Chapter 40. Safety and Health Regulations for Mineral Mining

Flammable and combustible liquid or gas storage tanks shall not be located within 100 feet of any underground mine opening. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Changes in ventilation that materially affect the main air current or any split thereof and may affect the safety of persons in the mine shall be made only when the mine is idle. Only those persons engaged in making such changes shall be permitted in the mine during the change. P…

If flammable gas in excess of 1.0% by volume is detected in the air not less than 12 inches from the back, face and rib of an underground active area, or in air returning from an area or areas, adjustments shall be made in the ventilation immediately so that the concentration of …

If 1.5% or higher concentration of flammable gas is detected in air returning from an underground area or areas, the persons shall be withdrawn and the power cut off to the portion of the mine endangered by such flammable gas until the concentration of such gas is reduced to 1.0%…

Air that has passed by an opening of any unsealed abandoned area and contains 0.25% or more of flammable gas shall not be used to ventilate working areas. Examinations of such air shall be conducted during the preshift examinations required by 4VAC25-40-5510. Statutory Authority§…

Air that has passed through an abandoned panel or area which is inaccessible or unsafe for inspection shall not be used to ventilate any working area in such mine. No air which has been used to ventilate any area from which the pillars have been removed shall be used to ventilate…

Abandoned areas shall be sealed or ventilated; areas that are not sealed shall be barricaded and posted against unauthorized entry. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Seals shall be of substantial construction. Exposed surfaces shall be made of fire-resistant material, or, if the commodity mined is combustible, seals shall be made of incombustible material. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

One or more seals of every sealed area shall be fitted with a pipe and a valve or cap to permit sampling of the atmosphere and measurement of the pressure behind such seals. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Crosscuts shall be made at intervals not in excess of 100 feet between entries and between rooms. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Crosscuts shall be closed when necessary to provide adequate face ventilation. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Buildings or areas used for storage of flammable or combustible materials shall be: 1. Of fire resistant construction; 2. Well-ventilated; 3. Kept clean and orderly; 4. Posted with fire hazard warning signs; and 5. Provided with means to confine or contain accidental spills. Stat…

Line brattices or other suitable devices shall be installed from the last open crosscut to a point near the face to ensure positive air flow to the face of every active underground working area, unless the director or his authorized representative permits an exception to this req…

Brattice cloth shall be of flame-resistant material. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Damaged brattices shall be repaired promptly. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Crosscuts shall be provided, where practicable, at or near the faces of entries and rooms before they are abandoned. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Entries or rooms shall not be started off entries beyond the last open crosscuts, except that room necks and entries not to exceed 18 feet in depth may be turned off entries beyond the last open crosscuts if such room necks or entries are kept free of accumulations of flammable g…

Stoppings in crosscuts between intake and return airways, other than room entries, shall be built of solid, substantial material; exposed surfaces shall be made of fire-resistant material, or if the material mined is combustible, stoppings shall be made of incombustible material.…

Stoppings shall be reasonably airtight. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

The main ventilation shall be so arranged by means of air locks, overcasts, or undercasts that the passage of trips or persons does not cause interruptions of air currents. Where air locks are impractical, single doors may be used if they are attended constantly while the areas o…

Air locks shall be ventilated sufficiently to prevent accumulations of flammable gas inside the locks. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Doors shall be kept closed except when persons or equipment passing through the doorways. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Fuel lines shall be equipped with shut-off valves at the source. Such valves shall be readily accessible and maintained in operating condition. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Overcasts and undercasts shall be: 1. Constructed tightly of incombustible material; 2. Of sufficient strength to withstand possible falls from the back; and 3. Kept clear of obstructions. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Preshift examinations shall be made of all working areas by certified foremen within three hours before any workers, other than the examiners, enter the mine. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Only certified foremen and persons authorized to correct the dangerous conditions shall enter places or areas where danger signs are posted. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Danger signs shall not be removed until the dangerous conditions have been corrected. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Each operator shall use permissible devices for detecting flammable gases, oxygen deficiency, carbon monoxide, and other air contaminants. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Examinations for dangerous conditions including tests for flammable gas with an acceptable device shall be made at least once each week, and at intervals of not more than seven days, by the certified foreman, except during weeks in which the mine is idle for the entire week. The …

The certified foreman or other designated mine official shall read and countersign promptly the reports of daily and weekly examinations by competent persons and shall take prompt action to have dangerous conditions corrected. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of …

All gassy mines shall be ventilated mechanically. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Airflow shall be maintained in all intake and return air courses of a mine. When multiple main fans are used, such ventilation systems shall not develop areas without perceptible air movement. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia…

In mines ventilated by a combination of multiple blowing or multiple exhausting fans, each main fan installation shall be equipped with noncombustible doors designed and positioned so that, in the event of failure of a main fan, these doors will automatically close to prevent air…

Solvents and combustibles shall not be used near an open flame, heat source or other ignition source. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Diesel-powered equipment shall not be taken into or operated in places where flammable gas exceeds 1.0% of any point not less than 12 inches from the back, face and rib. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Trolley wires and trolley feeder wires shall be on intake air and shall not exceed beyond the last open crosscut or other ventilation opening. Such wires shall be kept at least 150 feet from pillar workings. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virgini…

Only permissible equipment maintained in permissible condition shall be used beyond the last open crosscut or in places where dangerous quantities of flammable gases are present or may enter the air current. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virgini…

Only permissible distribution boxes shall be used in working areas and other areas where dangerous quantities of flammable gas may be present or may enter the air current. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

No electric equipment shall be taken into or operated in places where flammable gas can be detected in the amount of 1.0% or more at any point not less than 12 inches from the back, face and rib. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Only permissible electric lamps shall be used for portable illumination underground. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Only permissible or other types of explosives approved by the director shall be used in gassy mines. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

The division, in granting approval referred to in 4VAC25-40-5660, shall provide the operator with a written list of conditions for using the specific explosives covered by the approval and adapted to the mining operation. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-16…

(Repealed.)

Waste materials which could create a fire hazard shall not be allowed to accumulate; such materials shall be disposed of in a safe manner. Statutory Authority§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Examinations for gas shall be made immediately before and after each shot or round. Statutory Authority§§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.

Shots or rounds shall not be fired in places where flammable gas can be detected with a permissible flame safety lamp, or where 1.0% or more of flammable gas can be detected by any other MSHA approved device or method, at a point not less than 12 inches from the back, face and ri…

(Repealed.)