{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1149.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1149.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1149.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1149.html"}],"law_id":79721,"edition_id":1,"section_id":79721,"structure_id":13619,"section_number":"45.2-1149","catch_line":" Evaluation of risks at mines","history":"1997, c. 390, \u00a7 45.1-161.292:55; 1998, c. 695; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nFor 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\n\nThe 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.","order_by":null,"text":{"0":{"id":285684,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285685,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13619,"edition_id":1,"name":"Mine Inspections","identifier":"7","label":"article","depth":5,"order_by":1,"parent_id":12951,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":224319,"object_type":"structure","relational_id":13619,"identifier":"7","token":"45.2\/III\/A\/11\/7","url":"\/45.2\/III\/A\/11\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12951,"edition_id":1,"name":"Mineral Mine Safety Act","identifier":"11","label":"chapter","depth":4,"order_by":1,"parent_id":12950,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224113,"object_type":"structure","relational_id":12951,"identifier":"11","token":"45.2\/III\/A\/11","url":"\/45.2\/III\/A\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12950,"edition_id":1,"name":"Mineral Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12949,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224111,"object_type":"structure","relational_id":12950,"identifier":"A","token":"45.2\/III\/A","url":"\/45.2\/III\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12949,"edition_id":1,"name":"Mineral Mines","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224109,"object_type":"structure","relational_id":12949,"identifier":"III","token":"45.2\/III","url":"\/45.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80286,"structure_id":13619,"section_number":"45.2-1148","catch_line":" Frequency of mine inspections","url":"\/45.2-1148\/","token":"45.2\/III\/A\/11\/7\/45.2-1148","metadata":false},{"id":79721,"structure_id":13619,"section_number":"45.2-1149","catch_line":" Evaluation of risks at mines","url":"\/45.2-1149\/","token":"45.2\/III\/A\/11\/7\/45.2-1149","metadata":false},{"id":60821,"structure_id":13619,"section_number":"45.2-1150","catch_line":" Review of inspection reports and records","url":"\/45.2-1150\/","token":"45.2\/III\/A\/11\/7\/45.2-1150","metadata":false},{"id":55914,"structure_id":13619,"section_number":"45.2-1151","catch_line":" Advance notice of inspections; confidentiality of trade secrets","url":"\/45.2-1151\/","token":"45.2\/III\/A\/11\/7\/45.2-1151","metadata":false},{"id":62683,"structure_id":13619,"section_number":"45.2-1152","catch_line":" Scheduling of mine inspections","url":"\/45.2-1152\/","token":"45.2\/III\/A\/11\/7\/45.2-1152","metadata":false},{"id":54585,"structure_id":13619,"section_number":"45.2-1153","catch_line":" Denial of entry","url":"\/45.2-1153\/","token":"45.2\/III\/A\/11\/7\/45.2-1153","metadata":false},{"id":75543,"structure_id":13619,"section_number":"45.2-1154","catch_line":" Duties of operator","url":"\/45.2-1154\/","token":"45.2\/III\/A\/11\/7\/45.2-1154","metadata":false},{"id":72100,"structure_id":13619,"section_number":"45.2-1155","catch_line":" Duties of inspectors","url":"\/45.2-1155\/","token":"45.2\/III\/A\/11\/7\/45.2-1155","metadata":false},{"id":65966,"structure_id":13619,"section_number":"45.2-1156","catch_line":" Certificates of inspection","url":"\/45.2-1156\/","token":"45.2\/III\/A\/11\/7\/45.2-1156","metadata":false}],"previous_section":{"id":80286,"structure_id":13619,"section_number":"45.2-1148","catch_line":" Frequency of mine inspections","url":"\/45.2-1148\/","token":"45.2\/III\/A\/11\/7\/45.2-1148","metadata":false},"next_section":{"id":60821,"structure_id":13619,"section_number":"45.2-1150","catch_line":" Review of inspection reports and records","url":"\/45.2-1150\/","token":"45.2\/III\/A\/11\/7\/45.2-1150","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1149\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 390<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1998, chapter 695<\/a>.<\/p>","references":false,"refers_to":[{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"}],"permalink":{"id":224325,"object_type":"law","relational_id":79721,"identifier":"45.2-1149","token":"45.2\/III\/A\/11\/7\/45.2-1149","url":"\/45.2-1149\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1149\/","token":"45.2\/III\/A\/11\/7\/45.2-1149","dublin_core":{"Title":" Evaluation of risks at mines","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1149","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purpose of allocating the resources of the Department<\/span> that are to be used for conducting additional inspections, the Department<\/span> 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<\/span>. The issuance of such policy shall be exempt from Article 2 (§ 2.2-4006<\/a> 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<\/span> and notices of violations of the mine safety laws<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n EVALUATION OF RISKS AT MINES (\u00a7 45.2-1149)\n\nA. For the purpose of allocating the resources of the Department that are to be\nused for conducting additional inspections, the Department shall develop a\nprocedural policy for scheduling such inspections based on an assessment, to be\nmade at least annually, of the comparative risks at each underground mineral\nmine and at any surface mineral mine that is not inspected by MSHA. Such policy\nshall be prepared with the assistance of working groups consisting of persons\nknowledgeable in mine safety issues. The issuance of such policy shall be exempt\nfrom Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.\nVariables that shall be included in the risk assessment measures include (i)\nfatality and serious accident rates at the mine, (ii) the rates of issuance of\nclosure orders and notices of violations of the mine safety laws of the\nCommonwealth at the mine, and (iii) the frequency rates for nonserious accidents\nor nonfatal days lost. Risk assessments shall be developed for both independent\ncontractors and individual mine sites.\n\nB. The Director shall schedule additional inspections at each underground\nmineral mine, and at each surface mineral mine that is not inspected by MSHA,\nbased on the rating assigned to it reflecting the assessment of its risks\ncompared to other such mines in the Commonwealth.\n\nHISTORY: 1997, c. 390, \u00a7 45.1-161.292:55; 1998, c. 695; 2021, Sp. Sess. I, c.\n387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}