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Virginia Statutes, Title 45.2

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Title 45.2, Mines, Minerals, and Energy

23 chapters · 639 sections in this title.

All chapters in Title 45.2639 Ch 5, Coal Mine Safety Act.82 Ch 7, Requirements Applicable to Undergrou…77 Ch 11, Mineral Mine Safety Act.68 Ch 8, Requirements Applicable to Undergrou…64 Ch 10, Virginia Coal Surface Mining Control…53 Ch 16, Virginia Gas and Oil Act.50 Ch 12, Permits for Certain Mining Operation…44 Ch 9, Requirements Applicable to Surface C…40 Ch 17, Other Sources of Energy Generally; E…37 Ch 1, Administration.24 Ch 6, Coal Mining Property, Interests, Adj…21 Ch 21, Nuclear Energy.20 Ch 18, Wind Energy.14 Ch 20, Geothermal Energy.9

639 sections·Filtered byTitle 45.2✕

Va. Code Ann. § 45.2-838 Coursing of air
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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 …
Va. Code Ann. § 45.2-839 Actions for excessive methane
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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…
Va. Code Ann. § 45.2-840 Crosscuts
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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 pr…
Va. Code Ann. § 45.2-841 Permanent stoppings
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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 approve…

Va. Code Ann. § 45.2-842 Ventilation controls

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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 t…

Va. Code Ann. § 45.2-843 Line brattice

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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 …

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

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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 main…

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

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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.

Va. Code Ann. § 45.2-846 Air quality

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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…

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

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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 oxyg…

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

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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…

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

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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 impair…

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

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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 …

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

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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 …

Va. Code Ann. § 45.2-852 Rock dusting

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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 Ch…

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

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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 sh…

Va. Code Ann. § 45.2-854 Protective clothing

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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 underg…

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

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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.

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

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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 sear…

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

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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.

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

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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 POS…

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

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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 p…

Va. Code Ann. § 45.2-860 Portable illumination

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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 permis…

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

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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 supplie…

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

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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…

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

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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 ar…

Va. Code Ann. § 45.2-900 Scope of chapter

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This chapter applies to the operation of any surface coal mine in the Commonwealth and supplements the provisions of Chapter 5 (§ 45.2-500 et seq.).

Va. Code Ann. § 45.2-901 Regulations governing conditions and practices at surface coal mines

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A. The Chief may, after consultation with the Virginia Coal Mine Safety Board and in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), adopt regulations necessary to ensure safe and healthy working conditions in surface coal mines in the Commo…

Va. Code Ann. § 45.2-902 Standards for regulations

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In adopting regulations pursuant to § 45.2-901, the Chief shall consider: 1. Standards utilized and generally recognized by the surface coal mining industry; 2. Standards established by recognized professional coal mining organizations and groups; 3. Standards established by fede…

Va. Code Ann. § 45.2-903 Safety examinations

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A. An on-shift examination of the work area, including any pit, auger, thin seam, or highwall operation, shall be conducted by a certified person for each production shift and at such other times or frequency as the Chief designates as necessary for hazardous conditions. B. A pre…

Va. Code Ann. § 45.2-904 Records of examinations

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A. Documentation of examinations and testing conducted pursuant to § 45.2-903 shall be recorded in a mine record book provided for that purpose. Documentation shall include records of hazardous conditions found in the work area. However, examinations of fire extinguishers shall b…

Va. Code Ann. § 45.2-905 Areas with safety or health hazards; duties of surface mine foreman

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A. Any hazardous condition shall be corrected promptly or the affected area shall be barricaded or posted with warning signs specifying the hazard and proper safety procedures. Any imminent danger that cannot be removed within a reasonable time shall be reported to the Chief by t…

Va. Code Ann. § 45.2-906 Personal protection devices and practices

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A. Every person at a surface coal mine shall wear the following protection in the specified conditions: 1. A hard hat in and around any area of a mine where falling objects could cause injury. 2. Hard-toed footwear in and around a mine. 3. Safety goggles or a shield where there i…

Va. Code Ann. § 45.2-907 Housekeeping

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A. Good housekeeping shall be practiced in and around every building, shaft, slope, yard, or other area of the mine. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails, broke…

Va. Code Ann. § 45.2-908 Noxious fumes

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Painting or any operation that creates noxious fumes shall be performed only in a well-ventilated atmosphere.

