mine shall be allowed to pass each other while both are in motion on the same haulage road unless a distance of at least two feet is maintained between the vehicles.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.147; 1996, c. 774; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

Where a dispatcher is employed to control trips at a mine, traffic under his jurisdiction shall be moved only at his direction. The dispatcher shall be stationed on the surface at the mine.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28, § 45.1-161.148; 2021, Sp. Sess. I, c. 387.

The operator or his agent shall maintain a mantrip or other equipment suitable for providing reasonable access within a reasonable time to any area of the mine where miners are working and where transportation is ordinarily provided. The suitability of the equipment and the reasonableness of the time required to reach such an area of the mine shall be determined by the Chief.

1994, c. 28, § 45.1-161.149; 2021, Sp. Sess. I, c. 387.

A. Each mantrip that is operated by means of a locomotive shall be pulled and operated at a safe speed that is consistent with the condition of the road and the type of equipment used and shall be so controlled that it can be stopped within the limits of the operator's visibility.

B. Each mantrip shall be under the charge of an authorized person and operated independently of any loaded trip.

C. Each mantrip shall be maintained in safe operating condition. Mantrips shall be provided in sufficient number to prevent any mantrip from becoming overloaded.

D. No person shall ride under a trolley wire other than in a suitably covered mantrip. A covered mantrip shall not be required under trolley wires that are guarded or positioned in accordance with subsection F of § 45.2-808.

E. Other than small hand tools carried on the person, no supplies, tools, or materials shall be transported in the same car or cage with miners on any mantrip, except in a special compartment in the car designed for such purpose.

F. No miner shall board or leave a moving mantrip car. Each miner shall remain seated while in a moving car and shall proceed in an orderly manner to and from a mantrip.

Code 1950, § 45-69.2; 1954, c. 191; 1966, c. 594, § 45.1-74; 1985, c. 296; 1994, c. 28, § 45.1-161.150; 1996, c. 774; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. Any area used regularly for loading or unloading mantrips shall be kept clear and free of obstructions and have ample clearance for moving equipment. Each miner shall remain in such area until the mantrip is ready to load.

B. Trolley and power wires shall be guarded effectively at any area where persons regularly load or unload from mantrips or cages and where there is a possibility that a person could come into contact with energized electric wiring while boarding or disembarking the mantrip or cage.

Code 1950, § 45-69.2; 1954, c. 191; 1966, c. 594, § 45.1-74; 1985, c. 296; 1994, c. 28, § 45.1-161.151; 1996, c. 774; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. If a conveyor belt is used for transporting miners, such belt shall be free of loose materials and shall maintain a minimum clearance of at least 18 inches between the belt and the overhead roof or crossbars, projecting equipment, cap pieces, overhead cables, wiring, and other objects. Each conveyor belt that is used for transporting miners shall be equipped with emergency stop cords for its entire length.

B. The conveyor belt speed while miners are being transported shall not exceed (i) 250 feet per minute if the overhead clearance maintained pursuant to subsection A is more than 18 inches but less than 24 inches and (ii) 300 feet per minute if the overhead clearance is 24 inches or more. Such conveyor belt shall be stopped while miners are boarding or disembarking.

C. The space between miners riding on a conveyor belt line shall be at least five feet.

D. Adequate clearance and proper illumination shall be provided where miners board or disembark a conveyor belt.

Code 1950, § 45-69.2; 1954, c. 191; 1966, c. 594, § 45.1-74; 1985, c. 296; 1994, c. 28, § 45.1-161.152; 1996, c. 774; 1999, c. 256; 2021, Sp. Sess. I, c. 387.

A. Good housekeeping shall be practiced in and around every building, shaft, slope, yard, or other area of a mine. Such practice includes cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails, broken glass, and possible falling and rolling materials.

B. Painting or conducting any operation that creates noxious fumes shall be performed only in a well-ventilated atmosphere.

C. Every surface mine structure, enclosure, or other facility shall be maintained in good repair.

Code 1950, §§ 45-85.5, 45-85.8; 1954, c. 191; 1966, c. 594, §§ 45.1-34, 45.1-37; 1978, c. 729; 1994, c. 28, § 45.1-161.236; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

A. Lights shall be provided as needed in or on a surface mine structure, enclosure, or other facility.

B. Each road, path, or walk outside of a structure, enclosure, or other facility shall be kept free from obstructions and shall be well-illuminated if it is used at night.

1966, c. 594, § 45.1-38; 1994, c. 28, § 45.1-161.237; 2021, Sp. Sess. I, c. 387.

