{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-826.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-826.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-826.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-826.html"}],"law_id":61647,"edition_id":1,"section_id":61647,"structure_id":14031,"section_number":"45.2-826","catch_line":" Pre-shift examinations","history":"Code 1950, \u00a7\u00a7 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, \u00a7\u00a7 45.1-20, 45.1-65; 1978, c. 120; 1982, c. 385; 1994, c. 28, \u00a7 45.1-161.208; 1996, c. 774; 2005, c. 3; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe operator or his agent shall establish eight-hour intervals of time, each of which shall be subject to a required pre-shift examination. Within three hours preceding the beginning of any such eight-hour interval during which any person is scheduled to work or travel underground, a mine foreman shall make a pre-shift examination. No person scheduled to enter the mine during the eight-hour interval, other than the mine foreman who is conducting the examination, shall enter any underground area unless a pre-shift examination has been completed for such established eight-hour interval.B\n\nDuring the pre-shift examination, the mine foreman shall (i) examine for hazardous conditions, (ii) test for methane and oxygen deficiency with a suitable permissible device, and (iii) determine whether the air is traveling in its regular course and in sufficient volume in each split, at each of the following underground locations:1\n\nEvery track entry or other area where persons are scheduled to work or travel during the oncoming shift;2\n\nEvery belt conveyor that will be used to transport persons during the oncoming shift and the entry in which each such belt conveyor is located;3\n\nAny working section or area where mechanized mining equipment is being installed or removed if a person is scheduled to work on the section or in the area during the oncoming shift. Such a working section or area includes each working place and each approach to a worked-out area, and ventilation controls on each such section or in each such area;4\n\nEach approach to a worked-out area along an intake air course if intake air passes by such worked-out area to ventilate any working section where a person is scheduled to work during the oncoming shift;5\n\nEvery seal along an intake air course where intake air passes by such seal to ventilate any working section where a person is scheduled to work during the oncoming shift;6\n\nWhere intake air passes through or by an entry or room to any working section where a person is scheduled to work during the oncoming shift, each such entry or room that is driven (i) more than 20 feet off an intake air course without a crosscut or permanent ventilation controls or (ii) more than two crosscuts off an intake air course without permanent ventilation controls; and7\n\nWhere unattended diesel equipment is expected to operate or an area in which trolley wires or trolley feeder wires are to be or will remain energized during the oncoming shift.C\n\nDuring the pre-shift examination, the mine foreman shall determine the volume of air entering each of the following areas if a miner is scheduled to work in such area during the oncoming shift:1\n\nIn the last open crosscut of each set of entries or rooms on each working section or any area in which mechanized mining equipment is being installed or removed;2\n\nOn each longwall or shortwall in each intake entry at the intake end of the longwall or shortwall face immediately outby the face. The mine foreman shall also determine the velocity of air at each end of the face at the locations specified in the approved ventilation plan required by the federal mine safety law; and3\n\nAt the intake end of any pillar line (i) in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined, if a single split of air is used or (ii) in the intake entries of each split, immediately inby the split point, if a split system is used.D\n\nA mine foreman shall make a pre-shift examination of the surface areas of an underground coal mine in accordance with the requirements for pre-shift examinations at surface coal mines as provided in &#xA7; 45.2-903.E\n\nThe Chief may require the mine foreman to examine other areas of the mine or to examine for other hazards during the pre-shift examination.F\n\nAny area of the mine where hazardous conditions are found shall be posted with a conspicuous danger sign located where anyone entering the area would pass. Only a person designated by the operator or his agent to correct or evaluate the condition shall enter such posted area.G\n\nAt each working place examined, the mine foreman shall certify by initials, date, and time that the examination was made. In any area to be examined outby a working section, the mine foreman shall certify completion of the examination by initials, date, and time at enough locations to show that the entire area has been examined.H\n\nEach idle or worked-out area underground shall be inspected for gas and other hazardous conditions by a mine foreman immediately before miners are permitted to enter or work in such place. A certified person shall supervise the correction of any condition that creates an imminent danger. The mine operator or his agent shall not pass