Va. Code Ann. § 45.2-909 First aid equipment

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Every surface coal mine shall have adequate supplies of first aid equipment as determined by the Chief. Such supplies shall be located at strategic locations at the mine site so as to be available in a reasonable response time. Such supplies shall be encased in suitable sanitary …

Va. Code Ann. § 45.2-910 First aid training

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A. Each surface foreman shall complete and pass a first aid course of study as prescribed by the Chief. The Chief may utilize the Department's educational and training facilities in the conduct of such training programs and may require the cooperation of mine operators in making …

Va. Code Ann. § 45.2-911 Attention to injured persons

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A. Prompt medical attention shall be provided in the event of an injury, and adequate facilities shall be made available for transporting injured persons to a hospital where necessary. B. Safe transportation shall be provided to move injured persons from the site where the injury…

Va. Code Ann. § 45.2-912 Firefighting equipment; duties in case of fire; fire precaution in transportation of mining equipment; fire prevention generally

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A. Each mine shall be provided with suitable firefighting equipment that is adequate for the size of the mine and includes at least three 20-pound dry chemical fire extinguishers. Equipment and devices used for the detection, warning, and extinguishing of fires shall be suitable …

Va. Code Ann. § 45.2-913 Duties in case of fire

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A. 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. When a fire that could endanger persons at the mine cannot be extinguished immediately, all persons shall be withdrawn promptly from the ar…

Va. Code Ann. § 45.2-914 Fire precautions

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A. An examination for fire shall be made after every blasting operation. B. No person shall smoke or use an open flame within 25 feet of any location used to handle or store flammable or combustible liquids or where an arc or flame could cause a fire or explosion. C. Any area sur…

Va. Code Ann. § 45.2-915 Haulage and mobile equipment; operating condition

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A. All mobile equipment shall be maintained in a safe operating condition. B. Positive-acting stopblocks shall be used where necessary to protect persons from the danger of moving or runaway haulage equipment. C. Where it is necessary for persons to cross conveyors regularly, sui…

Va. Code Ann. § 45.2-916 Equipment operation

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A. Equipment operating speeds, conditions, and characteristics shall be prudent and consistent with the conditions of the roadway, grade, clearance, visibility, and traffic and the type and use of equipment. B. Any vehicle that follows another vehicle shall do so at a safe distan…

Va. Code Ann. § 45.2-917 Safety measures on equipment

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A. Every rubber-tired or crawler-mounted piece of equipment shall have a rollover protective structure to the extent required by 30 C.F.R. § 77.403-1. B. Each seat belt provided in mobile equipment shall be maintained in safe working condition. Every operator of such equipment sh…

Va. Code Ann. § 45.2-918 Transportation of personnel

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No person shall be permitted to ride or otherwise be transported (i) on or in a dipper, shovel, bucket, fork, or clamshell; (ii) on or in the cargo space of a dump truck; (iii) outside the cab or bed of a piece of heavy equipment; or (iv) on or in a chain, belt, or bucket conveyo…

Va. Code Ann. § 45.2-919 Lighting

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A. Lights shall be provided on or in surface structures as needed. B. Roads, paths, and walks outside of surface structures shall be kept free from obstructions and shall be well-illuminated if used at night.

Va. Code Ann. § 45.2-920 Shop and other equipment

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A. The following shall be guarded and maintained adequately: 1. Gears, sprockets, pulleys, fan blades or propellers, friction devices, and couplings with protruding bolts or nuts. 2. Shafting and projecting shaft ends that are within seven feet of the floor or the platform level.…

Va. Code Ann. § 45.2-921 Hydraulic hoses

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Every hydraulic hose that is used on equipment shall have the hydraulic hose manufacturer's rated pressure in pounds per square inch (psi) permanently affixed on the outer surface of the hose and repeated at least every two feet. Every hose installed on an automatic displacement …

Va. Code Ann. § 45.2-922 Stairways, platforms, runways, and floor openings

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A. Stairways, platforms, and runways shall be provided where persons work or travel. B. Stairways, elevated platforms, elevated runways, and floor openings shall be equipped with suitable handrails or guardrails. C. Stairways, elevated platforms, runways, and floor openings shall…

Va. Code Ann. § 45.2-923 Loading and haulage work area requirements

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A. Every ramp or dump shall be of solid construction, ample width, and ample clearance, and headroom shall be kept reasonably free of spillage. B. Berms or guards shall be provided on the outer bank of every elevated haulage road. Every berm shall be constructed of substantial ma…