A. At any mineral mine where three or more persons work at the same time during any part of a 24-hour period, the licensed operator or independent contractor engaged in the extraction or processing of minerals shall employ a mine foreman. Only a person holding a foreman certificate in accordance with § 45.2-1114 shall be employed as a mine foreman. The holder of such a certificate shall present the certificate, or a copy thereof, to the operator where he is employed. Such operator shall file the certificate or its copy in the office at the mine and make it available for inspection by interested persons.
B. Every applicant for a foreman certificate shall have at least five years of experience at mineral mining, or other experience deemed appropriate by the Department, and shall demonstrate to the Department a thorough knowledge of the theory and practice of mineral mining by making a score of 85 percent or more on the written examination. In addition, each applicant shall pass an examination in first aid approved by the Department.
C. The certified mine foreman at each mine shall examine all active workings at the beginning of each shift. Any hazard or unsafe condition shall be corrected before any miner starts work in the affected area.
D. Any independent contractor working in a mineral mine who is engaged in an activity other than the extraction or processing of minerals and is working in a clearly demarcated area where (i) no mining-associated hazard exists and (ii) no other miner travels or works while engaged in an extraction or processing activity shall employ a competent person to examine the work area of the contractor at the beginning of each shift. Any hazard or unsafe condition shall be corrected prior to any person starting work in the affected area.
1997, c. 390, § 45.1-161.292:29; 1998, c. 695; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 11 - Mineral Mine Safety Act
§ 45.2-1100. Mineral Mine Safety Act
§ 45.2-1102. Safety and health
§ 45.2-1103. Special safety rules
§ 45.2-1104. Persons permitted to work in mines; age requirements
§ 45.2-1105. Prohibited acts by miners or other persons; miners to comply with law
§ 45.2-1106. Safety materials and supplies
§ 45.2-1107. Notifying miners of violations; compliance with Act
§ 45.2-1109. Appointment and general qualifications of mine inspectors
§ 45.2-1110. Qualifications of mine inspectors
§ 45.2-1111. Duties of Director
§ 45.2-1112. Technical specialists
§ 45.2-1113. Records of Board of Mineral Mining Examiners
§ 45.2-1114. Certification of certain persons employed in mineral mines; powers of the Department
§ 45.2-1115. Examinations required for Mineral Mining Certifications
§ 45.2-1116. Performance of certain tasks by uncertified persons; penalty
§ 45.2-1117. Examination fees; Mineral Mining Examiners' Fund
§ 45.2-1118. Reciprocal acceptance of other certifications
§ 45.2-1119. Renewal of certificates
§ 45.2-1120. Revocation of certificates
§ 45.2-1122. General mineral miner certification
§ 45.2-1123. Foreman certification
§ 45.2-1124. License required for operation of mineral mines; term
§ 45.2-1126. Application for license
§ 45.2-1127. Denial or revocation of license
§ 45.2-1128. Operating without license; penalty
§ 45.2-1129. Annual reports; condition to issuance of license following transfer of ownership
§ 45.2-1130. Notices to Department; resumption of mining following discontinuance
§ 45.2-1132. When the Director may cause maps to be made; payment of expense
§ 45.2-1133. Making false statements; penalty
§ 45.2-1134. Mine rescue and first aid stations
§ 45.2-1135. Mine rescue teams
§ 45.2-1136. Duty to train team
§ 45.2-1137. Qualification for team membership; direction of teams
§ 45.2-1139. Requirements of recovery work
§ 45.2-1140. State-designated mine rescue teams
§ 45.2-1142. Inspections; Mine Rescue Coordinator
§ 45.2-1143. Workers' compensation; liability
§ 45.2-1144. Reports of explosions and mine fires; procedure
§ 45.2-1145. Operators' reports of accidents; investigations; reports by Department
§ 45.2-1146. Reports of other accidents and injuries
§ 45.2-1147. Duties of mine inspectors
§ 45.2-1148. Frequency of mine inspections
§ 45.2-1149. Evaluation of risks at mines
§ 45.2-1150. Review of inspection reports and records
§ 45.2-1151. Advance notice of inspections; confidentiality of trade secrets
§ 45.2-1152. Scheduling of mine inspections
§ 45.2-1154. Duties of operator
§ 45.2-1155. Duties of inspectors
§ 45.2-1156. Certificates of inspection
§ 45.2-1157. Notices of violations
§ 45.2-1159. Tolling of time for abating violations
§ 45.2-1160. Injunctive relief
§ 45.2-1161. Violations; penalties
§ 45.2-1162. Prosecution of violations
§ 45.2-1164. Reports of violations
§ 45.2-1165. Training programs