beyond the danger sign except in cases of necessity.I\n\nIf no person has been working underground before an established eight-hour interval, no person other than a mine foreman conducting a pre-shift examination shall enter the mine until the examination has been completed and the mine foreman reports that the mine is clear of danger; however, miners may enter under the direction of a mine foreman for the purpose of making the mine safe. The Chief may, in certain mines, authorize mantrips to proceed to a designated station underground, from which no mantrip shall leave until a mine foreman reports that the remainder of the areas of the mine are clear of danger.J\n\nMiners who are regularly employed on a shift during which a pre-shift examination is being conducted shall be permitted to leave or enter the mine in the performance of their duties.K\n\nIn a multiple-shift operation, certified persons may be used to make the pre-shift examination for the next or succeeding shift.L\n\nImmediately before any miner is permitted to enter an area of an inactive underground coal mine in order to take emergency actions to preserve the mine, a mine foreman shall examine such area for gas and other hazardous conditions.M\n\nIn the performance of his duties under this section, the mine foreman shall have no superior officer, and every miner shall be subordinate to him.","order_by":null,"text":{"0":{"id":225063,"text":"The operator or his agent shall establish eight-hour intervals of time, each of which shall be subject to a required pre-shift examination. Within three hours preceding the beginning of any such eight-hour interval during which any person is scheduled to work or travel underground, a mine foreman shall make a pre-shift examination. No person scheduled to enter the mine during the eight-hour interval, other than the mine foreman who is conducting the examination, shall enter any underground area unless a pre-shift examination has been completed for such established eight-hour interval.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225064,"text":"During the pre-shift examination, the mine foreman shall (i) examine for hazardous conditions, (ii) test for methane and oxygen deficiency with a suitable permissible device, and (iii) determine whether the air is traveling in its regular course and in sufficient volume in each split, at each of the following underground locations:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":225065,"text":"Every track entry or other area where persons are scheduled to work or travel during the oncoming shift;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":225066,"text":"Every belt conveyor that will be used to transport persons during the oncoming shift and the entry in which each such belt conveyor is located;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":225067,"text":"Any working section or area where mechanized mining equipment is being installed or removed if a person is scheduled to work on the section or in the area during the oncoming shift. Such a working section or area includes each working place and each approach to a worked-out area, and ventilation controls on each such section or in each such area;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":225068,"text":"Each approach to a worked-out area along an intake air course if intake air passes by such worked-out area to ventilate any working section where a person is scheduled to work during the oncoming shift;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":225069,"text":"Every seal along an intake air course where intake air passes by such seal to ventilate any working section where a person is scheduled to work during the oncoming shift;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":225070,"text":"Where intake air passes through or by an entry or room to any working section where a person is scheduled to work during the oncoming shift, each such entry or room that is driven (i) more than 20 feet off an intake air course without a crosscut or permanent ventilation controls or (ii) more than two crosscuts off an intake air course without permanent ventilation controls; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":225071,"text":"Where unattended diesel equipment is expected to operate or an area in which trolley wires or trolley feeder wires are to be or will remain energized during the oncoming shift.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":225072,"text":"During the pre-shift examination, the mine foreman shall determine the volume of air entering each of the following areas if a miner is scheduled to work in such area during the oncoming shift:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"C1"},"10":{"id":225073,"text":"In the last open crosscut of each set of entries or rooms on each working section or any area in which mechanized mining equipment is being installed or removed;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"11":{"id":225074,"text":"On each longwall or shortwall in each intake entry at the intake end of the longwall or shortwall face immediately outby the face. The mine foreman shall also determine the velocity of air at each end of the face at the locations specified in the approved ventilation plan required by the federal mine safety law; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"12":{"id":225075,"text":"At the intake end of any pillar line (i) in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined, if a single split of air is used or (ii) in the intake entries of each split, immediately inby the split point, if a split system is used.