45.1-161.292:51 - Operators' reports of accidents; investigations; reports by Department - Virginia Statutes

§ 45.1-161.292:51. Operators' reports of accidents; investigations; reportsby Department.

A. Each operator shall report promptly to the Department the occurrence atany mine of any accident involving serious personal injury or death to anyperson or persons, whether employed in the mine or not. The scene of theaccident shall not be disturbed pending an investigation, except to preventsuspension of use of a slope, entry or facility vital to the operation of asection or a mine. In cases where reasonable doubt exists as to whether toleave the scene unchanged, the operator shall secure prior approval from theDepartment before any changes are made.

B. The Director will go personally or dispatch one or more mine inspectors tothe scene of such a mineral mine accident, investigate causes, and issue suchorders as may be needed to ensure the safety of other persons.

C. Representatives of the operator will render such assistance as may beneeded and act in a consulting capacity in the investigation. An employee ifso designated by the employees of the mine will be notified, and as many asthree employees if so designated as representatives of the employees may bepresent at the investigation in a consulting capacity.

D. The Department will render a complete report of circumstances and causesof each accident investigated and make recommendations for the prevention ofsimilar accidents. The Department will furnish one copy of the report to thelicensed operator, one copy to any other operator whose employees wereexposed to hazards as a result of the accident, and one copy to the employeerepresentative when he has been present at the investigation. The Directorwill maintain a complete file of all accident reports for mineral mines.Further publicity may be ordered by the Director in an effort to prevent mineaccidents.

(1997, c. 390; 1998, c. 695.)