Virginia Law

Article 5. Personal Safety; Smoking.

A. Each mine shall have a personnel checking system that includes the following requirements:

1. Every person underground shall have on his person a means of positive identification bearing a number recorded by the operator; and

2. An accurate record of the persons in the mine shall be kept on the surface in a place that will not be affected by an explosion. Such record shall consist of a written record, check board, lamp check, or time-clock record and shall bear a number identical to that carried by the person underground.

B. Any mine-wide tracking system shall be maintained in usable and operative condition.

Code 1950, § 45-70; 1954, c. 191; 1966, c. 594, § 45.1-97; 1994, c. 28, § 45.1-161.174; 2015, cc. 103, 397; 2021, Sp. Sess. I, c. 387.

A. Every miner shall wear a protective hat while underground and while in any area on the surface where there is a danger of injury from falling objects.

B. Every person assigned to or performing duties on the surface of an underground coal mine, or any person entering the underground portion of such mine, shall wear reflective materials adequate to make him visible from all sides. Such reflective material shall be placed on a hard hat and at least one other item of outer clothing such as a belt, suspenders, jacket, coat, coveralls, shirt, pants, or vest.

C. Protective footwear shall be worn by each miner while on duty in or around a mine where falling objects may cause injury.

D. Every employee inside or outside of a mine shall wear an approved type of goggles or shields where there is a hazard from flying particles.

E. Every welder and helper shall use proper goggles or shields to protect his eyes.

F. Any miner engaged in haulage operations or employed around moving equipment on the surface or underground shall wear snug-fitting clothing.

G. Every employee shall wear gloves when handling material that may injure the hands or when handling energized cables. No gloves with gauntlet cuffs shall be worn around moving equipment.

H. Any miner who may be exposed for short periods to hazards from inhalation of gas, dust, fumes, or mist shall wear approved respiratory equipment. When the exposure is for a prolonged period, adequate approved measures to protect such miner or to reduce the hazard shall be taken.

Code 1950, § 45-86; 1954, c. 191; 1966, c. 594, § 45.1-99; 1994, c. 28, § 45.1-161.175; 2005, c. 3; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.

Each mine operator shall provide approved hearing protection to miners. Every miner shall wear approved hearing protection in any area of excess noise levels in accordance with the mine's hearing conservation program approved under 30 C.F.R. Part 62.

1978, c. 729, § 45.1-99.1; 1994, c. 28, § 45.1-161.176; 2005, c. 3; 2021, Sp. Sess. I, c. 387.

A. No miner or other person shall smoke or carry or possess underground any smoker's articles or any match, lighter, or similar material generally used for igniting smoker's articles. Violation of this subsection is a Class 6 felony.

B. Each operator shall institute a smoker search program, approved by the Chief, to ensure that no person entering the underground area of the mine carries any smoking material, match, or lighter.

C. Any person entering or present in any underground area of a coal mine shall, by his entry into such underground area of the mine, be subject to a search of his person, including any personal property that is in any underground area of the mine at any time he is underground. Such search shall be conducted at the direction of the Chief by employees of the Department. It shall be limited in scope to the person and property of the person present underground at the time of the search and shall be for the purpose of enforcing the provisions of this section.

D. This section shall not prohibit the possession of equipment used solely for the operation of a flame safety lamp or for welding or cutting.

1993, c. 389, § 45.1-98.1; 1994, c. 28, § 45.1-161.177; 1995, c. 569; 2021, Sp. Sess. I, c. 387.

A. No operator, agent, or mine foreman shall knowingly permit any person in an underground coal mine to smoke, carry, or possess any smoker's articles or materials used for igniting smoker's articles.

B. Violation of this section is a Class 6 felony.

1993, c. 389, § 45.1-98.3; 1994, c. 28, § 45.1-161.178; 2021, Sp. Sess. I, c. 387.

A. The operator or his agent shall display, in bold-faced type, on a sign placed at the mine office, bath house, and on a bulletin board at the mine site, the following notice:

NOTICE:

IT IS UNLAWFUL FOR A MINER OR OTHER PERSON IN AN UNDERGROUND COAL MINE TO SMOKE OR CARRY OR POSSESS UNDERGROUND ANY SMOKER'S ARTICLES OR MATCHES, LIGHTERS, OR SIMILAR MATERIALS GENERALLY USED FOR IGNITING SMOKER'S ARTICLES. A VIOLATION IS PUNISHABLE AS A CLASS 6 FELONY. ANY PERSON ENTERING OR PRESENT IN THE UNDERGROUND AREA OF ANY COAL MINE IS SUBJECT TO A SEARCH OF HIS PERSON AND PROPERTY BY OFFICIALS OF THE DEPARTMENT OF MINES, MINERALS AND ENERGY FOR SUCH PROHIBITED SMOKER MATERIALS AT ANY TIME WHILE UNDERGROUND.

B. Beginning October 1, 2021, every new sign displayed in accordance with this section shall refer to the Department of Energy rather than to the Department of Mines, Minerals and Energy.

1993, c. 389, § 45.1-98.2; 1994, c. 28, § 45.1-161.179; 1995, c. 569; 2021, Sp. Sess. I, cc. 387, 532.

A. No miner or other person shall smoke, carry, or possess any smoker's articles, or carry an open flame, in or near any magazine for the storage of explosive materials.

B. No miner or other person shall smoke in or around any oil house, tipple, or other surface area where such practice may cause a fire or explosion.

Code 1950, §§ 45-53.2, 45-85.9; 1954, c. 191; 1966, c. 594, §§ 45.1-39, 45.1-44; 1978, c. 729; 1994, c. 28, § 45.1-161.180; 2021, Sp. Sess. I, c. 387.

A. For portable illumination underground, every miner shall use a permissible electric cap lamp that is worn on the person. Such requirement shall not preclude the use of any other type of permissible electric lamp, permissible flashlight, permissible safety lamp, or other permissible portable illumination device.

B. Any light bulb on an extension cable shall be guarded adequately.

Code 1950, § 45-33; 1954, c. 191; 1966, c. 594, §§ 45.1-20, 45.1-96; 1978, c. 120; 1982, c. 385; 1994, c. 28, § 45.1-161.171; 2021, Sp. Sess. I, c. 387.