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"13":{"id":225076,"text":"A mine foreman shall make a pre-shift examination of the surface areas of an underground coal mine in accordance with the requirements for pre-shift examinations at surface coal mines as provided in &#xA7; 45.2-903.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"14":{"id":225077,"text":"The Chief may require the mine foreman to examine other areas of the mine or to examine for other hazards during the pre-shift examination.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"15":{"id":225078,"text":"Any area of the mine where hazardous conditions are found shall be posted with a conspicuous danger sign located where anyone entering the area would pass. Only a person designated by the operator or his agent to correct or evaluate the condition shall enter such posted area.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"16":{"id":225079,"text":"At each working place examined, the mine foreman shall certify by initials, date, and time that the examination was made. In any area to be examined outby a working section, the mine foreman shall certify completion of the examination by initials, date, and time at enough locations to show that the entire area has been examined.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"17":{"id":225080,"text":"Each idle or worked-out area underground shall be inspected for gas and other hazardous conditions by a mine foreman immediately before miners are permitted to enter or work in such place. A certified person shall supervise the correction of any condition that creates an imminent danger. The mine operator or his agent shall not pass beyond the danger sign except in cases of necessity.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"18":{"id":225081,"text":"If no person has been working underground before an established eight-hour interval, no person other than a mine foreman conducting a pre-shift examination shall enter the mine until the examination has been completed and the mine foreman reports that the mine is clear of danger; however, miners may enter under the direction of a mine foreman for the purpose of making the mine safe. The Chief may, in certain mines, authorize mantrips to proceed to a designated station underground, from which no mantrip shall leave until a mine foreman reports that the remainder of the areas of the mine are clear of danger.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"19":{"id":225082,"text":"Miners who are regularly employed on a shift during which a pre-shift examination is being conducted shall be permitted to leave or enter the mine in the performance of their duties.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"20":{"id":225083,"text":"In a multiple-shift operation, certified persons may be used to make the pre-shift examination for the next or succeeding shift.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"21":{"id":225084,"text":"Immediately before any miner is permitted to enter an area of an inactive underground coal mine in order to take emergency actions to preserve the mine, a mine foreman shall examine such area for gas and other hazardous conditions.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"22":{"id":225085,"text":"In the performance of his duties under this section, the mine foreman shall have no superior officer, and every miner shall be subordinate to him.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":14031,"edition_id":1,"name":"Ventilation, Mine Gases, and Other Hazardous Conditions","identifier":"4","label":"article","depth":5,"order_by":1,"parent_id":14030,"metadata":{},"date_created":"2026-06-26 03:46:38","date_modified":"2026-06-26 03:46:38","permalink":{"id":223537,"object_type":"structure","relational_id":14031,"identifier":"4","token":"45.2\/II\/B\/8\/4","url":"\/45.2\/II\/B\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14030,"edition_id":1,"name":"Requirements Applicable to Underground Coal Mines; Electricity, Safety, Etc","identifier":"8","label":"chapter","depth":4,"order_by":1,"parent_id":12986,"metadata":{},"date_created":"2026-06-26 03:46:38","date_modified":"2026-06-26 03:46:38","permalink":{"id":223425,"object_type":"structure","relational_id":14030,"identifier":"8","token":"45.2\/II\/B\/8","url":"\/45.2\/II\/B\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12986,"edition_id":1,"name":"Underground Coal Mines","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":223095,"object_type":"structure","relational_id":12986,"identifier":"B","token":"45.2\/II\/B","url":"\/45.2\/II\/B\/","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":61647,"structure_id":14031,"section_number":"45.2-826","catch_line":" Pre-shift examinations","url":"\/45.2-826\/","token":"45.2\/II\/B\/8\/4\/45.2-826","metadata":false},{"id":75532,"structure_id":14031,"section_number":"45.2-827","catch_line":" On-shift examinations","url":"\/45.2-827\/","token":"45.2\/II\/B\/8\/4\/45.2-827","metadata":false},{"id":84889,"structure_id":14031,"section_number":"45.2-828","catch_line":" Weekly