Va. Code Ann. tit. 45.2, ch. 8

in effect

Va. Code Ann. § 45.2-800 Face and other equipment

A. The cutter chains of any mining machine shall be locked securely by mechanical means or an electrical interlock while such machine is parked or being trammed. B. Drilling in rock shall be conducted wet or other means of dust control shall be used. C. Each electric drill or other electrically operated rotating tool intended to be held in the hand shall have the electric switch constructed so as to break the circuit when the hand releases the switch or shall be equipped with a properly adjusted friction or safety clutch. D. While equipment is in operation or is being trammed, no miner shall position himself or be placed in a pinch point between such equipment and the face or any rib of the mine or another piece of equipment in the mine. E. Each piece of equipment that is raised for repairs or other work shall be securely blocked prior to any person positioning himself where the falling of such equipment could create a hazardous condition. Code 1950, § 45-85.1; 1954, c. 191; 1966, c. 594, § 45.1-87; 1979, c. 315; 1994, c. 28 , § 45.1-161.123; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-801 Shop and other equipment

A. The following items of shop and other equipment shall be guarded and maintained adequately: 1. Any gear, sprocket, pulley, fan blade or propeller, or friction device or coupling that has a protruding bolt or nut; 2. Shafting or any projecting shaft end that is within seven feet of the floor or platform level; 3. Any belt, chain, or rope drive that is within seven feet of the floor or platform; 4. Any fly wheel. A fly wheel extending more than seven feet above the floor shall be guarded to a height of at least seven feet; 5. Any circular or band saw or planer; 6. Any repair pit, including when the pit is not in use; 7. Any counterweight; and 8. Any mine fan, including the approach to any mine fan. B. No machinery shall be repaired or serviced while the machinery is in motion; however, this prohibition shall not apply where a safe remote device is used. C. Any guard or safety device that has been removed from any machine shall be replaced before the machine is put in operation. D. Each mechanically operated grinding wheel shall be equipped with (i) safety washers and tool rests; (ii) substantial retaining hoods, the hood opening of which shall not expose more than a 90-degree sector of the wheel; and (iii) eyeshields, unless goggles are worn by the miners. Each retaining hood shall include either a device to control and collect excess rock, metal, or dust particles or a device providing equivalent protection to the miner operating such machinery. E. The operator or his agent shall develop procedures for examining for potential hazards, completing proper maintenance, and properly operating each type of centrifugal pump. Such procedures shall, at a minimum, address the manufacturer's recommendations for start-up and shutdown of the pump, proper actions to be taken when a pump is suspected of overheating, the safe location of start and stop switches, and actions to be taken when a sign of structural metal fatigue, such as a crack in the frame, a damaged cover mounting bracket, or a missing bolt or other component is detected. Every miner who repairs, maintains, or operates any type of centrifugal pump shall be trained in these procedures. Code 1950, § 45-85.3; 1954, c. 191; 1966, c. 594, § 45.1-88; 1978, c. 118; 1994, c. 28 , § 45.1-161.124; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-802 Hydraulic hoses

Every hydraulic hose used on equipment purchased after January 1, 1986, shall be clearly stamped or labeled by the hydraulic hose manufacturer to indicate the manufacturer's rated pressure in pounds per square inch (psi) Every hose purchased after January 1, 1989, shall have the rated pressure permanently affixed on the outer surface of the hose and repeated at least every two feet. Every hose purchased and installed on an automatic displacement hydraulic system shall either (i) have a four-to-one safety factor based on the ratio between minimum burst pressure and the setting of the hydraulic unloading system, such as a relief valve, or (ii) meet the minimum hose pressure requirements set by the hydraulic equipment manufacturer per the applicable hose standards for each type of equipment. No hydraulic hose shall be used in an application where the hydraulic unloading system is set higher than the hose's rated pressure. 1985, c. 612, § 45.1-88.1; 1988, c. 301; 1994, c. 28 , § 45.1-161.125; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-803 Surface electrical installations

A. Any overhead high-potential power line shall be (i) placed at least 15 feet above the ground and 20 feet above any driveway, (ii) installed on insulators, and (iii) supported and guarded to prevent contact with other circuits. B. Any surface transmission line, including a trolley circuit, shall be protected against short circuits and lightning. Each power circuit that leads underground shall be equipped with lightning arrestors within 100 feet of the location at which the circuit enters the mine. C. Electric wiring in any surface building shall be installed so as to prevent fire and contact hazards. Code 1950, §§ 45-82, 45-82.3; 1954, c. 191; 1966, c. 594, § 45.1-75; 1994, c. 28 , § 45.1-161.181; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-804 Surface transformers

A. Any surface transformer that is not isolated by being elevated at least eight feet above the ground shall be enclosed in a transformer house or surrounded by a suitable fence at least six feet high. If the enclosure or fence is of metal, it shall be grounded effectively. The door to the enclosure or the gate to the fence shall be kept locked at all times unless a person who is authorized to enter the gate or enclosure is present. B. Any surface transformer that contains flammable oil and is installed near a mine opening, in or near a combustible building, or at any other place where such transformer presents a fire hazard shall be provided with a means to drain or to confine the oil in the event of a rupture of the transformer casing. Code 1950, § 45-82.2; 1954, c. 191; 1966, c. 594, § 45.1-76; 1994, c. 28 , § 45.1-161.182; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-805 Underground transformers

Every transformer that is used underground shall be air-cooled or filled with nonflammable liquid or inert gas. Code 1950, § 45-82.2; 1954, c. 191; 1966, c. 594, § 45.1-76; 1994, c. 28 , § 45.1-161.183; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-806 Stations and substations

A. Suitable warning signs shall be posted conspicuously at every transformer station. B. Every transformer station, substation, battery-charging station, pump station, and compressor station shall be kept free of nonessential combustible material and refuse. C. Reverse-current protection shall be provided at each storage-battery-charging station to prevent the storage batteries from energizing a power circuit in the event of power failure. Code 1950, §§ 45-60.4, 45-82.2; 1954, c. 191; 1966, c. 594, §§ 45.1-76, 45.1-77; 1994, c. 28 , § 45.1-161.184; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-807 Power circuits

A. All underground power wires and cables shall (i) have adequate current-carrying capacity, (ii) be guarded from mechanical injury, and (iii) be installed in a permanent manner. B. Wires and cables that are not encased in armor shall be supported by well-installed insulators and shall not touch any roof, rib, or combustible material; however, this prohibition shall not apply to ground wires, grounded power conductors, or trailing cables. C. Power wires or cables that are installed in a belt-haulage slope shall be insulated adequately and buried in a trench at least one foot below any combustible material, unless such wires or cables are encased in armor or otherwise fully protected against mechanical injury. D. Any splice or repair in a power cable shall: 1. Be mechanically strong and have adequate electrical conductivity; 2. Be effectively insulated and sealed so as to exclude moisture; 3. If the cable has metallic armor, possess mechanical protection and electrical conductivity equivalent to that of the original armor; and 4. If the cable has metallic shielding around each conductor, possess new shielding that is equivalent to the original shielding. E. Every underground high-voltage transmission cable shall be: 1. Installed only in a regularly inspected airway; 2. Covered, buried, or placed on insulators so as to afford protection against damage by derailed equipment if it is installed along a haulage road; 3. Guarded if miners regularly work or pass under such cable, unless it is at least 6.5 feet above the floor or rail; 4. Securely anchored, properly insulated, and guarded at its ends; and 5. Covered, insulated, or placed to prevent contact with any trolley circuit or other low-voltage circuit. F. Any new high-voltage disconnect that is installed on underground electrical equipment shall automatically ground all three power leads when in the open position. Every high-voltage disconnect that is rebuilt or remanufactured after July 1, 2011, shall meet this standard. G. Every power wire or cable shall be insulated adequately where it passes into or out of an electrical compartment and where it passes through a door or stopping. H. Where track is used as a power conductor: 1. Both rails of main-line tracks shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet. If the rails are paralleled with a feeder circuit of like polarity, such paralleled feeder shall be bonded to the track rails at intervals of not more than 1,000 feet; 2. At least one rail on any secondary track-haulage road shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet; and 3. Track switches on entries shall be well bonded. Code 1950, §§ 45-82, 45-82.1; 1954, c. 191; 1966, c. 594, § 45.1-78; 1993, c. 442; 1994, c. 28 , § 45.1-161.186; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-808 Trolley wires and feeder wires

