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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54795</law_id><section_number>45.2-501</section_number><catch_line> Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>45.2-619</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="45.2">Mines, Minerals, and Energy</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Coal Mining</unit><unit label="part" level="3" order_by="1" identifier="A">Coal Mines Generally</unit><unit label="chapter" level="4" order_by="1" identifier="5">Coal Mine Safety Act</unit><unit label="article" level="5" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in the <span class="dictionary">Coal Mine Safety Act</span>, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Accident</span>&#x201D; means (i) a death of an individual at a mine; (ii) a <span class="dictionary">serious personal injury</span>; (iii) an <span class="dictionary">entrapment</span> of an individual for more than 30 minutes; (iv) an unplanned inundation of a mine by liquid or gas; (v) an unplanned ignition or explosion of gas or dust; (vi) an unplanned fire not extinguished within 30 minutes of <span class="dictionary">discovery</span>; (vii) an unplanned ignition or explosion of a blasting <span class="dictionary">agent</span> or an explosive; (viii) an unplanned roof fall at or above the anchorage zone in <span class="dictionary">active workings</span> where roof bolts are in use, or an unplanned roof or rib fall in <span class="dictionary">active workings</span> that impairs ventilation or impedes passage; (ix) a coal or rock outburst that causes withdrawal of <span class="dictionary">miners</span> or that disrupts regular mining activity for more than one hour; (x) an unstable condition at an impoundment, refuse pile, or culm bank that requires emergency action in <span class="dictionary">order</span> to prevent failure or that causes individuals to evacuate an area, or failure of an impoundment, refuse pile, or culm bank; (xi) damage to hoisting equipment in a shaft or slope that endangers an individual or interferes with use of the equipment for more than 30 minutes; (xii) an event at a mine that causes death or bodily injury to any individual not at a mine at the time the event occurs; and (xiii) the unintentional fall of highwall that entraps equipment for more than 30 minutes.
		&#x201C;<span class="dictionary">Active area</span>&#x201D; means any place in a mine that is ventilated, if underground, and examined regularly.
		&#x201C;<span class="dictionary">Active workings</span>&#x201D; means any place in a mine where <span class="dictionary">miners</span> are normally required to work or travel.
		&#x201C;<span class="dictionary">Agent</span>&#x201D; means any person charged by the <span class="dictionary">operator</span> with responsibility for the operation of all or a part of a mine or the supervision of <span class="dictionary">miners</span> in a mine.
		&#x201C;Approved&#x201D; means, with reference to a device, apparatus, equipment, condition, method, course, or practice, approved in writing by the <span class="dictionary">Chief</span> or the <span class="dictionary">Director</span>.
		&#x201C;<span class="dictionary">Authorized person</span>&#x201D; means a person who is assigned by the <span class="dictionary">operator</span> or <span class="dictionary">agent</span> to perform a specific type of duty or to be at a specific location in the mine and is trained and has demonstrated the ability to perform such duty safely and effectively.
		&#x201C;<span class="dictionary">Auxiliary fan</span>&#x201D; means a supplemental underground fan installed to increase the volume of air to a specified location for the purpose of controlling dust, methane, or air quality.
		&#x201C;<span class="dictionary">Board</span>&#x201D; means the <span class="dictionary">Board</span> of Coal Mining Examiners established pursuant to Article 3 (&#xA7;&#xA0;<a class="law" title=" Board of Coal Mining Examiners; purpose" href="/45.2-515/">45.2-515</a> et seq.).
		&#x201C;<span class="dictionary">Cable</span>&#x201D; means (i) a stranded conductor, known as single-conductor <span class="dictionary">cable</span>, or (ii) a combination of conductors insulated from one another, known as multiple-conductor <span class="dictionary">cable</span>.
		&#x201C;<span class="dictionary">Certified person</span>&#x201D; means a person who holds a valid certificate from the <span class="dictionary">Board</span> of Coal Mining Examiners authorizing him to perform the task to which he is assigned.