examinations","url":"\/45.2-828\/","token":"45.2\/II\/B\/8\/4\/45.2-828","metadata":false},{"id":55121,"structure_id":14031,"section_number":"45.2-829","catch_line":" Examinations of fans","url":"\/45.2-829\/","token":"45.2\/II\/B\/8\/4\/45.2-829","metadata":false},{"id":78974,"structure_id":14031,"section_number":"45.2-830","catch_line":" Record of examinations","url":"\/45.2-830\/","token":"45.2\/II\/B\/8\/4\/45.2-830","metadata":false},{"id":73101,"structure_id":14031,"section_number":"45.2-831","catch_line":" Notice of hazardous conditions","url":"\/45.2-831\/","token":"45.2\/II\/B\/8\/4\/45.2-831","metadata":false},{"id":56771,"structure_id":14031,"section_number":"45.2-832","catch_line":" Notice of monitor tampering prohibition","url":"\/45.2-832\/","token":"45.2\/II\/B\/8\/4\/45.2-832","metadata":false},{"id":84902,"structure_id":14031,"section_number":"45.2-833","catch_line":" Main fans","url":"\/45.2-833\/","token":"45.2\/II\/B\/8\/4\/45.2-833","metadata":false},{"id":64758,"structure_id":14031,"section_number":"45.2-834","catch_line":" Fan stoppage plan","url":"\/45.2-834\/","token":"45.2\/II\/B\/8\/4\/45.2-834","metadata":false},{"id":61736,"structure_id":14031,"section_number":"45.2-835","catch_line":" Auxiliary fans","url":"\/45.2-835\/","token":"45.2\/II\/B\/8\/4\/45.2-835","metadata":false},{"id":78287,"structure_id":14031,"section_number":"45.2-836","catch_line":" Quantity of air","url":"\/45.2-836\/","token":"45.2\/II\/B\/8\/4\/45.2-836","metadata":false},{"id":81164,"structure_id":14031,"section_number":"45.2-837","catch_line":" Bleeder systems","url":"\/45.2-837\/","token":"45.2\/II\/B\/8\/4\/45.2-837","metadata":false},{"id":55504,"structure_id":14031,"section_number":"45.2-838","catch_line":" Coursing of air","url":"\/45.2-838\/","token":"45.2\/II\/B\/8\/4\/45.2-838","metadata":false},{"id":75203,"structure_id":14031,"section_number":"45.2-839","catch_line":" Actions for excessive methane","url":"\/45.2-839\/","token":"45.2\/II\/B\/8\/4\/45.2-839","metadata":false},{"id":75918,"structure_id":14031,"section_number":"45.2-840","catch_line":" Crosscuts","url":"\/45.2-840\/","token":"45.2\/II\/B\/8\/4\/45.2-840","metadata":false},{"id":78688,"structure_id":14031,"section_number":"45.2-841","catch_line":" Permanent stoppings","url":"\/45.2-841\/","token":"45.2\/II\/B\/8\/4\/45.2-841","metadata":false},{"id":86254,"structure_id":14031,"section_number":"45.2-842","catch_line":" Ventilation controls","url":"\/45.2-842\/","token":"45.2\/II\/B\/8\/4\/45.2-842","metadata":false},{"id":59441,"structure_id":14031,"section_number":"45.2-843","catch_line":" Line brattice","url":"\/45.2-843\/","token":"45.2\/II\/B\/8\/4\/45.2-843","metadata":false},{"id":70834,"structure_id":14031,"section_number":"45.2-844","catch_line":" Ventilation with air from certain areas","url":"\/45.2-844\/","token":"45.2\/II\/B\/8\/4\/45.2-844","metadata":false},{"id":64318,"structure_id":14031,"section_number":"45.2-845","catch_line":" Worked-out areas","url":"\/45.2-845\/","token":"45.2\/II\/B\/8\/4\/45.2-845","metadata":false},{"id":74385,"structure_id":14031,"section_number":"45.2-846","catch_line":" Air quality","url":"\/45.2-846\/","token":"45.2\/II\/B\/8\/4\/45.2-846","metadata":false},{"id":71388,"structure_id":14031,"section_number":"45.2-847","catch_line":" Examination of mine for explosive gas and other hazardous conditions","url":"\/45.2-847\/","token":"45.2\/II\/B\/8\/4\/45.2-847","metadata":false},{"id":86482,"structure_id":14031,"section_number":"45.2-848","catch_line":" Tampering with methane monitoring devices prohibited; penalty","url":"\/45.2-848\/","token":"45.2\/II\/B\/8\/4\/45.2-848","metadata":false},{"id":66298,"structure_id":14031,"section_number":"45.2-849","catch_line":" Allowing persons to work in mine where methane monitoring equipment disconnected; penalty","url":"\/45.2-849\/","token":"45.2\/II\/B\/8\/4\/45.2-849","metadata":false},{"id":77699,"structure_id":14031,"section_number":"45.2-850","catch_line":" Intentionally bypassing a safety device; prohibition","url":"\/45.2-850\/","token":"45.2\/II\/B\/8\/4\/45.2-850","metadata":false},{"id":68872,"structure_id":14031,"section_number":"45.2-851","catch_line":" Control of coal dust","url":"\/45.2-851\/","token":"45.2\/II\/B\/8\/4\/45.2-851","metadata":false},{"id":79750,"structure_id":14031,"section_number":"45.2-852","catch_line":" Rock dusting","url":"\/45.2-852\/","token":"45.2\/II\/B\/8\/4\/45.2-852","metadata":false}],"next_section":{"id":75532,"structure_id":14031,"section_number":"45.2-827","catch_line":" On-shift examinations","url":"\/45.2-827\/","token":"45.2\/II\/B\/8\/4\/45.2-827","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-826\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1978, chapter 120; in 1982, chapter 385; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0028\">28<\/a>; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0774\">774<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0003\">3<\/a>.