§ 45.2-856 Smoking materials prohibited; penalty
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.
History
This law was first created in 1993. The record of its establishment is cataloged in chapter 389 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 “Acts” aren’t available online. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 28; in 1995, chapter 569.
1993, c. 389, § 45.1-98.1; 1994, c. 28, § 45.1-161.177; 1995, c. 569; 2021, Sp. Sess. I, c. 387.