                                 CODE OF VIRGINIA

 FREQUENCY OF MINE INSPECTIONS (§ 45.2-1148)

A. The Director shall conduct a complete inspection of each underground mineral
mine at least every 180 days, and of any surface mineral mine that is not
inspected by MSHA at least once per year. An additional inspection of such
mineral mine shall be made when deemed appropriate by the Director based on an
evaluation of risks at such mine or if requested by miners employed at a mine or
the licensed operator of a mine.

B. The Director shall not conduct an inspection of a surface mineral mine that
is inspected by MSHA; however, a mine inspector or other employee of the
Department may enter such mine in order to (i) respond to a complaint of a
violation of the Act; (ii) respond to and investigate any serious personal
injury or death; and (iii) with the consent of the licensed operator, conduct
training programs.

C. The Director shall determine whether a particular surface mineral mine is
inspected by MSHA. The Director shall make such determination based on
information provided by MSHA and Department records.

D. The Director shall request representatives of MSHA to serve with Department
personnel on a joint committee of cooperation. The committee shall include the
Director of the Division and such additional Division employees as the Director
designates. The committee shall meet at least twice annually at the call of the
Director for the purpose of facilitating communication and resolving
discrepancies regarding the inspection responsibilities of state and federal
agencies with respect to surface mineral mines in the Commonwealth.

HISTORY: 1997, c. 390, § 45.1-161.292:54; 1998, c. 695; 2021, Sp. Sess. I, c.
387.