A. Oil, grease, and any similar flammable or combustible material shall be kept in a closed container, separate from other materials, so as to prevent any fire hazard to nearby buildings or mines. If oil, grease, or any similar flammable material is stored in a building, the building or room in which it is stored shall be of fireproof construction and well-ventilated.

B. Any oily rag, oily waste, or wastepaper shall be kept in a closed metal container until removed for disposal.

C. The area within 100 feet of each mine opening shall be kept free of flammable or combustible material; however, this provision shall not apply to the temporary storage of not more than a one-day's supply of such material.

D. Every oxygen or acetylene bottle shall be (i) secured when not in use and (ii) stored with its cap in place in a rack constructed and designated for the storage of such bottles. Smoking shall be prohibited in any place where such materials are stored. Signs indicating that smoking is prohibited in the area shall be posted.

Code 1950, § 45-85.9; 1954, c. 191; 1966, c. 594, § 45.1-39; 1978, c. 729; 1994, c. 28, § 45.1-161.238; 2021, Sp. Sess. I, c. 387.

A crane operator shall at all times during any hazardous crane operation maintain visual or auditory communication with all persons involved in such crane operation.

Code 1950, § 45-85.7; 1954, c. 191; 1966, c. 594, § 45.1-36; 1978, c. 729; 1994, c. 28, § 45.1-161.239; 2021, Sp. Sess. I, c. 387.

A. In each surface structure, enclosure, or facility at any excessively dusty mine, every electric motor, switch, lighting fixture, and control shall be protected by dust-tight construction.

B. Each surface structure and piece of equipment shall be kept free of coal dust accumulations.

C. If mining operations raise an excessive amount of dust into the air, such dust shall be allayed at its sources by the use of water, water with a wetting agent added to it, or another effective method.

Code 1950, §§ 45-77, 45-85.5; 1954, c. 191; 1966, c. 594, §§ 45.1-34, 45.1-67; 1978, cc. 120, 729; 1994, c. 28, § 45.1-161.240; 2021, Sp. Sess. I, c. 387.

Proper scaffolding or proper overhead protection shall be provided (i) where repairs are being made to a facility or (ii) where equipment or material is being used or transported overhead.

Code 1950, § 45-85.5; 1954, c. 191; 1966, c. 594, § 45.1-34; 1978, c. 729; 1994, c. 28, § 45.1-161.241; 2021, Sp. Sess. I, c. 387.

No welding or cutting with arc or flame shall be done in an excessively dusty atmosphere or dusty location. Firefighting apparatus shall be readily available when such welding or cutting is performed.

Code 1950, § 45-85.5; 1954, c. 191; 1966, c. 594, § 45.1-34; 1978, c. 729; 1994, c. 28, § 45.1-161.242; 2021, Sp. Sess. I, c. 387.

The provisions of Article 5 (§ 45.2-912 et seq.) of Chapter 9 shall apply with respect to any requirement for firefighting equipment, duties in the event of a fire, or fire precautions at any surface area of an underground coal mine.

Code 1950, § 45-14.1; 1954, c. 191; 1966, c. 594, § 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28, § 45.1-161.243; 2021, Sp. Sess. I, c. 387.

The provisions of Article 6 (§ 45.2-915 et seq.) of Chapter 9 shall apply with respect to equipment at any surface area of an underground coal mine.

1994, c. 28, § 45.1-161.244; 2021, Sp. Sess. I, c. 387.

The provisions of Article 7 (§ 45.2-922 et seq.) of Chapter 9 shall apply with respect to any travel way, loading area, or haulage area at the surface of an underground coal mine.

1994, c. 28, § 45.1-161.245; 1996, c. 774; 2021, Sp. Sess. I, c. 387.

The provisions of Article 9 (§ 45.2-926 et seq.) of Chapter 9 shall apply with respect to any power line, circuit, transformer, or other electrical equipment at any surface area of an underground coal mine.

1994, c. 28, § 45.1-161.246; 2021, Sp. Sess. I, c. 387.

The provisions of Article 10 (§ 45.2-931 et seq.) of Chapter 9 shall apply with respect to explosives or blasting at any surface area of an underground coal mine.

1994, c. 28, § 45.1-161.247; 2021, Sp. Sess. I, c. 387.

The provisions of Article 11 (§ 45.2-934) of Chapter 9 shall apply with respect to any pit, highwall, wall, bank, or bench associated with any coal mining activity conducted at any surface area of an underground coal mine.

1994, c. 28, § 45.1-161.248; 2021, Sp. Sess. I, c. 387.