A. For the purpose of allocating the resources of the Department to be used for conducting additional inspections, the Department shall develop a procedural policy of scheduling such inspections based on an assessment, to be made at least annually, of the comparative risks at each underground coal mine and surface coal mine. The Department shall prepare its procedural policy with the assistance of working groups consisting of persons knowledgeable in mine safety issues. The issuance of the procedural 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, including regulations adopted by the Department or the Board of Coal Mining Examiners, at the mine; and (iii) the frequency rates for nonserious accidents or nonfatal days lost.
B. The Chief shall schedule additional inspections at underground coal mines and surface coal mines based on the rating assigned to a mine reflecting the assessment of its risks compared to other such mines pursuant to the assessment described in subsection A.
1994, c. 28, § 45.1-161.82; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 5 - Coal Mine Safety Act
§ 45.2-500. Coal Mine Safety Act
§ 45.2-503. Special safety rules
§ 45.2-504. Age requirement to work in mines
§ 45.2-505. Prohibited acts by miners or other persons; miners to comply with law
§ 45.2-506. Safety materials and supplies
§ 45.2-507. Notifying miners of violations; compliance with Act
§ 45.2-508. Appointment of Chief
§ 45.2-509. Qualification of Chief
§ 45.2-511. Appointment and general qualifications of mine inspectors
§ 45.2-512. Qualifications of coal mine inspectors
§ 45.2-513. Duties of the Chief; penalty
§ 45.2-514. Technical specialists
§ 45.2-515. Board of Coal Mining Examiners; purpose
§ 45.2-516. Board membership; terms; meetings
§ 45.2-517. Board compensation; expenses
§ 45.2-518. Records of the Board
§ 45.2-519. Nominations for the Board
§ 45.2-520. Certification of certain persons employed in coal mines; powers and duties of the Board
§ 45.2-521. Examinations required for Coal Mining Certifications
§ 45.2-522. Performance of certain tasks by uncertified persons; penalty
§ 45.2-523. Coal Mining Examiners' Fund
§ 45.2-525. Replacement of lost or destroyed certificates
§ 45.2-526. Reciprocal acceptances of other certifications
§ 45.2-527. Continuing education requirements
§ 45.2-528. Board action; suspend, revoke, or take other action
§ 45.2-530. General coal miner certification
§ 45.2-531. First-class mine foreman certification
§ 45.2-532. Surface foreman certification
§ 45.2-533. Chief electrician certification
§ 45.2-534. Top person certification
§ 45.2-535. License required for operation of a coal mine; term
§ 45.2-536. Coal Mine Operator License Fund
§ 45.2-537. Application for license for the operation of a coal mine
§ 45.2-538. Denial or revocation of license for the operation of a coal mine
§ 45.2-539. Operating without license; penalty
§ 45.2-540. Annual reports; condition to issuance of license following transfer of ownership
§ 45.2-543. When the Chief may cause maps to be made; payment by operator
§ 45.2-544. Making false statements; penalty
§ 45.2-545. Mine rescue and first aid stations
§ 45.2-547. Duty to train teams
§ 45.2-548. Qualification for team membership; direction of teams
§ 45.2-550. Requirements of recovery work
§ 45.2-551. State-designated mine rescue teams
§ 45.2-553. Inspections; Mine Rescue Coordinator
§ 45.2-554. Workers' compensation; liability
§ 45.2-555. Reports of explosions and mine fires; procedure
§ 45.2-556. Operators' reports of accidents; investigations; reports by Department
§ 45.2-557. Reports of other accidents and injuries
§ 45.2-558. Duties of mine inspectors
§ 45.2-559. Frequency of mine inspections
§ 45.2-560. Evaluation of risks at mines
§ 45.2-561. Review of inspection reports and records
§ 45.2-562. Advance notice of inspections; confidentiality of trade secrets
§ 45.2-563. Scheduling of mine inspections
§ 45.2-565. Duties of operator
§ 45.2-566. Duties of inspectors
§ 45.2-567. Inspection reports
§ 45.2-568. Notices of violations
§ 45.2-570. Tolling of time for abating violations
§ 45.2-572. Violations; penalty
§ 45.2-573. Prosecution of violations
§ 45.2-575. Reports of violations
§ 45.2-576. Virginia Coal Mine Safety Board; purpose
§ 45.2-577. Membership; terms; compensation; quorum; meetings
§ 45.2-578. Powers and duties of the Virginia Coal Mine Safety Board