{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-565.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-565.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-565.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-565.html"}],"law_id":60105,"edition_id":1,"section_id":60105,"structure_id":15163,"section_number":"45.2-565","catch_line":" Duties of operator","history":"Code 1950, \u00a7\u00a7 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, \u00a7 45.1-21; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28, \u00a7 45.1-161.87; 1999, c. 256; 2007, cc. 894, 914; 2010, cc. 809, 857; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe operator or his agent of each mine shall furnish the Chief and any mine inspector proper facilities for entering such mine and making examinations or obtaining information and shall furnish any data or information not of a confidential nature requested by such inspector or the Chief.B\n\nThe operator of an underground coal mine or his agent shall provide a mine inspector or the Chief adequate means for transportation to the active working areas of the mine within a reasonable period of time following the mine inspector’s arrival at the mine.C\n\nThe operator or his agent shall, when ordered to do so by a mine inspector or the Chief during the course of his inspection, promptly clear the mine or a section thereof of all persons.D\n\nThe mine operator shall implement a substance abuse screening policy and program for all miners that shall, at a minimum, include:1\n\nA pre-employment, 10-panel urine test for the following and any other substances as set out in regulation adopted by the Board of Coal Mining Examiners:\n\t\t\t\ta. Amphetamines;\n\t\t\t\tb. Cannabinoids\/THC;\n\t\t\t\tc. Cocaine;\n\t\t\t\td. Opiates;\n\t\t\t\te. Phencyclidine (PCP);\n\t\t\t\tf. Benzodiazepines;\n\t\t\t\tg. Propoxyphene;\n\t\t\t\th. Methadone;\n\t\t\t\ti. Barbiturates; and\n\t\t\t\tj. Synthetic narcotics.\n\t\t\t\tSamples shall be collected by providers who are certified as complying with standards and procedures set out in the U.S. Department of Transportation’s rule, 49 C.F.R. Part 40. Collected samples shall be tested by laboratories certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the U.S. Department of Health and Human Services for collection and testing. The mine operator may implement a more stringent substance abuse screening policy and program; and2\n\nThe review of the substance abuse screening program with each miner at the time of employment and annually thereafter.E\n\nThe operator or his agent shall notify the Chief, on a form prescribed by the Chief, within seven days of any failure of a pre-employment substance abuse screening test and shall provide a record of the test showing such failure or violation. Notice shall result in the immediate temporary suspension of all certificates held by the applicant, pending a hearing before the Board of Coal Mining Examiners.F\n\nThe operator or his agent shall notify the Chief, on a form prescribed by the Chief, within seven days of (i) discharging a miner due to violation of the company’s substance or alcohol abuse policies, (ii) a miner testing positive for intoxication while on duty status, or (iii) a miner testing positive as using any controlled substance without the prescription of a licensed prescriber. An operator that has a substance abuse program shall not be required to notify the Chief under clause (iii) unless the miner having tested positive fails to complete the operator’s substance abuse program. The notification shall be accompanied by a record of the test showing such positive results or violation. Notice shall result in the immediate temporary suspension of all certificates held by the applicant, pending a hearing before the Board of Coal Mining Examiners.G\n\nThe provisions of this chapter shall not be construed to preclude an employer from developing or maintaining a substance and alcohol abuse policy, testing program, or substance abuse program that exceeds the minimum requirements set forth in this section.","order_by":null,"text":{"0":{"id":219954,"text":"The operator or his agent of each mine shall furnish the Chief and any mine inspector proper facilities for entering such mine and making examinations or obtaining information and shall furnish any data or information not of a confidential nature requested by such inspector or the Chief.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":219955,"text":"The operator of an underground coal mine or his agent shall provide a mine inspector or the Chief adequate means for transportation to the active working areas of the mine within a reasonable period of time following the mine inspector’s arrival at the mine.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":219956,"text":"The operator or his agent shall, when ordered to do so by a mine inspector or the Chief during the course of his inspection, promptly clear the mine or a section thereof of all persons.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":219957,"text":"The mine operator shall implement a substance abuse screening policy and program for all miners that shall, at a minimum, include:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":219958,"text":"A pre-employment, 10-panel urine test for the following and any other substances as set out in regulation adopted by the Board of Coal Mining Examiners:\n\t\t\t\ta. Amphetamines;\n\t\t\t\tb. Cannabinoids\/THC;\n\t\t\t\tc. Cocaine;\n\t\t\t\td. Opiates;\n\t\t\t\te. Phencyclidine (PCP);\n\t\t\t\tf. Benzodiazepines;\n\t\t\t\tg. Propoxyphene;\n\t\t\t\th. Methadone;\n\t\t\t\ti. Barbiturates; and\n\t\t\t\tj. Synthetic narcotics.