A. Trolley wires and trolley feeder wires shall be installed on the side of the entry opposite the clearance space and any shelter hole, except where the wires are guarded or are installed at least 6.5 feet above the top of the rail. B. Trolley-wire hangers shall be so spaced that the wire may become detached from any one hanger without creating a shock hazard. C. Trolley wires shall be aligned properly and installed on insulated hangers at least six inches outside the rail. D. Trolley wires and trolley feeder wires shall be provided with cut-out switches at intervals of not more than 1,500 feet and near the beginning of each branch line. E. Trolley wires and trolley feeder wires shall be kept taut and shall not be permitted to touch the roof or any rib, timber, or combustible material. F. Trolley wires and trolley feeder wires shall be guarded adequately at both sides of any door and at every place where miners work or pass under them, unless they are at least 6.5 feet above the top of the rail. G. No trolley wires or trolley feeder wires shall extend beyond any open crosscut between an intake and a return airway. All such wires shall be kept at least 150 feet from any active, open pillar workings. H. Trolley wires and trolley feeder wires shall be guarded, anchored securely, and insulated properly at the ends. I. Trolley wires and trolley feeder wires shall be installed only in an intake airway. J. No trolley wires or other exposed conductors shall carry more than 300 volts. Code 1950, §§ 45-82, 45-82.1; 1954, c. 191; 1966, c. 594, § 45.1-78; 1993, c. 442; 1994, c. 28 , § 45.1-161.187; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-809 Grounding

A. Every metallic sheath, armor, or conduit that encloses a power conductor shall be electrically continuous throughout and shall be grounded effectively. B. Every metallic frame, casing, or other enclosure of stationary electrical equipment that can become electrified through failure of insulation or by contact with energized parts shall be grounded effectively, or equivalent protection shall be provided. C. Any three-phase alternating current circuit that is used underground shall contain either a direct or derived neutral that shall be grounded through a suitable resistor at the power center. A grounding circuit that originates at the grounded side of the grounding resistor shall extend with the power conductors and serve as the grounding conductor for the frame of every piece of electrical equipment that is supplied with power from that circuit. A grounding resistor that is manufactured to meet the extended time rating as set forth in American National standard IEEE C57.32-2015 is deemed to meet the requirements of this section. High-voltage circuits extending underground shall be supplied with a grounding resistor of a proper Ohmic value located on the surface to limit the voltage drop in the grounding circuit external to the resistor to not more than 100 volts under fault conditions. Such grounding resistor shall be rated for maximum fault current continuously and insulated from ground for a voltage equal to the phase-to-phase voltage of the system. Every resistance-grounded alternating circuit used underground shall include a fail-safe ground check circuit to monitor continuously the grounding circuit to ensure the continuity of the ground conductor. 1966, c. 594, § 45.1-79; 1994, c. 28 , § 45.1-161.188; 1999, c. 256 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-810 Circuit breakers and switches

A. Automatic circuit breaking devices or fuses of the correct type and capacity shall be installed so as to protect each piece of electrical equipment and each power circuit against excessive overload; however, this requirement shall not apply to any locomotive that is operated regularly on a grade that exceeds five percent. Wire or other conducting material shall not be used as a substitute for a properly designed fuse, and every circuit breaking device shall be maintained in safe operating condition. B. An automatic circuit breaker of the correct type and capacity shall be installed on each resistance-grounded circuit used underground. Such circuit breaker shall be located at the power source and equipped with devices to provide protection against under-voltage, grounded phase, short circuit, and overcurrent. C. Operating controls such as switches, starters, and switch buttons shall be installed so that they are readily accessible and can be operated without danger of contact with moving or electrified parts. D. A disconnecting switch shall be installed underground in each main power circuit within approximately 500 feet of the bottom of each shaft or borehole and at any other place at which a main power circuit enters the mine. E. Each piece of electrical equipment and each circuit shall be provided with switches or other controls of safe design, construction, and installation. F. Insulating mats or other electrically nonconductive material shall be kept in place at each power-control switch and at any piece of stationary machinery at which a shock hazard exists. G. Each circuit breaker, disconnecting device, and switch shall be marked for identification. Code 1950, § 45-82.3; 1954, c. 191; 1966, c. 594, § 45.1-80; 1994, c. 28 , § 45.1-161.189; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-811 Communication systems

A. Telephone service or equivalent two-way communication facilities shall be provided between the top and each landing of each main shaft or slope. A telephone or equivalent two-way communication facility shall be located on the surface within 500 feet of each main portal and installed in either a building or a box-like structure that is designed to protect the facility from damage by inclement weather. At least one of these communication facilities shall be at a location where an authorized person who is always on duty when miners are underground can see or hear the facility and respond immediately in the event of an emergency. B. Telephone lines, other than cables, shall be carried on insulators, installed on the opposite side from power or trolley wires, and insulated adequately where they cross power or trolley wires. C. Lightning arrestors shall be provided at each point where a telephone circuit enters the mine and at each telephone on the surface. Where the telephone circuit enters a building or structure, a lightning arrestor is required only at the point at which the circuit enters such building or structure. D. If a communication system other than telephones is used and its operation depends entirely upon power from the mine electric system, a means shall be provided to permit continued communication in the event the mine electric power fails or is cut off. E. Communication systems equipped with audible and visual signals that become operative when telephone communication is being established between the phones of the communication station on the surface and the underground working sections shall be provided. F. The Chief shall adopt regulations governing any disruption of communication in a mine. Code 1950, § 45-82.4; 1954, c. 191; 1966, c. 594, § 45.1-81; 1978, c. 118; 1979, c. 315; 1994, c. 28 , § 45.1-161.191; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-812 Electrical equipment

A. Electrical equipment that is taken into or used inby the last open crosscut or in other than an intake airway constitutes permissible equipment. B. Permissible equipment that is used in an area specified in subsection A shall be maintained in permissible condition. C. No electrical equipment shall be taken into or operated in any place where a methane level of one percent or more is detected. D. Voltage limitations for underground installations of electrical equipment using direct or alternating current shall conform to the voltages provided in 30 C.F.R. § 18.47. E. Electrical equipment shall be classified as permissible and shall be maintained in a permissible condition when such equipment is located within 150 feet of any pillar workings or longwall face. F. Any electrical conductors and cables installed in or inby the last open crosscut, or within 150 feet of any pillar workings or longwall face, shall be: 1. Shielded high-voltage cables supplying power to permissible longwall equipment or other equipment; 2. Interconnecting conductors and cables of permissible longwall equipment; 3. Conductors and cables of intrinsically safe circuits; or 4. Cables and conductors supplying power to low-voltage or medium-voltage permissible equipment. G. Electrical equipment shall be maintained in safe operating condition at all times while it is being used, and any unsafe condition shall be corrected promptly or the equipment shall be removed from service. Code 1950, § 45-83; 1954, c. 191; 1966, c. 594, § 45.1-83; 1993, c. 442; 1994, c. 28 , § 45.1-161.193; 1999, c. 256 ; 2011, cc. 826 , 862 ; 2015, cc. 103 , 397 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-813 Trailing cables

A. Trailing cables that are used underground shall be flame-resistant. B. Trailing cables shall be provided with suitable short-circuit protection and some means of disconnecting power from the cable. Any power connection that is made in other than an intake airway shall be by means of a permissible connector. C. Any temporary splice in a trailing cable shall be made in a workmanlike manner and shall be mechanically strong and well insulated. D. No more than one temporary, unvulcanized splice shall be allowed in any trailing cable. E. Any permanent splice or repair in a trailing cable shall: 1. Be mechanically strong, with adequate electrical conductivity and flexibility; 2. Be effectively insulated and sealed so as to exclude moisture; 3. Be vulcanized or otherwise treated with suitable materials to provide flame-resistant properties and good bonding to the outer jacket; and 4. If the cable has metallic shielding around each conductor, possess new shielding that is equivalent to the original shielding. F. Trailing cables shall be protected against mechanical damage. A trailing cable that is damaged in a manner that exposes the insulated inner power conductors shall be repaired promptly or removed from service. Code 1950, § 45-82.5; 1954, c. 191; 1966, c. 594, § 45.1-84; 1978, c. 118; 1993, c. 442; 1994, c. 28 , § 45.1-161.194; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-814 Inspection of electrical equipment and wiring; checking and testing methane monitors