<\/p>","references":[{"id":71044,"section_number":"45.2-708","catch_line":" Mining in proximity to an abandoned area","order_by":null,"url":"\/45.2-708\/"},{"id":84889,"section_number":"45.2-828","catch_line":" Weekly examinations","order_by":null,"url":"\/45.2-828\/"}],"refers_to":false,"permalink":{"id":223539,"object_type":"law","relational_id":61647,"identifier":"45.2-826","token":"45.2\/II\/B\/8\/4\/45.2-826","url":"\/45.2-826\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-826\/","token":"45.2\/II\/B\/8\/4\/45.2-826","dublin_core":{"Title":" Pre-shift examinations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-826","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The operator or his agent shall establish eight-hour intervals of time, each of which shall be subject to a required pre-shift examination. Within three hours preceding the beginning of any such eight-hour interval during which any person is scheduled to work or travel underground, a mine <span class=\"dictionary\">foreman<\/span> shall make a pre-shift examination. No person scheduled to enter the mine during the eight-hour interval, other than the mine <span class=\"dictionary\">foreman<\/span> who is conducting the examination, shall enter any underground area unless a pre-shift examination has been completed for such established eight-hour interval. <a id=\"paragraph-225063\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#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> During the pre-shift examination, the mine <span class=\"dictionary\">foreman<\/span> shall (i) examine for hazardous conditions, (ii) test for methane and oxygen deficiency with a suitable permissible device, and (iii) determine whether the air is traveling in its regular course and in sufficient volume in each split, at each of the following underground locations: <a id=\"paragraph-225064\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Every track entry or other area where persons are scheduled to work or travel during the oncoming shift; <a id=\"paragraph-225065\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Every belt conveyor that will be used to transport persons during the oncoming shift and the entry in which each such belt conveyor is located; <a id=\"paragraph-225066\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any working section or area where mechanized mining equipment is being installed or removed if a person is scheduled to work on the section or in the area during the oncoming shift. Such a working section or area includes each working place and each approach to a worked-out area, and ventilation controls on each such section or in each such area; <a id=\"paragraph-225067\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Each approach to a worked-out area along an intake air course if intake air passes by such worked-out area to ventilate any working section where a person is scheduled to work during the oncoming shift; <a id=\"paragraph-225068\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Every seal along an intake air course where intake air passes by such seal to ventilate any working section where a person is scheduled to work during the oncoming shift; <a id=\"paragraph-225069\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Where intake air passes through or by an entry or room to any working section where a person is scheduled to work during the oncoming shift, each such entry or room that is driven (i) more than 20 feet off an intake air course without a crosscut or permanent ventilation controls or (ii) more than two crosscuts off an intake air course without permanent ventilation controls; and <a id=\"paragraph-225070\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#B6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Where unattended diesel equipment is expected to operate or an area in which trolley wires or trolley feeder wires are to be or will remain energized during the oncoming shift. <a id=\"paragraph-225071\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#B7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> During the pre-shift examination, the mine <span class=\"dictionary\">foreman<\/span> shall determine the volume of air entering each of the following areas if a miner is scheduled to work in such area during the oncoming shift: <a id=\"paragraph-225072\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> In the last open crosscut of each set of entries or rooms on each working section or any area in which mechanized mining equipment is being installed or removed; <a id=\"paragraph-225073\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> On each longwall or shortwall in each intake entry at the intake end of the longwall or shortwall face immediately outby the face. The mine <span class=\"dictionary\">foreman<\/span> shall also determine the velocity of air at each end of the face at the locations specified in the approved ventilation plan required by the federal mine safety <span class=\"dictionary\">law<\/span>; and <a id=\"paragraph-225074\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> At the intake end of any pillar line (i) in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined, if a single split of air is used or (ii) in the intake entries of each split, immediately inby the split point, if a split system is used. <a id=\"paragraph-225075\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A mine <span class=\"dictionary\">foreman<\/span> shall make a pre-shift examination of the surface areas of an underground coal mine in accordance with the requirements for pre-shift examinations at surface coal mines as provided in &#xA7; <a class=\"law\" title=\" Safety