45.1-161.106 - Regulations governing conditions and practices at underground coal mines. - Virginia Statutes

§ 45.1-161.106. Regulations governing conditions and practices at undergroundcoal mines.

A. The Chief shall have authority, after consultation with the Virginia CoalMine Safety Board and in accordance with the provisions of Article 2 (§2.2-4006 et seq.) of the Administrative Process Act, to promulgate rules andregulations necessary to ensure safe and healthy working conditions inunderground coal mines in the Commonwealth. Such rules and regulationsgoverning underground coal mines shall relate to:

1. The maintenance, operation, storage, and transportation of any mechanicalor electrical equipment, device or machinery used for any purpose in theunderground mining of coal;

2. Safety and health standards for the protection of the life, health andproperty of, and the prevention of injuries to, persons involved in or likelyto be affected by any underground coal mining operations which shall includebut not be limited to the control of dust concentration levels; use ofrespiratory equipment and ventilating systems; development and maintenance ofroof control systems; handling of combustible materials and rock dusting;installation, maintenance and use of electrical devices, equipment, cablesand wires; fire protection, including equipment, emergency evacuation plans,emergency shelters, and communication facilities; the use and storage ofexplosives; and the establishment and maintenance of barriers in undergroundmines around gas and oil wells. The Chief is authorized to promulgateregulations setting forth specific occupations and conditions for which aminer will be prohibited from working alone underground; and

3. The storage or disposal of any matter or materials extracted or disturbedas the result of an underground coal mining operation or operations or usedin the mining operation or for the refinement or preparation of the materialsextracted from the coal mining operation so that such matter or material doesnot threaten the health or safety of the miners or the general public.

B. The Chief shall not promulgate any regulation establishing requirementsfor the operation of, or conditions at, an underground coal mine which areinconsistent with requirements established by the Act.

(Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c.784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963;1994, c. 28.)