45.1-161.28 - Certification of certain persons employed in coal mines; powers of Board of Coal Mining Examiners.

§ 45.1-161.28. Certification of certain persons employed in coal mines;powers of Board of Coal Mining Examiners.

A. The Board of Coal Mining Examiners may require certification of personswho work in coal mines and persons whose duties and responsibilities inrelation to coal mining require competency, skill or knowledge in order toperform consistently with the health and safety of persons and property. Thefollowing certifications shall be issued by the Board, and a person holdingsuch certification shall be authorized to perform the tasks which this Act orany regulation promulgated by the Board or by the Department requires to beperformed by such a certified person:

1. First class mine foreman;

2. First class shaft or slope foreman;

3. Surface foreman;

4. Preparation plant foreman;

5. Electrical maintenance foreman;

6. Dock foreman;

7. Top person;

8. Underground shot firer;

9. Surface blaster;

10. Hoisting engineer;

11. Electrical repairman;

12. Automatic elevator operator;

13. Mine inspector;

14. Qualified gas detector;

15. Diesel engine mechanic;

16. Diesel engine mechanic instructor;

17. First aid instructor;

18. Advanced first aid;

19. Chief electrician; and

20. General coal miner.

B. Certification shall also be required for such additional tasks as theBoard may require by regulation.

C. The Board shall have the power to promulgate regulations necessary orincidental to the performance of duties or execution of powers conferredunder this title, which regulations shall be promulgated in accordance withthe provisions of Article 2 (§ 2.2-4006 et seq.) of the AdministrativeProcess Act.

D. The Board is authorized to promulgate regulations establishing guidelinesfor on-site examinations of mine foremen conducted by mine inspectorspursuant to § 45.1-161.35.

(Code 1950, §§ 45-23, 45-28, 45-31, 45-33.1; 1954, c. 191; 1966, c. 594, §§45.1-12, 45.1-14; 1972, c. 784; 1978, c. 729; 1980, c. 442; 1984, c. 237;1993, c. 442; 1994, c. 28.)