A. Electrical equipment and wiring shall be inspected by a certified person at least weekly if it is located underground and at least monthly if it is located on the surface. Such equipment and wiring shall be inspected more often if doing so is necessary to ensure safe operating conditions. Any hazardous condition that is found shall be promptly corrected or the equipment or wiring shall be removed from service. Records of such inspections shall be maintained at the mine for a period of one year. B. A functional check of methane monitors on electrical face equipment shall be conducted to determine whether such monitors are de-energizing the electrical face equipment properly. Such check shall be (i) made on each production shift, (ii) conducted by the equipment operator in the presence of a mine foreman, and (iii) recorded in the on-shift report of the mine foreman. C. To determine the accuracy and operation of methane monitors on electrical face equipment, weekly calibration tests of such monitors shall be conducted with a known mixture of methane at the flow rate recommended by the methane monitor manufacturer. A record of the results shall be maintained. D. Required methane monitors shall be maintained in permissible and proper operating condition. 1966, c. 594, § 45.1-85; 1978, c. 118; 1993, c. 442; 1994, c. 28 , § 45.1-161.195; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-815 Repairs to circuits and electric equipment

A. No electrical work shall be performed on any low-voltage, medium-voltage, or high-voltage distribution circuit or equipment except by a certified person or a person who is trained to perform electrical work and to maintain electrical equipment and is working under the direct supervision of a certified person. Every high-voltage circuit shall be grounded before repair work is performed. Disconnecting devices shall be locked out and suitably tagged by the person who performs electrical or mechanical work on such a circuit or piece of equipment connected to such a circuit, except that where locking out is not possible, such devices shall be opened and suitably tagged by such person. Locks and tags shall be removed only by the person who installed them or, if such person is unavailable, by a certified person authorized by the operator or his agent. B. A miner may, where necessary, repair energized trolley wires if he wears insulated shoes and lineman's gloves. C. This section does not prohibit a certified electrical repairman from making checks on or troubleshooting energized circuits or an authorized person from performing repairs or maintenance on equipment once the power is off and the equipment is blocked against motion, except where motion is necessary to make adjustments. Code 1950, §§ 45-82, 45-82.1; 1954, c. 191; 1966, c. 594, § 45.1-78; 1993, c. 442; 1994, c. 28 , § 45.1-161.196; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-816 Underground illumination

A. Electric-light wires shall be supported by suitable insulators or installed in conduit, shall be fastened securely to the power conductors, and shall not contact any combustible material. B. Every electric light shall be guarded and installed so that it does not contact any combustible material. Code 1950, § 45-82.6; 1954, c. 191; 1966, c. 594, § 45.1-86; 1994, c. 28 , § 45.1-161.172; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-817 Inspection of electric illumination equipment

Every lamp, extension light, and permissible form of portable illumination, such as a cap lamp or flashlight, that is used for personal illumination underground shall be inspected by an authorized person at least once per week, and more often if necessary, to ensure safe operating conditions. When such equipment is located at the surface, it shall be inspected by an authorized person at least once per month, and more often if necessary, to ensure safe operating conditions. Any defect found shall be corrected. 1966, c. 594, § 45.1-85; 1978, c. 118; 1993, c. 442; 1994, c. 28 , § 45.1-161.173; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-818 Firefighting equipment; fire prevention

A. Each mine shall be provided with suitable firefighting equipment that is adequate for the size of the mine. B. The following equipment, at a minimum, shall be immediately available at each mine: 1. A water car filled with water and provided with hose and pump, or waterlines and necessary hoses; 2. At least three 20-pound dry chemical fire extinguishers; 3. Ten 50-pound bags of rock dust, which shall be made available at doors or other strategic places; 4. Bolt cutters that can be used to cut trolley wire in an emergency; 5. One pair of rubber gloves that shall be used with each pair of bolt cutters when cutting trolley wire; 6. Two sledge hammers; and 7. Five hundred square feet of brattice cloth, nails, and a hammer. C. Clean, dry sand, rock dust, or fire extinguishers that are suitable from a toxic and shock standpoint shall be placed at each electrical station, including each substation, transformer station, and permanent pump station, so as to be out of the smoke in case of a fire in the station. D. Suitable fire extinguishers shall be provided at each (i) electrical station, including each substation, transformer station, and permanent pump station; (ii) piece of self-propelled mobile equipment; (iii) belt head and at the inby end of each belt; (iv) area used for the storage of flammable materials; (v) fueling station; and (vi) any other area that may constitute a fire hazard, so as to be on the fresh air side in case of a fire. E. All firefighting equipment and each fire sensor system shall be maintained in a usable and operative condition. Each chemical extinguisher shall be examined every six months and the date of the examination shall be indicated on a tag attached to each extinguisher. F. A sufficient number of approved one-hour, self-contained, self-rescuers shall be readily available, not more than 100 feet away, for the persons involved in the moving or transporting of any piece of off-track mining equipment. 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 , § 45.1-161.200; 1996, c. 774 ; 2005, c. 3 ; 2015, cc. 103 , 397 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-819 Duties in case of fire

A. In case of a fire, the next inby permanent stopping into the return air course shall be opened as soon as possible in order to short circuit the air and permit close access to the fire for extinguishment. B. When a fire that could endanger persons underground cannot be extinguished immediately, such persons shall be withdrawn promptly from the mine. C. If a fire occurs, the person discovering it and any other person in the vicinity of the fire shall make a prompt effort to extinguish it. 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 , § 45.1-161.201; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-820 Emergency response plans; list of next of kin

A. Each operator shall develop an emergency response plan for each mine. The plan shall include (i) a mine emergency communication plan, (ii) an evacuation procedure, (iii) the identification of waterlines, (iv) the number system of brattice, (v) the location of each escapeway, and (vi) such other information as the Chief reasonably requires. B. The emergency response plan shall be subject to approval by the Chief or mine inspector. The Chief may require periodic updates to an operator's emergency response plan. Such operator shall comply with the requirements of the approved plan. C. The emergency response plan shall be posted in a conspicuous manner and location readily accessible to all miners, both underground and at the surface of the mine. D. The operator shall train miners in the implementation of the emergency response plan and shall conduct practice drills. Records of dates and times of practice drills shall be maintained in the emergency response plan. E. Each miner employed by the operator who goes underground, and each visitor authorized by the operator to enter the mine, shall have available an adequate supply of self-rescue devices, each of which provides at least one hour of protection and is approved by MSHA. The training related to self-rescue devices shall be included in the emergency response plan approved by the Chief. F. The operator shall maintain a list of the next of kin of all miners employed at the mine. The list shall be kept at the mine site or at a central facility readily accessible to the 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 , § 45.1-161.202; 1996, c. 774 ; 2006, c. 291 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-821 Reporting fires; response

In case of any unplanned fire at a mine that is not extinguished within 30 minutes of discovery, the operator shall report the fire to the Chief by the quickest available means, giving all information known to the operator. The Chief, based on such information, shall promptly go in person or dispatch a mine inspector to the scene of the fire for consultation and assistance in the extinguishment of the fire and the protection of exposed persons. In the event of a difference of opinion as to measures required, the decision of the Chief or the mine inspector shall be final. The decision of the Chief regarding measures to extinguish the fire and protect persons shall have the force of an order issued pursuant to § 45.2-569 if it is delivered to the operator in writing. 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 , § 45.1-161.203; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-822 Fire prevention in transportation of mining equipment

