45.1-161.177 - Smoking materials prohibited; penalty. - Virginia Statutes

§ 45.1-161.177. Smoking materials prohibited; penalty.

A. No miner or other person shall smoke or carry or possess underground anysmoker's articles or matches, lighters, or similar materials generally usedfor igniting smoker's articles. Any person convicted of a violation of thissubsection shall be guilty of a Class 6 felony.

B. The operator shall institute a smoker search program, approved by theChief, to ensure that any person entering the underground area of the minedoes not carry smoking materials, matches, or lighters.

C. Any person entering or present in any underground area of a coal mineshall, by his entry into the underground area of the mine, be subject to asearch of his person, such of his personal property as may be in anyunderground area of the mine at any time he is underground, or both. Suchsearch shall be conducted at the direction of the Chief by employees of theDepartment. It shall be limited in scope to the person and property of thepersons present underground at the time of the search and shall be for thepurpose of enforcing the provisions of this section.

D. This section shall not prohibit the possession of equipment used solelyfor the operation of flame safety lamps or for welding or cutting.

(1993, c. 389, § 45.1-98.1; 1994, c. 28; 1995, c. 569.)