Virginia Law

Article 2. Additional Duties of Certified Persons and Other Miners.

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.