A. No miner or other person shall smoke or carry or possess underground any smoker's articles or any match, lighter, or similar material generally used for igniting smoker's articles. Violation of this subsection is a Class 6 felony.
B. Each operator shall institute a smoker search program, approved by the Chief, to ensure that no person entering the underground area of the mine carries any smoking material, match, or lighter.
C. Any person entering or present in any underground area of a coal mine shall, by his entry into such underground area of the mine, be subject to a search of his person, including any personal property that is in any underground area of the mine at any time he is underground. Such search shall be conducted at the direction of the Chief by employees of the Department. It shall be limited in scope to the person and property of the person present underground at the time of the search and shall be for the purpose of enforcing the provisions of this section.
D. This section shall not prohibit the possession of equipment used solely for the operation of a flame safety lamp or for welding or cutting.
1993, c. 389, § 45.1-98.1; 1994, c. 28, § 45.1-161.177; 1995, c. 569; 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