		&#x201C;Circuit&#x201D; means a conducting part or a system of conducting parts through which an electric current is intended to flow.
		&#x201C;<span class="dictionary">Circuit breaker</span>&#x201D; means a device for interrupting a circuit between separable contacts under normal or abnormal conditions.
		&#x201C;Coal mine&#x201D; means a <span class="dictionary">surface coal mine</span> or an <span class="dictionary">underground coal mine</span>.
		&#x201C;<span class="dictionary">Coal Mine Safety Act</span>&#x201D; or &#x201C;<span class="dictionary">the Act</span>&#x201D; means this chapter and Chapters 7 (&#xA7;&#xA0;<a class="law" title=" Scope of chapter" href="/45.2-700/">45.2-700</a> et seq.), 8 (&#xA7;&#xA0;<a class="law" title=" Face and other equipment" href="/45.2-800/">45.2-800</a> et seq.), and 9 (&#xA7;&#xA0;<a class="law" title=" Scope of chapter" href="/45.2-900/">45.2-900</a> et seq.) and includes any regulations adopted thereunder, where applicable.
		&#x201C;<span class="dictionary">Cross entry</span>&#x201D; means any entry or set of entries, turned from main entries, from which room entries are turned.
		&#x201C;<span class="dictionary">Experienced surface miner</span>&#x201D; means a person with six months or more of experience working at a surface mine or the surface area of an <span class="dictionary">underground coal mine</span>.
		&#x201C;<span class="dictionary">Experienced underground miner</span>&#x201D; means a person with six months or more of underground coal mining experience.
		&#x201C;<span class="dictionary">Federal mine safety law</span>&#x201D; means the Federal Mine Safety and Health Act of 1977 (P.L. 91-173, as amended by 95-164), and regulations adopted thereunder.
		&#x201C;<span class="dictionary">Fuse</span>&#x201D; means an overcurrent protective device with a circuit-opening fusible member directly heated and destroyed by the passage of overcurrent through it.
		&#x201C;<span class="dictionary">Ground</span>&#x201D; means a conducting connection between an electric circuit or electrical equipment and earth or to some conducting body that serves in place of earth.
		&#x201C;<span class="dictionary">Grounded</span>&#x201D; means connected to earth or to some connecting body that serves in place of earth.
		&#x201C;<span class="dictionary">Hazardous condition</span>&#x201D; means a condition that is likely to cause death or <span class="dictionary">serious personal injury</span> to any person exposed to such condition.
		&#x201C;<span class="dictionary">Imminent danger</span>&#x201D; means the existence of any condition or practice in a mine that could reasonably be expected to cause death or <span class="dictionary">serious personal injury</span> before such condition or practice can be abated.
		&#x201C;<span class="dictionary">Inactive mine</span>&#x201D; means a mine (i) at which (a) coal or <span class="dictionary">minerals</span> have not been excavated or processed or (b) work, other than examination by a <span class="dictionary">certified person</span> or emergency work to preserve the mine, has not been performed for a period of 30 days at an <span class="dictionary">underground coal mine</span> or for a period of 60 days at a surface mine; (ii) for which a valid license is in effect; and (iii) at which reclamation activities have not been completed.
		&#x201C;<span class="dictionary">Inexperienced underground miner</span>&#x201D; means a person with less than six months of underground coal mining experience.
		&#x201C;<span class="dictionary">Intake air</span>&#x201D; means air that has not passed through the last active <span class="dictionary">working place</span> of the split of any <span class="dictionary">working section</span> or any <span class="dictionary">worked-out area</span>, whether pillared or nonpillared, and by analysis contains at least 19.5 percent oxygen and not more than 0.5 percent carbon dioxide and does not contain a hazardous quantity of flammable gas or a harmful quantity of poisonous gas.
