A. For the purpose of allocating the resources of the Department that are to be used for conducting additional inspections, the Department shall develop a procedural policy for scheduling such inspections based on an assessment, to be made at least annually, of the comparative risks at each underground mineral mine and at any surface mineral mine that is not inspected by MSHA. Such policy shall be prepared with the assistance of working groups consisting of persons knowledgeable in mine safety issues. The issuance of such policy shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Variables that shall be included in the risk assessment measures include (i) fatality and serious accident rates at the mine, (ii) the rates of issuance of closure orders and notices of violations of the mine safety laws of the Commonwealth at the mine, and (iii) the frequency rates for nonserious accidents or nonfatal days lost. Risk assessments shall be developed for both independent contractors and individual mine sites.
B. The Director shall schedule additional inspections at each underground mineral mine, and at each surface mineral mine that is not inspected by MSHA, based on the rating assigned to it reflecting the assessment of its risks compared to other such mines in the Commonwealth.
1997, c. 390, § 45.1-161.292:55; 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