A. Prior to moving or transporting any piece of off-track mining equipment in any area of the active workings where energized trolley wires or trolley feeder wires are present, (i) the piece of equipment shall be examined by a certified person to ensure that accumulations of coal dust, float coal dust, loose coal, oil, grease, and other combustible materials have been removed from such piece of equipment and (ii) a qualified person shall examine the trolley wires, trolley feeder wires, and the associated automatic circuit interrupting devices to ensure that proper short circuit protection exists. B. A record shall be kept of the examinations required pursuant to subsection A and shall be made available, upon request, to the Chief or his authorized representative. C. Off-track mining equipment shall not be moved or transported in any area of the active workings where energized trolley wires or trolley feeder wires are present unless under the direct supervision of a certified person who is physically present at all times during the moving or transporting of such equipment. D. The frame of any unit of off-track mining equipment that is being moved or transported shall be covered on the top and on the trolley wire side with fire-resistant material. E. Electrical contact shall be maintained between the mine track and the frame of any piece of off-track mining equipment that is being moved in a track and trolley entry. However, rubber-tired equipment need not be grounded to a transporting vehicle if no metal part of such rubber-tired equipment can come into contact with the transporting vehicle. F. To avoid accidental contact with power lines, the equipment being transported or trammed shall be insulated or, if necessary, the assemblage shall be removed if the clearance to the power lines is six inches or less. G. Sufficient prior notice shall be given to the Department so that a mine inspector, if he deems it necessary, can travel the route of the move before the actual move is made. H. A minimum vertical clearance of one foot shall be maintained between the farthest projection of the piece of equipment that is being moved and the energized trolley wires or trolley feeder wires at all times during the movement or transportation of such equipment. If the height of the coal seam does not permit one foot of vertical clearance to be so maintained, the following additional precautions shall be taken: 1. Electric power shall be supplied to the trolley wires or trolley feeder wires only from outby the piece of equipment being moved or transported. Where direct current electric power is used and such electric power can be supplied only from inby the equipment being moved or transported, such power may be supplied from inby such equipment if a miner who has the means to cut off the power is in direct communication with the persons actually engaged in the moving or transporting operation and is stationed outby the equipment being moved; 2. The settings of automatic circuit interrupting devices used to provide short circuit protection for the trolley circuit shall be reduced to not more than one-half of the maximum current that could flow if the equipment being moved or transported were to come into contact with the trolley wire or trolley feeder wire; 3. At all times when the piece of equipment is being moved or transported, a miner shall be stationed at the first automatic circuit breaker outby the equipment being moved. Such miner shall be (i) in direct communication with the persons actually engaged in the moving or transporting operation and (ii) capable of communicating with the authorized person on the surface who is required to be on duty; 4. Where trolley phones are utilized to satisfy the requirements of subdivision 3, telephones or other equivalent two-way communication devices that can readily be connected with the mine communication system shall be carried by (i) the miner who is stationed at the first automatic circuit breaker outby the equipment being moved and (ii) by a miner who is actually engaged in the moving or transporting operation; and 5. No person shall be permitted to be inby the piece of equipment being moved or transported, or in the ventilating current of air that is passing over such equipment, except a person who is directly engaged in moving such equipment. I. The provisions of subsection H shall not apply to a piece of mining equipment that is transported in a mine car if no part of the equipment extends above or over the sides of the mine car. 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 , § 45.1-161.204; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-823 Storage and use of flammable fluids and materials

A. Each underground storage place for oil, grease, or flammable hydraulic fluid shall be of fireproof construction. B. Oil, grease, and flammable hydraulic fluid that is kept underground for current use shall be kept in a closed metal container. C. Provisions shall be made to prevent an accumulation of spilled oil or grease at any such storage place or at any location at which such material is used. D. Oily rags, oily waste, and wastepaper shall be kept in closed metal containers until it is removed for disposal. E. No gasoline, benzene, kerosene, or other flammable oil shall be used underground in powering machinery. F. Every oxygen or acetylene bottle that is used underground shall be secured while in use. When stored underground, each oxygen or acetylene bottle shall be placed in a safe location, protected from physical damage, stored with its cap in place where such storage is provided for on the tank, and secured upright or elevated, whichever mine heights allow. Code 1950, §§ 45-14.1, 45-43; 1954, c. 191; 1966, c. 594, §§ 45.1-89, 45.1-90, 45.1-100; 1974, c. 323; 1978, cc. 118, 729; 1981, c. 131; 1984, c. 590, § 45.1-89, c. 639; 1985, c. 500; 1994, c. 28 , § 45.1-161.205; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-824 Diesel-powered equipment

Diesel-powered equipment may be utilized underground with the written approval of the Chief. The Chief shall adopt regulations necessary to carry out the provisions of this section. Such regulations shall require that the air in each travel way in which diesel equipment is used, and in any active workings connected thereto, be of a quality necessary for a safe, healthful working environment. The minimum quantity of ventilating air that shall be supplied for a permissible diesel machine in a given time shall conform to the quantity shown on the approval plate attached to the machine. Every diesel machine or piece of equipment shall be maintained in such manner that the exhaust emissions meet the standards to which the machine or equipment was manufactured. Code 1950, § 45-43; 1954, c. 191; 1966, c. 594, § 45.1-90; 1978, c. 729; 1981, c. 131; 1984, c. 639; 1994, c. 28 , § 45.1-161.206; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-825 Arcs, sparks, and flames

A. The intentional creation of any open arc, open spark, or open flame, except as provided in subsection B, is prohibited. B. Any underground (i) welding or cutting with arc or flame or (ii) soldering, unless conducted in a fireproof enclosure that is ventilated with intake air, shall be done by or under the direct instruction of a certified foreman or repairman. A person certified in gas detection shall test for methane before and during such welding, cutting, or soldering operation in an underground coal mine and shall make a diligent search for fire after such an operation in all parts of the mine where such operation occurred. Rock dust or a suitable fire extinguisher shall be immediately available during such welding or cutting. Any welding operation shall be performed only in a well-ventilated area. Code 1950, §§ 45-72, 45-82.7; 1954, c. 191; 1966, c. 594, § 45.1-98; 1978, c. 729; 1993, cc. 389, 442; 1994, c. 28 , § 45.1-161.207; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-826 Pre-shift examinations

A. The operator or his agent shall establish eight-hour intervals of time, each of which shall be subject to a required pre-shift examination. Within three hours preceding the beginning of any such eight-hour interval during which any person is scheduled to work or travel underground, a mine foreman shall make a pre-shift examination. No person scheduled to enter the mine during the eight-hour interval, other than the mine foreman who is conducting the examination, shall enter any underground area unless a pre-shift examination has been completed for such established eight-hour interval. B. During the pre-shift examination, the mine foreman shall (i) examine for hazardous conditions, (ii) test for methane and oxygen deficiency with a suitable permissible device, and (iii) determine whether the air is traveling in its regular course and in sufficient volume in each split, at each of the following underground locations: 1. Every track entry or other area where persons are scheduled to work or travel during the oncoming shift; 2. Every belt conveyor that will be used to transport persons during the oncoming shift and the entry in which each such belt conveyor is located; 3. Any working section or area where mechanized mining equipment is being installed or removed if a person is scheduled to work on the section or in the area during the oncoming shift. Such a working section or area includes each working place and each approach to a worked-out area, and ventilation controls on each such section or in each such area; 4. Each approach to a worked-out area along an intake air course if intake air passes by such worked-out area to ventilate any working section where a person is scheduled to work during the oncoming shift; 5. Every seal along an intake air course where intake air passes by such seal to ventilate any working section where a person is scheduled to work during the oncoming shift; 6. Where intake air passes through or by an entry or room to any working section where a person is scheduled to work during the oncoming shift, each such entry or room that is driven (i) more than 20 feet off an intake air course without a crosscut or permanent ventilation controls or (ii) more than two crosscuts off an intake air course without permanent ventilation controls; and 7. Where unattended diesel equipment is expected to operate or an area in which trolley wires or trolley feeder wires are to be or will remain energized during the oncoming shift. C. During the pre-shift examination, the mine foreman shall determine the volume of air entering each of the following areas if a miner is scheduled to work in such area during the oncoming shift: 1. In the last open crosscut of each set of entries or rooms on each working section or any area in which mechanized mining equipment is being installed or removed; 2. On each longwall or shortwall in each intake entry at the intake end of the longwall or shortwall face immediately outby the face. The mine foreman shall also determine the velocity of air at each end of the face at the locations specified in the approved ventilation plan required by the federal mine safety law; and 3. At the intake end of any pillar line (i) in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined, if a single split of air is used or (ii) in the intake entries of each split, immediately inby the split point, if a split system is used. D. A mine foreman shall make a pre-shift examination of the surface areas of an underground coal mine in accordance with the requirements for pre-shift examinations at surface coal mines as provided in § 45.2-903 . E. The Chief may require the mine foreman to examine other areas of the mine or to examine for other hazards during the pre-shift examination. F. Any area of the mine where hazardous conditions are found shall be posted with a conspicuous danger sign located where anyone entering the area would pass. Only a person designated by the operator or his agent to correct or evaluate the condition shall enter such posted area. G. At each working place examined, the mine foreman shall certify by initials, date, and time that the examination was made. In any area to be examined outby a working section, the mine foreman shall certify completion of the examination by initials, date, and time at enough locations to show that the entire area has been examined. H. Each idle or worked-out area underground shall be inspected for gas and other hazardous conditions by a mine foreman immediately before miners are permitted to enter or work in such place. A certified person shall supervise the correction of any condition that creates an imminent danger. The mine operator or his agent shall not pass beyond the danger sign except in cases of necessity. I. If no person has been working underground before an established eight-hour interval, no person other than a mine foreman conducting a pre-shift examination shall enter the mine until the examination has been completed and the mine foreman reports that the mine is clear of danger; however, miners may enter under the direction of a mine foreman for the purpose of making the mine safe. The Chief may, in certain mines, authorize mantrips to proceed to a designated station underground, from which no mantrip shall leave until a mine foreman reports that the remainder of the areas of the mine are clear of danger. J. Miners who are regularly employed on a shift during which a pre-shift examination is being conducted shall be permitted to leave or enter the mine in the performance of their duties. K. In a multiple-shift operation, certified persons may be used to make the pre-shift examination for the next or succeeding shift. L. Immediately before any miner is permitted to enter an area of an inactive underground coal mine in order to take emergency actions to preserve the mine, a mine foreman shall examine such area for gas and other hazardous conditions. M. In the performance of his duties under this section, the mine foreman shall have no superior officer, and every miner shall be subordinate to him. Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, §§ 45.1-20, 45.1-65; 1978, c. 120; 1982, c. 385; 1994, c. 28 , § 45.1-161.208; 1996, c. 774 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-827 On-shift examinations