\n\t\t\t\tSamples shall be collected by providers who are certified as complying with standards and procedures set out in the U.S. Department of Transportation’s rule, 49 C.F.R. Part 40. Collected samples shall be tested by laboratories certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the U.S. Department of Health and Human Services for collection and testing. The mine operator may implement a more stringent substance abuse screening policy and program; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":219959,"text":"The review of the substance abuse screening program with each miner at the time of employment and annually thereafter.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":219960,"text":"The operator or his agent shall notify the Chief, on a form prescribed by the Chief, within seven days of any failure of a pre-employment substance abuse screening test and shall provide a record of the test showing such failure or violation. Notice shall result in the immediate temporary suspension of all certificates held by the applicant, pending a hearing before the Board of Coal Mining Examiners.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"7":{"id":219961,"text":"The operator or his agent shall notify the Chief, on a form prescribed by the Chief, within seven days of (i) discharging a miner due to violation of the company’s substance or alcohol abuse policies, (ii) a miner testing positive for intoxication while on duty status, or (iii) a miner testing positive as using any controlled substance without the prescription of a licensed prescriber. An operator that has a substance abuse program shall not be required to notify the Chief under clause (iii) unless the miner having tested positive fails to complete the operator’s substance abuse program. The notification shall be accompanied by a record of the test showing such positive results or violation. Notice shall result in the immediate temporary suspension of all certificates held by the applicant, pending a hearing before the Board of Coal Mining Examiners.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":219962,"text":"The provisions of this chapter shall not be construed to preclude an employer from developing or maintaining a substance and alcohol abuse policy, testing program, or substance abuse program that exceeds the minimum requirements set forth in this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-565\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. 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. Those modifications are as follows: in 1954, chapter 191; in 1966, chapter 594; in 1976, chapter 598; in 1978, chapters 222 and 489; in 1982, chapter 255; in 1984, chapters 178 and 590; in 1988, chapter 577; in 1993, chapters 171 and 442; in 1994, chapter 28<\/a>; in 1999, chapter 256<\/a>; in 2007, chapters 894<\/a> and 914<\/a>; in 2010, chapters 809<\/a> and 857<\/a>.<\/p>","references":[{"id":76187,"section_number":"45.2-528","catch_line":" Board action; suspend, revoke, or take other action","order_by":null,"url":"\/45.2-528\/"}],"refers_to":false,"permalink":{"id":222941,"object_type":"law","relational_id":60105,"identifier":"45.2-565","token":"45.2\/II\/A\/5\/7\/45.2-565","url":"\/45.2-565\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-565\/","token":"45.2\/II\/A\/5\/7\/45.2-565","dublin_core":{"Title":" Duties of operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-565","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The operator or his agent of each mine shall furnish the Chief<\/span> and any mine inspector proper facilities for entering such mine and making examinations or obtaining information and shall furnish any data or information not of a confidential nature requested by such inspector or the Chief<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The operator of an underground coal mine or his agent shall provide a mine inspector or the Chief<\/span> adequate means for transportation to the active working areas of the mine within a reasonable period of time following the mine inspector’s arrival at the mine. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The operator or his agent shall, when ordered to do so by a mine inspector or the Chief<\/span> during the course of his inspection, promptly clear the mine or a section thereof of all persons. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The mine operator shall implement a substance abuse screening policy and program for all miners that shall, at a minimum, include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A pre-employment, 10-panel<\/span> urine test for the following and any other substances as set out in regulation adopted by the Board of Coal Mining Examiners:\n\t\t\t\ta. Amphetamines;\n\t\t\t\tb. Cannabinoids\/THC;\n\t\t\t\tc. Cocaine;\n\t\t\t\td. Opiates;\n\t\t\t\te. Phencyclidine (PCP);\n\t\t\t\tf. Benzodiazepines;\n\t\t\t\tg. Propoxyphene;\n\t\t\t\th. Methadone;\n\t\t\t\ti. Barbiturates; and\n\t\t\t\tj. Synthetic narcotics.\n\t\t\t\tSamples shall be collected by providers who are certified as complying with standards and procedures set out in the U.S. Department<\/span> of Transportation’s rule, 49 C.F.R. Part 40. Collected samples shall be tested by laboratories certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the U.S. Department<\/span> of Health and Human Services for collection and testing. The mine operator may implement a more stringent substance abuse screening policy and program; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The review of the substance abuse screening program with each miner at the time of employment and annually thereafter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The operator or his agent shall notify the Chief<\/span>, on a form prescribed by the Chief<\/span>, within seven days of any failure of a pre-employment substance abuse screening test and shall provide a record of the test showing such failure or violation. Notice shall result in the immediate temporary suspension of all certificates held by the applicant, pending a hearing<\/span> before the Board of Coal Mining Examiners. