A. The Director shall conduct a complete inspection of each underground mineral mine at least every 180 days, and of any surface mineral mine that is not inspected by MSHA at least once per year. An additional inspection of such mineral mine shall be made when deemed appropriate by the Director based on an evaluation of risks at such mine or if requested by miners employed at a mine or the licensed operator of a mine.
B. The Director shall not conduct an inspection of a surface mineral mine that is inspected by MSHA; however, a mine inspector or other employee of the Department may enter such mine in order to (i) respond to a complaint of a violation of the Act; (ii) respond to and investigate any serious personal injury or death; and (iii) with the consent of the licensed operator, conduct training programs.
C. The Director shall determine whether a particular surface mineral mine is inspected by MSHA. The Director shall make such determination based on information provided by MSHA and Department records.
D. The Director shall request representatives of MSHA to serve with Department personnel on a joint committee of cooperation. The committee shall include the Director of the Division and such additional Division employees as the Director designates. The committee shall meet at least twice annually at the call of the Director for the purpose of facilitating communication and resolving discrepancies regarding the inspection responsibilities of state and federal agencies with respect to surface mineral mines in the Commonwealth.
1997, c. 390, § 45.1-161.292:54; 1998, c. 695; 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