A. At least once during each shift, and more often if necessary, a certified person shall examine each underground section where coal is produced and any other area where mechanized mining equipment is being installed or removed during the shift. The certified person shall (i) examine for hazardous conditions, (ii) test for methane and oxygen deficiency with a suitable permissible device, and (iii) determine whether the air is traveling in its regular course and in sufficient volume in each split. Any hazardous condition shall be corrected immediately or the miners shall be withdrawn and the affected area plainly marked with danger signs. B. During each shift in which coal is produced, a certified person shall examine for hazardous conditions along each underground belt conveyor entry where a belt conveyor is operated. Such examination may be conducted at the same time as the pre-shift examination of the belt conveyors and the belt conveyor entries, if the examination is conducted within three hours before the established eight-hour interval. The person conducting the examination shall certify by initials, date, and time at enough locations to show that the entire area has been examined. C. A person conducting an on-shift examination shall determine at the following underground locations: 1. The volume of air in the last open crosscut of each set of entries or rooms on each working section and in any area in which mechanized mining equipment is being installed or removed; 2. The volume of air on a longwall or shortwall, including any area where longwall or shortwall equipment is being installed or removed, in the intake entry or entries at the intake end of the longwall or shortwall; 3. The velocity of air at each end of the longwall or shortwall face at each location specified in the approved ventilation plan required pursuant to the federal mine safety law; and 4. The volume of air at the intake end of any pillar line (i) in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined, if a single split of air is used or (ii) in the intake entries of each split, immediately inby the split point, if a split system is used. D. A test shall be made for methane before (i) any electrically powered equipment is taken inby the last open crosscut, (ii) any blasting takes place, and (iii) work is resumed after blasting. When a longwall or shortwall mining system is used, such methane test shall be made from under permanent roof support at the shearer, the plow, or the cutting head. Such methane test shall be made at least once every 20 minutes or more often as necessary for safety while such equipment is in operation. When mining has been stopped for more than 20 minutes, a methane test shall be conducted prior to the start-up of equipment. E. Each idle or worked-out area underground, including any section belt that has been idle for a period of 24 hours or more, shall be examined by a certified person immediately before miners are permitted to enter or work in such area. The person conducting the examination shall certify completion of the examination by initials, date, and time at enough locations to show that the entire area has been examined. F. Daily and on-shift examinations of surface areas of underground coal mines shall be made in accordance with the requirements for daily and on-shift examinations at surface coal mines as provided in § 45.2-903 . Code 1950, §§ 45-32, 45-33, 45-60.4, 45-60.5, 45-68.1, 45-69.7, 45-83; 1954, c. 191; 1966, c. 594, §§ 45.1-20, 45.1-62, 45.1-65, 45.1-83; 1978, c. 120; 1982, c. 385; 1993, c. 442; 1994, c. 28 , § 45.1-161.209; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-828 Weekly examinations

A. At least once every seven days, a mine foreman shall examine each unsealed worked-out area where no pillars have been recovered. B. At least once every seven days, a mine foreman shall evaluate the effectiveness of each bleeder system used pursuant to § 45.2-837 . C. At least once every seven days, a mine foreman shall examine each of the following locations for hazardous conditions: 1. At least one entry of each intake air course, in its entirety, so that the entire air course is traveled. 2. At least one entry of each return air course, in its entirety, so that the entire air course is traveled. 3. Each longwall or shortwall travel way, in its entirety, so that the entire travel way is traveled. 4. Each seal along each return or bleeder air course and each seal along each intake air course not examined pursuant to § 45.2-826 . 5. Each escapeway, in its entirety, so that the entire escapeway is traveled. 6. Each working section not examined pursuant to § 45.2-826 during the previous seven days. D. At least once every seven days, a certified person shall: 1. Determine the volume of air entering each main intake and each intake split; 2. Determine the volume of air and test for methane in the last open crosscut in any pair or set of developing entries or rooms. Such determination and test shall be conducted in the return of each split of air immediately before it enters the main returns and where the air leaves the main returns; and 3. Test for methane in the return entry nearest each set of seals immediately after the air passes the seals. E. Any hazardous condition shall be corrected immediately. If the condition creates an imminent danger, everyone except those persons necessary to correct the hazardous condition shall be withdrawn from the area affected to a safe area until the hazardous condition is corrected. F. No weekly examination is required during any seven-day period in which no person enters any underground area of a mine. If a mine is idled or is in a nonproducing status with entry only for maintenance of the mine, weekly examinations may be conducted in accordance with a plan approved by the Chief. G. Except for certified persons required to make examinations, no person shall enter any underground area of a coal mine if no weekly examination has been completed within the preceding seven days. The weekly examination may be conducted at the same time as the pre-shift examination. H. A person making a weekly examination shall certify completion of the examination by initials, date, and time at enough locations to show that the entire area has been examined. I. Any examination of surface areas of underground coal mines shall be made in accordance with the requirements for weekly examinations at surface coal mines pursuant to § 45.2-903 . Code 1950, §§ 45-32, 45-33, 45-35, 45-40, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, §§ 45.1-17, 45.1-56, 45.1-65; 1968, c. 310; 1978, cc. 120, 729; 1993, cc. 170, 442; 1994, c. 28 , § 45.1-161.210; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-829 Examinations of fans

A. An authorized person shall conduct a daily inspection of each main fan and of the machinery connected with such fan. The person making the examination shall record such examination in a book prescribed for this purpose or by other adequate means provided to permanently record the performance of the main fan and to give warning of an interruption to a fan. No such daily examination is required on any day in which no person goes underground, except that the examination shall be completed prior to any person entering the mine if no examination was made on the previous day. B. Any place ventilated by means of a blower fan shall be examined for methane by a certified person before the fan is started at the beginning of the shift and after any interruption of fan operation that lasts for five minutes or more during the shift. C. Each blower fan and its tubing shall be inspected at least twice during each working shift by a certified person. Code 1950, §§ 45-60.1, 45-60.2; 1954, c. 191; 1966, c. 594, §§ 45.1-54, 45.1-55; 1978, c. 120; 1988, c. 597; 1993, c. 442; 1994, c. 28 , § 45.1-161.211; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-830 Record of examinations

A. Any hazardous condition found by the mine foreman or another certified person designated by the operator for the purpose of conducting examinations under this article shall be (i) corrected immediately or (ii) posted with conspicuous danger signs until the condition is corrected. If the hazardous condition creates an imminent danger, all persons except those required to perform work to correct the imminent danger shall be withdrawn from the affected area. The hazardous condition and the corrective actions taken shall be recorded in a book maintained for such purpose on the surface at the mine. The record shall be made by the completion of the shift on which the hazardous condition is found. B. Upon completing the pre-shift examination, the mine foreman shall return to the surface or a designated station underground and report in person to an authorized person before any other miner enters the mine. Immediately upon reaching the surface, the mine foreman shall record in ink or indelible pencil the result of his inspection in a book maintained for such purpose on the surface at the mine. C. At the completion of any shift during which a portion of a weekly examination is made, a record of each hazardous condition, its location, the corrective action taken, and the result and location of each air and methane measurement shall be made. Such record shall be made by the mine foreman making the examination or another certified person designated by the operator. If the record is made by a person other than the one making the examination, the person making the examination shall verify the record by initials and date. D. The actual level of methane detected in any examination shall be recorded in the book. E. A mine foreman or other certified person conducting a required examination shall record the results of his examination in ink or indelible pencil in a book maintained for such purpose on the surface at the mine. Similar records may be kept at designated stations or offices underground. F. Records shall be countersigned by the supervisor of the examiner creating the records. Where such records disclose a hazardous condition, the countersigning of the records shall be performed no later than the end of the next regularly scheduled working shift following the shift for which the examination records were completed, and the person countersigning shall ensure that actions to eliminate or control each hazardous condition have been taken. Where such records disclose no hazardous condition, the countersigning may be completed within 24 hours following the end of the shift for which the examination records were completed. The operator may authorize another person who possesses authority equivalent to that of the supervisor to act in the supervisor's temporary absence to read and countersign the records and ensure that action is taken to eliminate each hazardous condition disclosed in the records. G. All records of examination shall be open for inspection by interested persons and maintained at the mine site for a minimum of one year. Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, § 45.1-65; 1978, c. 120; 1994, c. 28 , § 45.1-161.212; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-831 Notice of hazardous conditions

