45.1-161.292:54 - Frequency of mine inspections - Virginia Statutes

§ 45.1-161.292:54. Frequency of mine inspections.

A. The Director shall conduct a complete inspection of every undergroundmineral mine not less frequently than every 180 days, and of those surfacemineral mines which are not inspected by the Mine Safety and HealthAdministration not less frequently than once per year. Additional inspectionsof such mineral mines shall be made when deemed appropriate by the Directorbased on an evaluation of risks at the mines, or if requested by minersemployed at a mine or the licensed operator of a mine.

B. The Director shall not conduct inspections of surface mineral mines whichare inspected by the Mine Safety and Health Administration; however, mineinspectors and other employees of the Department may enter such mines inorder to (i) respond to complaints of violations of this chapter and Chapters14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.), (ii) respondto and investigate any serious personal injury or fatality, and (iii) withthe consent of the licensed operator, conduct training programs.

C. The Director shall determine whether a surface mineral mine is inspectedby the Mine Safety and Health Administration. The Director shall make suchdetermination based on information provided by the Mine Safety and HealthAdministration and Department records. The Director shall requestrepresentatives of the Mine Safety and Health Administration to serve withDepartment personnel on a joint committee of cooperation. The committee shallinclude the Director of the Division of Mineral Mining and such additionalDivision employees as the Director shall designate. The committee shall meetnot less than twice annually at the call of the Director for the purpose offacilitating communication and resolving discrepancies regarding theinspection responsibilities of the state and federal agencies with respect tosurface mineral mines in the Commonwealth.

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