Virginia Law

Article 6. Mine Openings and Escapeways.

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.