45.1-161.294 - Regulations governing conditions and practices at underground mineral mines.

§ 45.1-161.294. Regulations governing conditions and practices at undergroundmineral mines.

A. The Director shall promulgate rules and regulations, in accordance withthe provisions of Article 2 (§ 2.2-4006 et seq.) of the AdministrativeProcess Act, necessary to ensure the safety and health of miners and otherpersons and property at underground mineral mines in the Commonwealth.Nothing in this section shall restrict the Director from promulgatingregulations more stringent than regulations promulgated pursuant to thefederal mine safety law. Such rules and regulations applicable to undergroundmineral mines shall establish requirements:

1. For protecting miners from general risks found at underground mineralmines and mining;

2. For the provision and use of personal protection equipment and devices forthe head, feet, hands, and body;

3. For the maintenance, operation, storage, and transportation of mechanicalor electrical equipment, devices, and machinery used in the undergroundmining of minerals;

4. For controlling unstable roof, rib, wall and other ground conditions;

5. For the handling and storage of combustible materials, includingrequirements for emergency plans, fire fighting and emergency rescue, fireprevention and safety features on mine equipment, fire safety in minestructures and other areas, and other flame and spark hazards;

6. For the control of exposure to airborne contaminants and excessive noiselevels;

7. For adequate air quality through ventilation and other appropriatemeasures;

8. For the safe storage, transportation, and use of explosive and blastingdevices;

9. For the safe design, operation, maintenance, and inspection of drillingequipment;

10. For the construction, installation, maintenance, use and inspection ofboilers, air compressors, and compressed gas systems;

11. For the safe design, use, maintenance, and inspection of passageways,walkways, ladders, and other travel ways;

12. For the safe design, operation, maintenance, and inspection of electricalequipment and systems;

13. For the storage, transportation, and handling of materials, includingcorrosive and hazardous substances;

14. For the safe design, use, maintenance, and inspection of guards on movingparts of equipment and machinery;

15. For the safe design and operation of chutes;

16. For the inspection, maintenance, safe design, and operation of hoistingequipment and cables;

17. For the inspection, maintenance, and construction of mine shafts;

18. For the actions of certified and competent persons; and

19. For the safe design, operation, maintenance, and inspection of, and theconduct of mining activities at, surface areas of underground mineral mines.

B. The Director shall not promulgate any regulations relating to undergroundmineral mines which are inconsistent with requirements established by theAct, or which, when an operator takes action to comply with the provisions ofsuch regulation, would place the operator in violation of the federal minesafety law.

(1994, c. 28; 1996, c. 774; 1998, c. 695.)