A. Any hazardous condition found by the mine foreman or another certified person designated by the operator for the purpose of conducting examinations under this article shall be (i) corrected immediately or (ii) posted with conspicuous danger signs until the condition is corrected. If the hazardous condition creates an imminent danger, all persons except those required to perform work to correct the imminent danger shall be withdrawn from the affected area. The hazardous condition and the corrective actions taken shall be recorded in a book maintained for such purpose on the surface at the mine. The record shall be made by the completion of the shift on which the hazardous condition is found.
B. Upon completing the pre-shift examination, the mine foreman shall return to the surface or a designated station underground and report in person to an authorized person before any other miner enters the mine. Immediately upon reaching the surface, the mine foreman shall record in ink or indelible pencil the result of his inspection in a book maintained for such purpose on the surface at the mine.
C. At the completion of any shift during which a portion of a weekly examination is made, a record of each hazardous condition, its location, the corrective action taken, and the result and location of each air and methane measurement shall be made. Such record shall be made by the mine foreman making the examination or another certified person designated by the operator. If the record is made by a person other than the one making the examination, the person making the examination shall verify the record by initials and date.
D. The actual level of methane detected in any examination shall be recorded in the book.
E. A mine foreman or other certified person conducting a required examination shall record the results of his examination in ink or indelible pencil in a book maintained for such purpose on the surface at the mine. Similar records may be kept at designated stations or offices underground.
F. Records shall be countersigned by the supervisor of the examiner creating the records. Where such records disclose a hazardous condition, the countersigning of the records shall be performed no later than the end of the next regularly scheduled working shift following the shift for which the examination records were completed, and the person countersigning shall ensure that actions to eliminate or control each hazardous condition have been taken. Where such records disclose no hazardous condition, the countersigning may be completed within 24 hours following the end of the shift for which the examination records were completed. The operator may authorize another person who possesses authority equivalent to that of the supervisor to act in the supervisor's temporary absence to read and countersign the records and ensure that action is taken to eliminate each hazardous condition disclosed in the records.
G. All records of examination shall be open for inspection by interested persons and maintained at the mine site for a minimum of one year.
Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, § 45.1-65; 1978, c. 120; 1994, c. 28, § 45.1-161.212; 2005, c. 3; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 8 - Requirements Applicable to Underground Coal Mines; Electricity, Safety, Etc
§ 45.2-800. Face and other equipment
§ 45.2-801. Shop and other equipment
§ 45.2-803. Surface electrical installations
§ 45.2-804. Surface transformers
§ 45.2-805. Underground transformers
§ 45.2-806. Stations and substations
§ 45.2-808. Trolley wires and feeder wires
§ 45.2-810. Circuit breakers and switches
§ 45.2-811. Communication systems
§ 45.2-812. Electrical equipment
§ 45.2-814. Inspection of electrical equipment and wiring; checking and testing methane monitors
§ 45.2-815. Repairs to circuits and electric equipment
§ 45.2-816. Underground illumination
§ 45.2-817. Inspection of electric illumination equipment
§ 45.2-818. Firefighting equipment; fire prevention
§ 45.2-819. Duties in case of fire
§ 45.2-820. Emergency response plans; list of next of kin
§ 45.2-821. Reporting fires; response
§ 45.2-822. Fire prevention in transportation of mining equipment
§ 45.2-823. Storage and use of flammable fluids and materials
§ 45.2-824. Diesel-powered equipment
§ 45.2-825. Arcs, sparks, and flames
§ 45.2-826. Pre-shift examinations
§ 45.2-827. on-shift examinations
§ 45.2-828. Weekly examinations
§ 45.2-829. Examinations of fans
§ 45.2-830. Record of examinations
§ 45.2-831. Notice of hazardous conditions
§ 45.2-832. Notice of monitor tampering prohibition
§ 45.2-839. Actions for excessive methane
§ 45.2-841. Permanent stoppings
§ 45.2-842. Ventilation controls
§ 45.2-844. Ventilation with air from certain areas
§ 45.2-847. Examination of mine for explosive gas and other hazardous conditions
§ 45.2-848. Tampering with methane monitoring devices prohibited; penalty
§ 45.2-850. Intentionally bypassing a safety device; prohibition
§ 45.2-851. Control of coal dust
§ 45.2-853. Checking system; tracking system
§ 45.2-854. Protective clothing
§ 45.2-855. Noise levels and ear protection
§ 45.2-856. Smoking materials prohibited; penalty
§ 45.2-857. Allowing persons to work in a mine with smoker's articles; penalty
§ 45.2-859. Smoking in surface and other areas
§ 45.2-860. Portable illumination
§ 45.2-861. First aid equipment