The mine foreman shall give prompt attention to the removal of each hazardous condition reported to him by any person working in the mine. If it is impracticable to remove a hazardous condition at once, the mine foreman shall notify every person whose safety is threatened by such hazardous condition to remain away from the portion of the mine where the hazardous condition exists. Code 1950, §§ 45-35, 45-40; 1954, c. 191; 1966, c. 594, § 45.1-17; 1978, c. 729; 1993, c. 170; 1994, c. 28 , § 45.1-161.214; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-832 Notice of monitor tampering prohibition

The operator or agent shall display, in bold-faced type, on a sign placed at the mine office, at the bath house, and on a bulletin board at the mine site, the following notice: NOTICE: IT IS UNLAWFUL TO DISTURB, DISCONNECT, BYPASS, IMPAIR, OR OTHERWISE TAMPER WITH METHANE MONITORS OR OTHER DEVICES CAPABLE OF DETECTING THE PRESENCE OF EXPLOSIVE GASES IN AN UNDERGROUND COAL MINE. A VIOLATION IS PUNISHABLE AS A CLASS 6 FELONY. 1993, c. 247, § 45.1-65.2; 1994, c. 28 , § 45.1-161.215; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-833 Main fans

A. The active workings of a mine shall be ventilated by means of main fans. B. Unless otherwise approved by the Chief, each fan shall be (i) provided with pressure-recording gauges, (ii) installed on the surface in a fireproof housing, and (iii) equipped with fireproof air ducts. C. In addition to the requirements of subsection B, each main fan shall either: 1. Be equipped with ample means of pressure relief and be offset not less than 15 feet from the nearest side of the mine opening; or 2. Be directly in front of, or over, the mine opening; however, such opening shall not be in direct line with forces coming out of the mine if an explosion were to occur. There shall be another opening, equipped with a weak-wall stopping or with explosion doors, that is located not less than 15 feet or more than 100 feet from the fan opening and in direct line with the forces coming out of the mine if an explosion were to occur; and 3. In a mine ventilated by multiple main mine fans, incombustible doors shall be installed so that if any main mine fan stops and air reversals through the fan are possible, the doors on the affected fan automatically close. D. Each main mine fan shall be provided with an automatic device to give alarm when the fan slows down or stops. Unless otherwise approved by the Chief, such device shall be placed so that it will be seen or heard by an authorized person. E. Each main fan shall be on a separate power circuit, independent of the mine circuit. F. The area surrounding a main fan installation shall be kept free of combustible material for at least 100 feet in every direction where physical conditions permit. G. Each mine fan shall be operated continuously except when no miner is underground and such mine fan is intentionally stopped for necessary testing, adjustment, maintenance, or repairs, or as otherwise approved by the Chief. If the main fan is intentionally stopped for testing, adjustment, maintenance, or repairs, the mine operator shall comply with the requirements set forth in the approved fan stoppage plan for that mine. If the main fan is stopped after all miners are out of the mine, the fan shall be operated for a period specified in the approved fan stoppage plan for that mine, prepared pursuant to § 45.2-834 , before any miner is allowed underground. H. Where electric power is available, no main mine fan shall be powered by means of an internal combustion engine. However, if electric power is not available or the fan is employed for emergency use, a main mine fan may be powered with an internal combustion engine. Unless otherwise approved by the Chief, such fan shall be operated exhausting and the engine operating such fan shall be offset at least 10 feet from the fan and housed in a separate fireproof structure. Code 1950, § 45-60.1; 1954, c. 191; 1966, c. 594, § 45.1-54; 1978, c. 120; 1988, c. 597; 1993, c. 442; 1994, c. 28 , § 45.1-161.216; 1996, c. 774 ; 2005, c. 3 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-834 Fan stoppage plan

A fan stoppage plan shall be prepared for each mine. Such plan shall be subject to approval by the Chief or his designated representative. Failure to comply with any requirement set forth in the approved plan is a violation of this section. Each fan stoppage plan shall require the following: 1. When the main fan fails or stops, the power shall be cut off from the mine and miners shall be withdrawn from all face areas. 2. Miners shall be withdrawn from the underground areas if the ventilation is not restored within a reasonable time determined by the Chief, not to exceed 15 minutes. In determining such reasonable time period, the Chief shall consider, among other factors, the size and number of fans and the methane liberation rate of the mine. 3. If ventilation is restored within the time period established in the plan, each face area and any other area in which methane is likely to accumulate shall be examined by a certified person, and if all areas are found to be free of explosive or harmful gases, power may be restored and work resumed. 4. If ventilation is not restored within the time period established in the plan and the miners are evacuated from the mine, the main fan shall be operated for a period of time specified in the plan. Such period of time shall not be less than 15 minutes. Thereafter, the mine shall be examined by a certified person before any miner is permitted underground or any power circuit is energized. Code 1950, § 45-60.1; 1954, c. 191; 1966, c. 594, § 45.1-54; 1978, c. 120; 1988, c. 597; 1993, c. 442; 1994, c. 28 , § 45.1-161.217; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-835 Auxiliary fans

A. The installation or use of an auxiliary fan in any mine is prohibited without the prior written approval of the Chief. B. A machine-mounted scrubber and spray fan system may be used for control of coal dust and enhancement of ventilation. Such an installation is not considered an auxiliary fan. Code 1950, § 45-60.2; 1954, c. 191; 1966, c. 594, § 45.1-55; 1993, c. 442; 1994, c. 28 , § 45.1-161.218; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-836 Quantity of air

A. The quantity of air passing through the last open crosscut shall be at least 9,000 cubic feet per minute. However, the quantity of air reaching the last open crosscut in a pillar-recovery section may be less than 9,000 cubic feet per minute if at least 9,000 cubic feet of air per minute is being delivered to the intake end of the pillar line. B. The air current at a working face shall, under all conditions, have a sufficient volume and velocity to readily dilute and carry away smoke from blasting and any flammable or harmful gases and dust. C. In a longwall or shortwall mining system: 1. The quantity of air shall be at least 30,000 cubic feet per minute reaching the working face, unless otherwise approved by the Chief; and 2. The velocity of air provided to control dust at designated locations on the longwall or shortwall face shall be maintained in accordance with the provisions of the mine ventilation plan approved by MSHA. D. Ventilation shall be maintained during the installation or removal of mechanized mining equipment. Code 1950, §§ 45-4.1, 45-9, 45-12, 45-60.4, 45-74; 1954, c. 191; 1966, c. 594, §§ 45.1-5, 45.1-56; 1968, c. 310; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1993, c. 442; 1994, c. 28 , § 45.1-161.219; 1996, c. 774 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-837 Bleeder systems

A. Every mine shall have a system, approved by the Chief, of bleeder openings of air courses designed to provide positive movement of air through or around worked-out areas. Such system shall be sufficient to prevent a hazardous accumulation of gas in any such area and to minimize the effect of variations in atmospheric pressure. Each operator shall submit a bleeder system plan that complies with requirements developed by the Chief. B. The system requirements developed by the Chief shall, at a minimum, address standards for (i) supplemental roof supports, (ii) water accumulation, (iii) continuous movement of gases from gob areas, (iv) methane content, (v) the use and operation of degasification systems, (vi) air flow direction and content, and (vii) ventilation controls. The Chief shall not approve a plan that provides for a methane content exceeding 4.5 percent in bleeder air courses. C. This section shall not prohibit the sealing of worked-out areas in accordance with § 45.2-845 . The mine map requirements of § 45.2-542 may be used to depict bleeder system standards specified in this section. D. Failure to comply with an approved plan is a violation of this section. Code 1950, § 45-60.4; 1954, c. 191; 1966, c. 594, § 45.1-56; 1968, c. 310; 1978, c. 120; 1993, c. 442; 1994, c. 28 , § 45.1-161.220; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-838 Coursing of air

