{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-560.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-560.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-560.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-560.html"}],"law_id":70826,"edition_id":1,"section_id":70826,"structure_id":15163,"section_number":"45.2-560","catch_line":" Evaluation of risks at mines","history":"1994, c. 28, \u00a7 45.1-161.82; 1997, c. 390; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nFor 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 (&#xA7; 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\n\nThe 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.","order_by":null,"text":{"0":{"id":255410,"text":"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 (&#xA7; 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255411,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15163,"edition_id":1,"name":"Mine Inspections","identifier":"7","label":"article","depth":5,"order_by":1,"parent_id":13785,"metadata":{},"date_created":"2026-06-26 03:52:37","date_modified":"2026-06-26 03:52:37","permalink":{"id":222915,"object_type":"structure","relational_id":15163,"identifier":"7","token":"45.2\/II\/A\/5\/7","url":"\/45.2\/II\/A\/5\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13785,"edition_id":1,"name":"Coal Mine Safety Act","identifier":"5","label":"chapter","depth":4,"order_by":1,"parent_id":13784,"metadata":{},"date_created":"2026-06-26 03:45:52","date_modified":"2026-06-26 03:45:52","permalink":{"id":222651,"object_type":"structure","relational_id":13785,"identifier":"5","token":"45.2\/II\/A\/5","url":"\/45.2\/II\/A\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13784,"edition_id":1,"name":"Coal Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:52","date_modified":"2026-06-26 03:45:52","permalink":{"id":222649,"object_type":"structure","relational_id":13784,"identifier":"A","token":"45.2\/II\/A","url":"\/45.2\/II\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","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":57752,"structure_id":15163,"section_number":"45.2-559","catch_line":" Frequency of mine inspections","url":"\/45.2-559\/","token":"45.2\/II\/A\/5\/7\/45.2-559","metadata":false},{"id":70826,"structure_id":15163,"section_number":"45.2-560","catch_line":" Evaluation of risks at mines","url":"\/45.2-560\/","token":"45.2\/II\/A\/5\/7\/45.2-560","metadata":false},{"id":84123,"structure_id":15163,"section_number":"45.2-561","catch_line":" Review of inspection reports and records","url":"\/45.2-561\/","token":"45.2\/II\/A\/5\/7\/45.2-561","metadata":false},{"id":84860,"structure_id":15163,"section_number":"45.2-562","catch_line":" Advance notice of inspections; confidentiality of trade secrets","url":"\/45.2-562\/","token":"45.2\/II\/A\/5\/7\/45.2-562","metadata":false},{"id":76309,"structure_id":15163,"section_number":"45.2-563","catch_line":" Scheduling of mine inspections","url":"\/45.2-563\/","token":"45.2\/II\/A\/5\/7\/45.2-563","metadata":false},{"id":62562,"structure_id":15163,"section_number":"45.2-564","catch_line":" Denial of entry","url":"\/45.2-564\/","token":"45.2\/II\/A\/5\/7\/45.2-564","metadata":false},{"id":60105,"structure_id":15163,"section_number":"45.2-565","catch_line":" Duties of operator","url":"\/45.2-565\/","token":"45.2\/II\/A\/5\/7\/45.2-565","metadata":false},{"id":83091,"structure_id":15163,"section_number":"45.2-566","catch_line":" Duties of inspectors","url":"\/45.2-566\/","token":"45.2\/II\/A\/5\/7\/45.2-566","metadata":false},{"id":73378,"structure_id":15163,"section_number":"45.2-567","catch_line":" Inspection reports","url":"\/45.2-567\/","token":"45.2\/II\/A\/5\/7\/45.2-567","metadata":false}],"previous_section":{"id":57752,"structure_id":15163,"section_number":"45.2-559","catch_line":" Frequency of mine inspections","url":"\/45.2-559\/","token":"45.2\/II\/A\/5\/7\/45.2-559","metadata":false},"next_section":{"id":84123,"structure_id":15163,"section_number":"45.2-561","catch_line":" Review of inspection reports and records","url":"\/45.2-561\/","token":"45.2\/II\/A\/5\/7\/45.2-561","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-560\/","history_text":"<p>This law was first created in 1994. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0028\">28<\/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 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0390\">390<\/a>.<\/p>","references":[{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"}],"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":222921,"object_type":"law","relational_id":70826,"identifier":"45.2-560","token":"45.2\/II\/A\/5\/7\/45.2-560","url":"\/45.2-560\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-560\/","token":"45.2\/II\/A\/5\/7\/45.2-560","dublin_core":{"Title":" Evaluation of risks at mines","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-560","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For the purpose of allocating the resources of the <span class=\"dictionary\">Department<\/span> to be used for conducting additional inspections, the <span class=\"dictionary\">Department<\/span> 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 <span class=\"dictionary\">Department<\/span> shall prepare its procedural policy with the assistance of working groups consisting of persons knowledgeable in mine safety <span class=\"dictionary\">issues<\/span>. The issuance of the procedural policy shall be exempt from Article 2 (&#xA7; <a class=\"law\" title=\"Exemptions from requirements of this article\" href=\"\/2.2-4006\/\">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 <span class=\"dictionary\">orders<\/span> and notices of violations of the mine safety <span class=\"dictionary\">laws<\/span> of the Commonwealth, including regulations adopted by the <span class=\"dictionary\">Department<\/span> or the Board of Coal Mining Examiners, at the mine; and (iii) the frequency rates for nonserious accidents or nonfatal days lost. <a id=\"paragraph-255410\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-560\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Chief<\/span> 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. <a id=\"paragraph-255411\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-560\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n EVALUATION OF RISKS AT MINES (\u00a7 45.2-560)\n\nA. For the purpose of allocating the resources of the Department to be used for\nconducting additional inspections, the Department shall develop a procedural\npolicy of scheduling such inspections based on an assessment, to be made at\nleast annually, of the comparative risks at each underground coal mine and\nsurface coal mine. The Department shall prepare its procedural policy with the\nassistance of working groups consisting of persons knowledgeable in mine safety\nissues. The issuance of the procedural policy shall be exempt from Article 2\n(&#xA7; 2.2-4006 et seq.) of the Administrative Process Act. Variables that\nshall be included in the risk assessment measures include: (i) fatality and\nserious accident rates at the mine; (ii) the rates of issuance of closure orders\nand notices of violations of the mine safety laws of the Commonwealth, including\nregulations adopted by the Department or the Board of Coal Mining Examiners, at\nthe mine; and (iii) the frequency rates for nonserious accidents or nonfatal\ndays lost.\n\nB. The Chief shall schedule additional inspections at underground coal mines and\nsurface coal mines based on the rating assigned to a mine reflecting the\nassessment of its risks compared to other such mines pursuant to the assessment\ndescribed in subsection A.\n\nHISTORY: 1994, c. 28, \u00a7 45.1-161.82; 1997, c. 390; 2021, Sp. Sess. I, c. 387.","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}}