examinations\" href=\"\/45.2-903\/\">45.2-903<\/a>. <a id=\"paragraph-225076\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">Chief<\/span> may require the mine <span class=\"dictionary\">foreman<\/span> to examine other areas of the mine or to examine for other hazards during the pre-shift examination. <a id=\"paragraph-225077\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Any area of the mine where hazardous conditions are found shall be posted with a conspicuous danger sign located where anyone entering the area would pass. Only a person designated by the operator or his agent to correct or evaluate the condition shall enter such posted area. <a id=\"paragraph-225078\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> At each working place examined, the mine <span class=\"dictionary\">foreman<\/span> shall certify by initials, date, and time that the examination was made. In any area to be examined outby a working section, the mine <span class=\"dictionary\">foreman<\/span> shall certify completion of the examination by initials, date, and time at enough locations to show that the entire area has been examined. <a id=\"paragraph-225079\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Each idle or worked-out area underground shall be inspected for gas and other hazardous conditions by a mine <span class=\"dictionary\">foreman<\/span> immediately before miners are permitted to enter or work in such place. A certified person shall supervise the correction of any condition that creates an imminent danger. The mine operator or his agent shall not pass beyond the danger sign except in cases of necessity. <a id=\"paragraph-225080\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> If no person has been working underground before an established eight-hour interval, no person other than a mine <span class=\"dictionary\">foreman<\/span> conducting a pre-shift examination shall enter the mine until the examination has been completed and the mine <span class=\"dictionary\">foreman<\/span> reports that the mine is clear of danger; however, miners may enter under the direction of a mine <span class=\"dictionary\">foreman<\/span> for the purpose of making the mine safe. The <span class=\"dictionary\">Chief<\/span> may, in certain mines, authorize mantrips to proceed to a designated station underground, from which no mantrip shall leave until a mine <span class=\"dictionary\">foreman<\/span> reports that the remainder of the areas of the mine are clear of danger. <a id=\"paragraph-225081\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> Miners who are regularly employed on a shift during which a pre-shift examination is being conducted shall be permitted to leave or enter the mine in the performance of their duties. <a id=\"paragraph-225082\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K\"><p><span class=\"prefix-number\">K.<\/span> In a multiple-shift operation, certified persons may be used to make the pre-shift examination for the next or succeeding shift. <a id=\"paragraph-225083\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#K\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"L\"><p><span class=\"prefix-number\">L.<\/span> Immediately before any miner is permitted to enter an area of an inactive underground coal mine in <span class=\"dictionary\">order<\/span> to take emergency actions to preserve the mine, a mine <span class=\"dictionary\">foreman<\/span> shall examine such area for gas and other hazardous conditions. <a id=\"paragraph-225084\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#L\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"M\"><p><span class=\"prefix-number\">M.<\/span> In the performance of his duties under this section, the mine <span class=\"dictionary\">foreman<\/span> shall have no superior officer, and every miner shall be subordinate to him. <a id=\"paragraph-225085\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-826\/#M\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n PRE-SHIFT EXAMINATIONS (\u00a7 45.2-826)\n\nA. The operator or his agent shall establish eight-hour intervals of time, each\nof which shall be subject to a required pre-shift examination. Within three\nhours preceding the beginning of any such eight-hour interval during which any\nperson is scheduled to work or travel underground, a mine foreman shall make a\npre-shift examination. No person scheduled to enter the mine during the\neight-hour interval, other than the mine foreman who is conducting the\nexamination, shall enter any underground area unless a pre-shift examination has\nbeen completed for such established eight-hour interval.