		&#x201C;<span class="dictionary">Interested persons</span>&#x201D; means members of the mine safety committee and other duly authorized representatives of the employees at a mine, <span class="dictionary">MSHA</span> employees, <span class="dictionary">mine inspectors</span>, and, to the extent required by <span class="dictionary">the Act</span>, any other person.
		&#x201C;<span class="dictionary">Main entry</span>&#x201D; means the principal entry or set of entries driven through the coal bed or <span class="dictionary">mineral</span> deposit and from which cross entries, room entries, or rooms are turned.
		&#x201C;Mine&#x201D; means any <span class="dictionary">underground coal mine</span> or <span class="dictionary">surface coal mine</span>. <span class="dictionary">Mines</span> that are adjacent to each other and under the same management and that are administered as distinct units are considered separate <span class="dictionary">mines</span>. A site is not considered a mine unless the coal extracted or excavated from it is offered for sale or exchange or used for any other commercial purpose. The area in which coal is excavated under an exemption to the permitting requirements of &#xA7;&#xA0;<a class="law" title=" Permit required for coal surface mining operation; term; transfer, etc" href="/45.2-1009/">45.2-1009</a> is not a mine.
		&#x201C;<span class="dictionary">Mine fire</span>&#x201D; means an unplanned fire not extinguished within 30 minutes of <span class="dictionary">discovery</span>.
		&#x201C;<span class="dictionary">Mine foreman</span>&#x201D; means a person who holds a valid certificate of qualification as a foreman duly issued by action of the <span class="dictionary">Board</span> of Coal Mining Examiners.
		&#x201C;<span class="dictionary">Mine inspector</span>&#x201D; means a public employee assigned by the <span class="dictionary">Chief</span> or the <span class="dictionary">Director</span> to make mine inspections as required by <span class="dictionary">the Act</span> and other applicable <span class="dictionary">laws</span>.
		&#x201C;Miner&#x201D; means any individual working in a mine.
		&#x201C;<span class="dictionary">Mineral</span>&#x201D; means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any other solid <span class="dictionary">material</span> or substance of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and any <span class="dictionary">mineral</span> that occurs naturally in liquid or gaseous form.
		&#x201C;Monthly&#x201D; means, unless otherwise stated, occurring any time during the period of the first through the last day of a calendar month.
		&#x201C;<span class="dictionary">Mine Safety and Health Administration</span>&#x201D; or &#x201C;<span class="dictionary">MSHA</span>&#x201D; means the federal <span class="dictionary">Mine Safety and Health Administration</span>.
		&#x201C;<span class="dictionary">Operator</span>&#x201D; means any person who operates, controls, or supervises a mine or any independent contractor performing services or construction at a mine.
		&#x201C;<span class="dictionary">Panel entry</span>&#x201D; means a <span class="dictionary">room entry</span>.
		&#x201C;<span class="dictionary">Permissible</span>&#x201D; means a device, process, equipment, or method classified as &#x201C;<span class="dictionary">permissible</span>&#x201D; by <span class="dictionary">MSHA</span>, when such classification is adopted by the <span class="dictionary">Chief</span> or the <span class="dictionary">Director</span>, and includes all requirements, restrictions, exceptions, limitations, and conditions attached to such classification by <span class="dictionary">MSHA</span> unless otherwise expressly stated in <span class="dictionary">the Act</span>.
		&#x201C;<span class="dictionary">Return air</span>&#x201D; means air that has passed through (i) the last active <span class="dictionary">working place</span> on each split or (ii) <span class="dictionary">worked-out areas</span>, whether pillared or nonpillared.
		&#x201C;<span class="dictionary">Room entry</span>&#x201D; means any entry or set of entries from which rooms are turned.
		&#x201C;<span class="dictionary">Serious personal injury</span>&#x201D; means any injury that has a reasonable potential to cause death or any injury other than a sprain or strain that requires an admission to a hospital for 24 hours or more for medical treatment.
