                                 CODE OF VIRGINIA

 FOREMAN CERTIFICATION (§ 45.2-1123)

A. At any mineral mine where three or more persons work at the same time during
any part of a 24-hour period, the licensed operator or independent contractor
engaged in the extraction or processing of minerals shall employ a mine foreman.
Only a person holding a foreman certificate in accordance with &#xA7; 45.2-1114
shall be employed as a mine foreman. The holder of such a certificate shall
present the certificate, or a copy thereof, to the operator where he is
employed. Such operator shall file the certificate or its copy in the office at
the mine and make it available for inspection by interested persons.

B. Every applicant for a foreman certificate shall have at least five years of
experience at mineral mining, or other experience deemed appropriate by the
Department, and shall demonstrate to the Department a thorough knowledge of the
theory and practice of mineral mining by making a score of 85 percent or more on
the written examination. In addition, each applicant shall pass an examination
in first aid approved by the Department.

C. The certified mine foreman at each mine shall examine all active workings at
the beginning of each shift. Any hazard or unsafe condition shall be corrected
before any miner starts work in the affected area.

D. Any independent contractor working in a mineral mine who is engaged in an
activity other than the extraction or processing of minerals and is working in a
clearly demarcated area where (i) no mining-associated hazard exists and (ii) no
other miner travels or works while engaged in an extraction or processing
activity shall employ a competent person to examine the work area of the
contractor at the beginning of each shift. Any hazard or unsafe condition shall
be corrected prior to any person starting work in the affected area.

HISTORY: 1997, c. 390, § 45.1-161.292:29; 1998, c. 695; 2012, cc. 803, 835;
2021, Sp. Sess. I, c. 387.