\n\nB. During the pre-shift examination, the mine foreman shall (i) examine for\nhazardous conditions, (ii) test for methane and oxygen deficiency with a\nsuitable permissible device, and (iii) determine whether the air is traveling in\nits regular course and in sufficient volume in each split, at each of the\nfollowing underground locations:\n\n   1. Every track entry or other area where persons are scheduled to work or\n   travel during the oncoming shift;\n\n   2. Every belt conveyor that will be used to transport persons during the\n   oncoming shift and the entry in which each such belt conveyor is located;\n\n   3. Any working section or area where mechanized mining equipment is being\n   installed or removed if a person is scheduled to work on the section or in the\n   area during the oncoming shift. Such a working section or area includes each\n   working place and each approach to a worked-out area, and ventilation controls\n   on each such section or in each such area;\n\n   4. Each approach to a worked-out area along an intake air course if intake air\n   passes by such worked-out area to ventilate any working section where a person\n   is scheduled to work during the oncoming shift;\n\n   5. Every seal along an intake air course where intake air passes by such seal\n   to ventilate any working section where a person is scheduled to work during\n   the oncoming shift;\n\n   6. Where intake air passes through or by an entry or room to any working\n   section where a person is scheduled to work during the oncoming shift, each\n   such entry or room that is driven (i) more than 20 feet off an intake air\n   course without a crosscut or permanent ventilation controls or (ii) more than\n   two crosscuts off an intake air course without permanent ventilation controls;\n   and\n\n   7. Where unattended diesel equipment is expected to operate or an area in\n   which trolley wires or trolley feeder wires are to be or will remain energized\n   during the oncoming shift.\n\nC. During the pre-shift examination, the mine foreman shall determine the volume\nof air entering each of the following areas if a miner is scheduled to work in\nsuch area during the oncoming shift:\n\n   1. In the last open crosscut of each set of entries or rooms on each working\n   section or any area in which mechanized mining equipment is being installed or\n   removed;\n\n   2. On each longwall or shortwall in each intake entry at the intake end of the\n   longwall or shortwall face immediately outby the face. The mine foreman shall\n   also determine the velocity of air at each end of the face at the locations\n   specified in the approved ventilation plan required by the federal mine safety\n   law; and\n\n   3. At the intake end of any pillar line (i) in the intake entry furthest from\n   the return air course, immediately outby the first open crosscut outby the\n   line of pillars being mined, if a single split of air is used or (ii) in the\n   intake entries of each split, immediately inby the split point, if a split\n   system is used.\n\nD. A mine foreman shall make a pre-shift examination of the surface areas of an\nunderground coal mine in accordance with the requirements for pre-shift\nexaminations at surface coal mines as provided in &#xA7; 45.2-903.\n\nE. The Chief may require the mine foreman to examine other areas of the mine or\nto examine for other hazards during the pre-shift examination.\n\nF. Any area of the mine where hazardous conditions are found shall be posted\nwith a conspicuous danger sign located where anyone entering the area would\npass. Only a person designated by the operator or his agent to correct or\nevaluate the condition shall enter such posted area.\n\nG. At each working place examined, the mine foreman shall certify by initials,\ndate, and time that the examination was made. In any area to be examined outby a\nworking section, the mine foreman shall certify completion of the examination by\ninitials, date, and time at enough locations to show that the entire area has\nbeen examined.\n\nH. Each idle or worked-out area underground shall be inspected for gas and other\nhazardous conditions by a mine foreman immediately before miners are permitted\nto enter or work in such place. A certified person shall supervise the\ncorrection of any condition that creates an imminent danger. The mine operator\nor his agent shall not pass beyond the danger sign except in cases of necessity.\n\nI. If no person has been working underground before an established eight-hour\ninterval, no person other than a mine foreman conducting a pre-shift examination\nshall enter the mine until the examination has been completed and the mine\nforeman reports that the mine is clear of danger; however, miners may enter\nunder the direction of a mine foreman for the purpose of making the mine safe.\nThe Chief may, in certain mines, authorize mantrips to proceed to a designated\nstation underground, from which no mantrip shall leave until a mine foreman\nreports that the remainder of the areas of the mine are clear of danger.\n\nJ. Miners who are regularly employed on a shift during which a pre-shift\nexamination is being conducted shall be permitted to leave or enter the mine in\nthe performance of their duties.\n\nK. In a multiple-shift operation, certified persons may be used to make the\npre-shift examination for the next or succeeding shift.\n\nL. Immediately before any miner is permitted to enter an area of an inactive\nunderground coal mine in order to take emergency actions to preserve the mine, a\nmine foreman shall examine such area for gas and other hazardous conditions.\n\nM. In the performance of his duties under this section, the mine foreman shall\nhave no superior officer, and every miner shall be subordinate to him.\n\nHISTORY: Code 1950, \u00a7\u00a7 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191;\n1966, c. 594, \u00a7\u00a7 45.1-20, 45.1-65; 1978, c. 120; 1982, c. 385; 1994, c. 28, \u00a7\n45.1-161.208; 1996, c. 774; 2005, c. 3; 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}}