                                 CODE OF VIRGINIA

 REGULATIONS GOVERNING CONDITIONS AND PRACTICES AT SURFACE MINERAL MINES (§
45.2-1501)

A. The Director shall adopt, in accordance with Article 2 (§ 2.2-4006 et seq.)
of the Administrative Process Act, regulations necessary to ensure safe working
conditions and practices at surface mineral mines in the Commonwealth. Nothing
in this section shall restrict the Director from adopting regulations more
stringent than regulations adopted pursuant to the federal mine safety law. Such
regulations applicable to surface mineral mines shall establish requirements for
the:

   1. Protection of miners from general risks found at surface mineral mines;

   2. Provision and use of personal protection equipment;

   3. Control of unstable ground conditions;

   4. Handling and storage of combustible materials, including requirements for
   emergency plans, firefighting and emergency rescue, fire prevention and safety
   features on mine equipment, and fire prevention and safety in mine structures
   and buildings;

   5. Control of exposure to airborne toxic contaminants;

   6. Safe storage, transportation, and use of explosives and blasting devices;

   7. Safe design, operation, maintenance, and inspection of drilling equipment;

   8. Construction, use, maintenance, and inspection of boilers, air compressors,
   and compressed gas systems;

   9. Safe design, operation, maintenance, and inspection of mobile equipment;

   10. Safe design, use, maintenance, and inspection of ladders, walkways, and
   travel ways;

   11. Safe design, operation, maintenance, and inspection of electrical
   equipment and systems;

   12. Safe design, use, maintenance, and inspection of guards on moving parts of
   equipment and machinery;

   13. Safe storage, transportation, and handling of materials, including
   corrosive and hazardous substances;

   14. Safe design, operation, maintenance, and inspection of hoisting equipment
   and cables;

   15. Actions to be taken by certified and competent persons; and

   16. Design, construction, maintenance, and inspection of refuse piles and
   water and silt retaining dams, including emergency response plans.

B. The Director shall not adopt any regulation relating to surface mineral mines
that is inconsistent with any requirement established by the Act or that, if an
operator were to take action to comply with the provisions of such regulation,
would place the operator in violation of the federal mine safety law.

HISTORY: 1994, c. 28, § 45.1-161.305; 1996, c. 774; 1998, c. 695; 2021, Sp.
Sess. I, c. 387.