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The operator or his agent shall notify the Chief<\/span>, on a form prescribed by the Chief<\/span>, within seven days of (i) discharging a miner due to violation of the company’s substance or alcohol abuse policies, (ii) a miner testing positive for intoxication while on duty status, or (iii) a miner testing positive as using any controlled substance without the prescription of a licensed prescriber. An operator that has a substance abuse program shall not be required to notify the Chief<\/span> under clause (iii) unless the miner having tested positive fails to complete the operator’s substance abuse program. The notification shall be accompanied by a record of the test showing such positive results or violation. Notice shall result in the immediate temporary suspension of all certificates held by the applicant, pending a hearing<\/span> before the Board of Coal Mining Examiners. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of this chapter shall not be construed to preclude an employer from developing or maintaining a substance and alcohol abuse policy, testing program, or substance abuse program that exceeds the minimum requirements set forth in this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DUTIES OF OPERATOR (\u00a7 45.2-565)\n\nA. The operator or his agent of each mine shall furnish the Chief and any mine\ninspector proper facilities for entering such mine and making examinations or\nobtaining information and shall furnish any data or information not of a\nconfidential nature requested by such inspector or the Chief.\n\nB. The operator of an underground coal mine or his agent shall provide a mine\ninspector or the Chief adequate means for transportation to the active working\nareas of the mine within a reasonable period of time following the mine\ninspector’s arrival at the mine.\n\nC. The operator or his agent shall, when ordered to do so by a mine inspector or\nthe Chief during the course of his inspection, promptly clear the mine or a\nsection thereof of all persons.\n\nD. The mine operator shall implement a substance abuse screening policy and\nprogram for all miners that shall, at a minimum, include:\n\n 1. A pre-employment, 10-panel urine test for the following and any other\n substances as set out in regulation adopted by the Board of Coal Mining\n Examiners:\n \t\t\t\ta. Amphetamines;\n \t\t\t\tb. Cannabinoids\/THC;\n \t\t\t\tc. Cocaine;\n \t\t\t\td. Opiates;\n \t\t\t\te. Phencyclidine (PCP);\n \t\t\t\tf. Benzodiazepines;\n \t\t\t\tg. Propoxyphene;\n \t\t\t\th. Methadone;\n \t\t\t\ti. Barbiturates; and\n \t\t\t\tj. Synthetic narcotics.\n \t\t\t\tSamples shall be collected by providers who are certified as complying\n with standards and procedures set out in the U.S. Department of\n Transportation’s rule, 49 C.F.R. Part 40. Collected samples shall be\n tested by laboratories certified by the Substance Abuse and Mental Health\n Services Administration (SAMHSA) of the U.S. Department of Health and Human\n Services for collection and testing. The mine operator may implement a more\n stringent substance abuse screening policy and program; and\n\n 2. The review of the substance abuse screening program with each miner at the\n time of employment and annually thereafter.\n\nE. The operator or his agent shall notify the Chief, on a form prescribed by the\nChief, within seven days of any failure of a pre-employment substance abuse\nscreening test and shall provide a record of the test showing such failure or\nviolation. Notice shall result in the immediate temporary suspension of all\ncertificates held by the applicant, pending a hearing before the Board of Coal\nMining Examiners.\n\nF. The operator or his agent shall notify the Chief, on a form prescribed by the\nChief, within seven days of (i) discharging a miner due to violation of the\ncompany’s substance or alcohol abuse policies, (ii) a miner testing\npositive for intoxication while on duty status, or (iii) a miner testing\npositive as using any controlled substance without the prescription of a\nlicensed prescriber. An operator that has a substance abuse program shall not be\nrequired to notify the Chief under clause (iii) unless the miner having tested\npositive fails to complete the operator’s substance abuse program. The\nnotification shall be accompanied by a record of the test showing such positive\nresults or violation. Notice shall result in the immediate temporary suspension\nof all certificates held by the applicant, pending a hearing before the Board of\nCoal Mining Examiners.\n\nG. The provisions of this chapter shall not be construed to preclude an employer\nfrom developing or maintaining a substance and alcohol abuse policy, testing\nprogram, or substance abuse program that exceeds the minimum requirements set\nforth in this section.\n\nHISTORY: Code 1950, \u00a7\u00a7 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78,\n45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, \u00a7 45.1-21; 1976,\nc. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577;\n1993, cc. 171, 442; 1994, c. 28, \u00a7 45.1-161.87; 1999, c. 256; 2007, cc. 894,\n914; 2010, cc. 809, 857; 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}}