A. The main intake and return air currents of a drift or slope mine shall not be in a single partitioned opening. B. Every entry driven in coal shall be in a set of two or more entries. C. Every transformer station, battery-charging station, substation, rectifier, and water pump shall be housed in an incombustible structure or area or be equipped with an approved fire suppression system. Each such installation shall be ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate any working place. This requirement does not apply to any (i) rectifier, battery-charging station, or power center with transformers that are of the dry type or contain nonflammable liquid, if such rectifier, battery-charging station, or power center is located at or near the working section and is moved as the working section advances or retreats; (ii) submersible pump; (iii) permissible pump and associated permissible switch gear; (iv) pump located at or near the working section that is moved as the working section advances or retreats; or (v) small portable pump. Such equipment shall be installed and operated only in a well-ventilated location. D. Any change in ventilation that materially affects the main air current or any split thereof shall be made when the mine is not in operation and there are no miners in the mine other than those engaged in changing the ventilation. E. Each section in a mine shall be ventilated by a separate split of air. F. Air used to ventilate a belt haulage entry shall not be used to ventilate any working place unless approved by the Chief. Code 1950, §§ 45-60.4, 45-71; 1954, c. 191; 1966, c. 594, § 45.1-57; 1978, c. 120; 1994, c. 28 , § 45.1-161.221; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-839 Actions for excessive methane

A. Tests for methane concentration under this section shall be made by certified or qualified persons trained in the use of an approved detecting device that is properly maintained and calibrated. Tests shall be made at least one foot from the roof, face, ribs, and floor. B. If a methane concentration of one percent or more is present in a working place; an intake air course, including an air course in which a belt conveyor is located; or an area where mining equipment is being installed or removed, work shall cease and electrically powered equipment shall be de-energized in the affected working place, except for any intrinsically safe atmospheric monitoring system (AMS), which need not be de-energized. Changes or adjustments shall be made to such ventilation system to reduce the methane concentration to below one percent. Only work to reduce the methane concentration to below one percent is permitted. Such limitation does not apply to any other face in the entry or slope in which work can be safely continued. C. If a methane concentration of 1.5 percent or more is present in a working place; an intake air course, including an air course in which a belt conveyor is located; or an area where mining equipment is being installed or removed, only work necessary to reduce the methane concentration to less than 1.5 percent is permitted, and all miners except those required to perform such necessary work shall be withdrawn from the affected area. Electrically powered equipment in the affected area shall be de-energized and other mechanized equipment in the affected area shall be shut off, except for any intrinsically safe AMS. D. If a methane concentration of one percent or more is present in a return or split between the last working place on a working section and the location at which such split of air meets another split of air, or the location at which such split is used to ventilate a seal or worked-out area, changes or adjustments shall be made to the ventilation system to reduce the methane concentration in the return air to less than one percent. E. If a methane concentration of 1.5 percent or more is present in a return air split between the last working place on a working section and the location at which such split of air meets another split of air, or the location at which such split is used to ventilate a seal or worked-out area, all miners except those required to perform necessary work to correct the problem shall be withdrawn from the affected area. Other than an intrinsically safe AMS, all equipment in the affected area shall be de-energized at the source. No other work is permitted in the affected area until the methane concentration in the return air is less than one percent. F. An alternative methane concentration of as much as 1.5 percent is allowed in a return air split if the following conditions are met: (i) the quantity of air in the split ventilating the active workings is at least 27,000 cubic feet per minute in the last open crosscut; (ii) the methane concentration in the split is continuously monitored during mining operations by an intrinsically safe AMS that gives a visual and audible signal on the working section when the methane concentration in the return air reaches 1.5 percent; and (iii) rock dust is continuously applied with a mechanical duster to the return air course during coal production at a location in the air course that is immediately outby the most inby monitoring point or inby such point if the mechanical duster is maintained in a permissible condition and does not adversely affect the AMS. If a methane concentration of 1.5 percent or more is present at the location at which a return air alternative is applied, all persons shall be withdrawn, except those necessary to improve ventilation, and changes or adjustments shall be made to reduce the methane concentration in the return air to below 1.5 percent as set forth in subsection E. G. The methane concentration in a bleeder split of air immediately before the air in such split joins another split of air, or in a return air course other than described in subsections D and E, shall not exceed two percent. Code 1950, § 45-60.3; 1954, c. 191; 1966, c. 594, § 45.1-58; 1978, c. 120; 1994, c. 28 , § 45.1-161.222; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-840 Crosscuts

A. Crosscuts shall be made between entries and between rooms as provided in the approved roof control plan. B. Every crosscut between an intake and a return air course shall be closed, except the one nearest the face. A crosscut between rooms shall be closed where necessary to provide adequate ventilation at the working face. C. Where practicable, a crosscut shall be provided at or near the face of each entry or room before the place is abandoned. D. No entry or room shall be started off an entry beyond the last open crosscut. Code 1950, § 45-60.4; 1954, c. 191; 1966, c. 594, § 45.1-59; 1978, c. 729; 1994, c. 28 , § 45.1-161.223; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-841 Permanent stoppings

A. Permanent stoppings shall be built and maintained: 1. Between each intake and return air course, except that temporary controls may be used in any room that is located 600 feet or less from the centerline of the entry from which the room was developed. Unless otherwise approved by the Chief, such stoppings shall be maintained to and inclusive of the third connecting crosscut outby the working face. 2. To separate each belt conveyor haulage entry from any return air course, except where a belt entry is used as a return air course. 3. To separate the primary escapeway from any belt or trolley haulage entry, unless otherwise approved by the Chief. 4. In each return air course to direct air into adjacent worked-out areas. B. Permanent stoppings shall be built of substantial, incombustible material such as concrete, concrete block, brick, tile, or other approved material; however, where physical conditions prohibit the use of such materials, timbers laid longitudinally "skin to skin" may be used. C. The use of an air lock in the permanent intake stopping line near the section loading point is permitted to access the belt and transport supplies. D. Stoppings shall be maintained to serve the purpose for which they were built and shall be reasonably airtight. Code 1950, § 45-60.4; 1954, c. 191; 1966, c. 594, § 45.1-59; 1978, c. 729; 1994, c. 28 , § 45.1-161.224; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-842 Ventilation controls

A. Ventilation shall be so arranged by means of air locks, overcasts, or undercasts that the passage of a haulage trip or person along the entries will cause no interruption of the air current. Each air lock shall be ventilated sufficiently to prevent an accumulation of methane therein. B. Air lock doors that are used in lieu of permanent stoppings or to control ventilation within an air course shall be (i) made of incombustible material or coated on all accessible surfaces with flame-retardant material having a flame spread index of 25 or less as tested under ASTM E162 and (ii) of sufficient strength to serve their intended purpose of maintaining separation and permitting travel between or within air courses or entries. C. To provide easy access between the return, belt, and intake escapeway entries, substantially constructed man-doors that are properly marked so as to be readily detected shall be installed in at least every fifth crosscut in the stopping line separating such entries. D. Doors shall be kept closed except when a miner or piece of equipment is passing through the doorway. Any motor crew or other miner who opens such doors shall see that they are closed before leaving them. E. Overcasts, undercasts, and regulators shall be well-constructed; of incombustible material, such as masonry, concrete, concrete block, or prefabricated metal; and (i) of sufficient strength to withstand possible falls from the roof, (ii) of ample area to pass the required quantity of air, and (iii) kept clear of obstructions. Code 1950, § 45-60.4; 1954, c. 191; 1966, c. 594, § 45.1-60; 1993, c. 442; 1994, c. 28 , § 45.1-161.225; 1996, c. 774 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-843 Line brattice

A. Substantially constructed line brattice shall be used from the last open crosscut of an entry or room when necessary to provide adequate ventilation for the miners and to remove gases. Any line brattice that is damaged by a fall or otherwise shall be repaired promptly. B. The space between the line brattice and the rib shall be large enough to permit the flow of a sufficient volume of air to keep the working face clear of flammable and noxious gases. C. Brattice cloth that is used underground shall be of flame-resistant material. D. An accumulation of methane shall be moved only by means of properly installed line brattice or other approved method. Code 1950, § 45-60.4; 1954, c. 191; 1966, c. 594, § 45.1-61; 1994, c. 28 , § 45.1-161.226; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-844 Ventilation with air from certain areas

Active face workings shall not be ventilated with air that has passed through a worked-out area or has been used to ventilate a pillar line. This section shall not apply to air that is being used to ventilate an active pillar line or a room that is necessary to establish and maintain such pillar line. Code 1950, § 45-60.5; 1954, c. 191; 1966, c. 594, § 45.1-62; 1993, c. 442; 1994, c. 28 , § 45.1-161.227; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-845 Worked-out areas

