                                 CODE OF VIRGINIA

 EVALUATION OF RISKS AT MINES (§ 45.2-1149)

A. For the purpose of allocating the resources of the Department that are to be
used for conducting additional inspections, the Department shall develop a
procedural policy for scheduling such inspections based on an assessment, to be
made at least annually, of the comparative risks at each underground mineral
mine and at any surface mineral mine that is not inspected by MSHA. Such policy
shall be prepared with the assistance of working groups consisting of persons
knowledgeable in mine safety issues. The issuance of such policy shall be exempt
from Article 2 (&#xA7; 2.2-4006 et seq.) of the Administrative Process Act.
Variables that shall be included in the risk assessment measures include (i)
fatality and serious accident rates at the mine, (ii) the rates of issuance of
closure orders and notices of violations of the mine safety laws of the
Commonwealth at the mine, and (iii) the frequency rates for nonserious accidents
or nonfatal days lost. Risk assessments shall be developed for both independent
contractors and individual mine sites.

B. The Director shall schedule additional inspections at each underground
mineral mine, and at each surface mineral mine that is not inspected by MSHA,
based on the rating assigned to it reflecting the assessment of its risks
compared to other such mines in the Commonwealth.

HISTORY: 1997, c. 390, § 45.1-161.292:55; 1998, c. 695; 2021, Sp. Sess. I, c.
387.