		&#x201C;<span class="dictionary">Substation</span>&#x201D; means an electrical installation containing generating or power-conversion equipment and associated electric equipment and parts, such as switchboards, switches, wiring, <span class="dictionary">fuses</span>, <span class="dictionary">circuit breakers</span>, compensators, and transformers.
		&#x201C;<span class="dictionary">Surface coal mine</span>&#x201D; means (i) the pit and other active and inactive areas of surface extraction of coal; (ii) on-site preparation plants, shops, tipples, and related facilities appurtenant to the extraction and processing of coal; (iii) surface areas for the transportation and storage of coal extracted at the site; (iv) impoundments, retention dams, tailing ponds, and refuse disposal areas appurtenant to the extraction of coal from the site; (v) equipment, machinery, tools, and other property used in or to be used in the extraction of coal from the site; (vi) private ways and roads appurtenant to such areas; and (vii) the areas used to prepare a site for surface coal extraction activities. A site commences being a <span class="dictionary">surface coal mine</span> upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity that does not disturb the surface and ceases to be a <span class="dictionary">surface coal mine</span> upon completion of initial reclamation activities.
		&#x201C;<span class="dictionary">Travel way</span>&#x201D; means a passage, walk, or way regularly used and designated for persons to go from one place to another.
		&#x201C;<span class="dictionary">Underground coal mine</span>&#x201D; means (i) the <span class="dictionary">working face</span> and other active and inactive areas of underground excavation of coal; (ii) underground <span class="dictionary">travel ways</span>, shafts, slopes, drifts, inclines, and tunnels connected to such areas; (iii) on-site preparation plants, shops, tipples, and related facilities appurtenant to the excavation and processing of coal; (iv) on-site surface areas for the transportation and storage of coal excavated at the site; (v) impoundments, retention dams, and tailing ponds appurtenant to the excavation of coal from the site; (vi) equipment, machinery, tools, and other property, on the surface and underground, used in or to be used in the excavation of coal from the site; (vii) private ways and roads appurtenant to such areas; (viii) the areas used to prepare a site for underground coal excavation activities; and (ix) areas used for the drilling of vertical ventilation holes. A site commences being an <span class="dictionary">underground coal mine</span> upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity and ceases to be an <span class="dictionary">underground coal mine</span> upon completion of initial reclamation activities.
		&#x201C;Weekly&#x201D; means, unless otherwise stated, occurring any time during the period of Sunday through Saturday of a calendar week.
		&#x201C;<span class="dictionary">Work area</span>&#x201D; means an area of a <span class="dictionary">surface coal mine</span> in production or being prepared for production and an area of the mine that may pose a danger to <span class="dictionary">miners</span> at such area.
		&#x201C;<span class="dictionary">Worked-out area</span>&#x201D; means an area where underground coal mining has been completed, whether pillared or nonpillared, excluding developing entries, <span class="dictionary">return air</span> courses, and <span class="dictionary">intake air</span> courses.
		&#x201C;<span class="dictionary">Working face</span>&#x201D; means any place in a mine in which work of extracting coal from its natural deposit in the earth is performed during the mining cycle.
		&#x201C;<span class="dictionary">Working place</span>&#x201D; means the area of an <span class="dictionary">underground coal mine</span> inby the last open crosscut.
		&#x201C;<span class="dictionary">Working section</span>&#x201D; means all areas from the loading point of a section to and including the <span class="dictionary">working faces</span>.</p></section></text><history>Code 1950, &#xA7; 45-0.2; 1954, c. 191; 1966, c. 594, &#xA7; 45.1-2; 1975, c. 520; 1978, cc. 120, 489; 1980, c. 442; 1984, c. 590; 1993, c. 442; 1994, c. 28, &#xA7; 45.1-161.8; 1996, c. 774; 1997, c. 390; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.</history><metadata></metadata></law>