A. Every worked-out area shall be either sealed or ventilated. B. Where the practice is to seal worked-out areas, the sealing shall be done in accordance with sealing provisions of the approved bleeder plan. Code 1950, § 45-60.5; 1954, c. 191; 1966, c. 594, § 45.1-62; 1993, c. 442; 1994, c. 28 , § 45.1-161.228; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-846 Air quality

A. All active workings shall be ventilated by a current of air containing at least 19.5 percent by volume of oxygen and no harmful amount of any noxious or poisonous gas. B. The volume and velocity of the current of air in all active workings shall be sufficient to dilute, render harmless, and carry away flammable, explosive, noxious, and harmful gases, dust, smoke, and explosive fumes. Code 1950, § 45-60.3; 1954, c. 191; 1966, c. 594, § 45.1-63; 1968, c. 310; 1993, c. 442; 1994, c. 28 , § 45.1-161.229; 1996, c. 774 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-847 Examination of mine for explosive gas and other hazardous conditions

A. Every certified person whose regular duties require him to inspect working places in any mine for hazardous conditions shall have in his possession and shall use, when underground, a permissible methane detector or other permissible device capable of detecting methane and oxygen deficiency. B. A sufficient number of permissible methane detectors or other permissible devices capable of detecting methane shall be kept at each mine inby the last open crosscut. Every miner shall be trained in the operation of such devices. Every miner working inby the last open crosscut shall be certified by the Board of Coal Mining Examiners pursuant to § 45.2-520 to conduct gas testing. C. Every methane detector shall be maintained in permissible condition. Every methane detector shall be calibrated at least monthly in accordance with the manufacturer's recommendations. A record of such calibration shall be made in a book for this purpose kept at a surface location at the mine and maintained for one year. Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7, 45-85.6; 1954, c. 191; 1966, c. 594, §§ 45.1-35, 45.1-65; 1978, cc. 118, 120; 1994, c. 28 , § 45.1-161.231; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-848 Tampering with methane monitoring devices prohibited; penalty

A. No person shall intentionally disturb, disconnect, bypass, impair, or otherwise tamper with any methane monitor or other device that is capable of detecting the presence of explosive gas and is used in an underground coal mine. If such methane monitor or device is installed on a face cutting machine, a continuous miner, longwall face equipment, a loading machine, or other mechanized equipment used to extract or load coal, as required pursuant to 30 C.F.R. Part 75.342, and such monitor, device, or equipment malfunctions, it may be disconnected or bypassed for the purpose of removing it or the equipment in order to make necessary repairs to it or the equipment. Any methane monitor or device not otherwise required by law may be disconnected, bypassed, or removed. B. Violation of this section is a Class 6 felony. 1993, c. 247, § 45.1-65.1; 1994, c. 28 , § 45.1-161.232; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-849 Allowing persons to work in mine where methane monitoring equipment disconnected; penalty

No operator, agent, or mine foreman shall knowingly permit any miner to work in any area of an underground coal mine where such operator, agent, or mine foreman has knowledge that a methane monitor or other device capable of detecting the presence of explosive gas has been impaired, disturbed, disconnected, or bypassed in violation of § 45.2-848 . Violation of this section is a Class 6 felony. 1993, c. 247, § 45.1-30.1; 1994, c. 28 , § 45.1-161.233; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-850 Intentionally bypassing a safety device; prohibition

A. No person shall intentionally bypass, bridge, or otherwise impair an electrical or hydraulic circuit that affects the safe operation of electrical or mechanical equipment. B. The provisions of subsection A shall not prohibit (i) a certified electrical repairman from bypassing an energized circuit for troubleshooting; (ii) an authorized person from performing repairs or maintenance on equipment once the power is off and the equipment is blocked against motion, except where motion is necessary to make adjustment or to move the equipment to a safe location; (iii) an authorized person from bypassing a hydraulic circuit for the purpose of troubleshooting or moving equipment to a safe location in order to make necessary repairs or take such equipment out of service; or (iv) an authorized person from activating an override feature that is designed by the machine manufacturer to allow such machine to be moved to a safe location in order to undergo necessary repairs or be taken out of service. 2005, c. 3 , § 45.1-161.233:1; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-851 Control of coal dust

A. Coal dust shall not be permitted to accumulate excessively in any part of the active areas, including any active workings that are soon to be worked-out. B. Where an underground mining operation creates or raises an excessive amount of coal dust into the air, any coal dust on the ribs, roof, or floor shall undergo an application of water or water with a wetting agent added to it or another effective method, approved by the Chief or his authorized representative, of controlling dust to reduce dispersibility and minimize the risk of explosion. Such application or method shall occur within 40 feet of any active workings or such other area as the Chief or his authorized representative requires. Code 1950, § 45-77.1; 1954, c. 191; 1966, c. 594, § 45.1-66; 1994, c. 28 , § 45.1-161.234; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-852 Rock dusting

A. Every underground area of a mine, except an area in which the coal dust is too wet or too high in incombustible content to propagate an explosion, shall be rock-dusted to within 40 feet of every working face, unless such area is inaccessible or unsafe to enter or unless the Chief or his authorized representative permits an exception upon his finding that such exception does not pose a hazard to any miner. Every crosscut that is less than 40 feet from a working face shall also be rock-dusted. B. Every other area of a mine shall be rock-dusted if conditions are found by a proper inspection to be so dusty as to constitute a hazard. If such conditions are found to exist, the Chief or his authorized representative shall require the necessary rock dusting to make every such area of the mine safe. C. Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible material, shall be cleaned up and shall not be permitted to accumulate excessively in active workings or on electric equipment therein. Code 1950, § 45-77; 1954, c. 191; 1966, c. 594, § 45.1-67; 1978, c. 120; 1994, c. 28 , § 45.1-161.235; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-853 Checking system; tracking system

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 .

Va. Code Ann. § 45.2-854 Protective clothing

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 .

Va. Code Ann. § 45.2-855 Noise levels and ear protection

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 .

Va. Code Ann. § 45.2-856 Smoking materials prohibited; penalty

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 .

Va. Code Ann. § 45.2-857 Allowing persons to work in a mine with smoker's articles; penalty

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 .

Va. Code Ann. § 45.2-858 Posting of notice

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 .

Va. Code Ann. § 45.2-859 Smoking in surface and other areas

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 .

Va. Code Ann. § 45.2-860 Portable illumination

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 .

Va. Code Ann. § 45.2-861 First aid equipment

Each mine shall have adequate supplies of first aid equipment as determined by the Chief. Such supplies shall be located on the surface, at the bottom of each shaft and slope, and at other strategic locations near the working faces, as the Chief prescribes. Such first aid supplies shall be encased in suitable sanitary receptacles designed to be reasonably dust-tight and moisture-proof. Such supplies shall be available for use of any person employed in the mine. No first aid material shall be removed or diverted without authorization except in case of injury at the mine. Code 1950, § 45-69.6; 1954, c. 191; 1966, c. 594, § 45.1-101; 1978, c. 94; 1994, c. 28 , § 45.1-161.197; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-862 Attention to injured persons

A. When an injury occurs underground, the injured person shall be brought promptly to the surface. Prompt medical attention shall be provided in the event of injury, and adequate facilities shall be made available for transporting such injured person to a hospital if necessary. B. Safe transportation shall be provided to carry an injured person from the site where the injury occurred to the surface of the mine. C. The operator of each mine shall post directional signs that are conspicuously located to identify the routes of ingress to and egress from any mine located off of a public road. Code 1950, § 45-69.6; 1954, c. 191; 1966, c. 594, § 45.1-101; 1978, c. 94; 1994, c. 28 , § 45.1-161.198; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .

Va. Code Ann. § 45.2-863 Certified emergency medical services providers

A. At each mine, the mine operator shall station at least one person who is a working coal miner and who holds a valid certificate as an emergency medical services provider issued pursuant to § 32.1-111.5 so as to make such person available for duty during any time when miners are working at such mine. Such operator shall utilize enough such providers to assure that workers in any mine location can be reached by a provider within a reasonable time as determined by the Chief. Each provider shall have available to him at all times the necessary equipment, as specified by the Chief, for prompt response to emergencies. Telephone facilities or their equivalent shall be installed to provide two-way voice communication between such provider and medical personnel outside the mine. B. If an insufficient number of qualified miners at a particular mine volunteer to serve as providers pursuant to this section, the operator may utilize the services of first aid trainees, in such numbers as the Chief determines to be appropriate. 1977, c. 679, § 45.1-101.1; 1978, c. 94; 1994, c. 28 , § 45.1-161.199; 2015, cc. 502 , 503 ; 2021, Sp. Sess. I, c. 387 .

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title45.2/chapter8/Fetched: 10/16/2026